ECOWAS Court dismisses Shatta Wale’s discrimination case against Gaming Commission

The Community Court of Justice of the Economic Community of West African States (ECOWAS) has dismissed a legal action brought by Ghanaian musician Charles Nii Armah Mensah, known popularly as Shatta Wale, ruling that his claim of discrimination against the Republic of Ghana and its Gaming Commission lacked merit.

Delivering its judgment in Case No. ECW/CCJ/APP/25/24 on May 8, 2025, the Court held that the Applicant failed to substantiate allegations that his rights were violated when he was reportedly prevented from entering into an endorsement agreement with a betting company in Ghana.

Shatta Wale had argued that his right to non-discrimination was infringed upon following the application of Ghana’s Advertising Guidelines, specifically Guideline VII, which prohibits gaming operators from using celebrities in advertisements that may encourage gambling. 

According to the artist, this restriction unfairly targeted him due to his public profile and contravened protections under the African Charter on Human and Peoples’ Rights.

However, the Court found that the musician did not provide any credible evidence that supported his claims. Notably, the Applicant was unable to produce any documentation or oral testimony proving that a contract discussion had taken place with the unnamed gaming company, nor did he present evidence showing that Ghanaian authorities had intervened to block such a deal.

Additionally, the Court observed that Mr Mensah failed to demonstrate instances where other celebrities in similar circumstances had received more favourable treatment, an omission that undermined his argument of discriminatory enforcement.

The Court also raised concerns about the lack of identification of the gaming company at the centre of the dispute. It ruled that granting relief without clarity on a third party with a critical role in the matter would contradict the Court’s rules of admissibility.

While the Court affirmed its jurisdiction and deemed the application admissible, it ultimately dismissed the case entirely for lacking merit.

The decision was issued by a judicial panel comprising Justice Ricardo Cláudio Monteiro Gonçalves as presiding judge, with Justice Sengu Mohamed Koroma and Justice Dupe Atoki serving as members.