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Council raises panels to enforce ECOWAS Court rulings

By Bertram Nwannekanma (Lagos) and Terhemba Daka (Abuja)
23 February 2024   |   6:53 am
Chief Justice of Nigeria (CJN), Olukayode Ariwoola, yesterday, asserted that the Economic Community of West African States (ECOWAS) Judicial Council would soon review the enforcement of judgments from the sub-regional body’s court. 
[FILES] CJN Olukayode Ariwoola

.SERAP seeks retraction of Fagbemi’s remarks

Chief Justice of Nigeria (CJN), Olukayode Ariwoola, yesterday, asserted that the Economic Community of West African States (ECOWAS) Judicial Council would soon review the enforcement of judgments from the sub-regional body’s court.

He dropped the hint after he led ECOWAS Judicial Council members to meet with President Bola Tinubu in Abuja.

According to him, the council has raised two committees to appraise rules and ensure enforcement of judgments of the group’s court.

Ariwoola spoke in the wake of the admonition by Nigeria’s Attorney-General and Minister of Justice, Lateef Fagbemi, on Tuesday, at the statutory ECOWAS Judicial Council meeting in the Federal Capital Territory (FCT) that the ECOWAS Court of Justice should strengthen its jurisdiction and guard against unenforceable judgments and orders.

Stating that he has been elected as chairman of the council, the CJN confirmed assuring Tinubu that the issue would get prominent attention.

However, the Socio-Economic Rights and Accountability Project (SERAP) has urged the President “to publicly instruct the Attorney General of the Federation and Minister of Justice, Mr Lateef Fagbemi (SAN), to immediately withdraw his statement purportedly advising the Court of Justice of the Economic Community of West African States (ECOWAS) to refrain from issuing unenforceable orders and judgments.”

In a statement yesterday by its Deputy Director, Kolawole, Oluwadare, the organisation submitted: “The statement is inconsistent and incompatible with Nigeria’s international legal obligations assumed under the various ECOWAS treaties and protocols to which the country is a state party.

“It is incorrect to say that the ECOWAS Court judgments and orders are unenforceable the same way the Tinubu government cannot plausibly claim the judgments delivered by the Nigerian courts are unenforceable.”

SERAP went on: “This statement is a political attack on the ECOWAS Court, which if not immediately withdrawn, would undermine the integrity, independence, authority and effectiveness of the court and deny Nigerians access to justice and effective remedies.”

The group, therefore, called on the current administration to reaffirm its commitment to upholding the voluntary obligations under the various ECOWAS treaties and protocols and begin to enforce and implement all outstanding judgments of the ECOWAS Court delivered against Nigeria, including the verdict compelling the Federal Government to ensure that all Nigerian children enjoy the right to free education.

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