The ECOWAS Court of Justice sitting in Osborne, Lagos State, has dismissed a discrimination lawsuit filed by Ghanaian musician Charles Mensah, popularly known as Shatta Wale, against the Republic of Ghana and its Gaming Commission.
In the judgment delivered in suit No. ECW/CCJ/APP/25/24, the court ruled that the applicant failed to provide sufficient evidence to support his claims of discriminatory treatment stemming from the country’s advertising regulations.
Mensah had alleged that he was denied an endorsement opportunity with a gaming company due to Guideline VII of Ghana’s Advertising Guidelines, which prohibits gaming operators from using celebrities in promotional materials. He argued that this guideline violated his right to non-discrimination as guaranteed under the African Charter on Human and Peoples’ Rights.
However, the Republic of Ghana denied the allegation, maintaining that the regulation applies uniformly to all celebrities and challenged the musician to provide evidence of any celebrity who had been treated differently.
In its judgment, the court stated that the applicant “failed to prove that there was any correspondence with the gaming company,” adding that he also did not disclose the identity of the company—a key element that the court described as a “necessary party to the suit.”
Furthermore, the court held that there was no evidence presented to suggest the government issued any directive influencing the decision of the gaming company. The panel also concluded that there was no credible proof of discriminatory treatment as alleged.
While affirming its jurisdiction over the matter and declaring the application admissible, the court ultimately dismissed the case in its entirety for lacking merit.
The judgment was delivered by a panel comprising Justices Ricardo Gonçalves (presiding), Sengu Koroma, and Dupe Atoki.
