Procedural integrity: ECOWAS court adopts new practice directions

The Community Court of Justice, Economic Community of West African States (ECOWAS Court), has officially adopted the Instructions to the Chief Registrar and Practice Directions (2025).

The updates are aimed at enhancing efficiency and procedural integrity as well as reinforcing the Court’s commitment to providing effective access to justice for the citizens of the ECOWAS region.

The adoption of the updated guidelines hinged on the recommendations of the Judicial Retreat held between November 12 and 15, 2023, as well as the Judges’ Retreat, which was held the same year between November 15 and 19.

The revised documents consolidate and supplement the instructions to the Chief Registrar and Practice Directions of 2012, as well as the 2020 Practice Directions on Electronic Case Management and Virtual Court Sessions, addressing procedural gaps and improving case management.

Some of the highlights of the new instructions and practice directions include streamlined case management, which stipulates that applications must comply with specified page limits to ensure expediency.

It holds that initiating applications and statements of defence are limited to 15 pages, replies and rejoinders not more than 10 pages while other applications should not exceed five pages.

The new practice directions also touched on monitoring and compliance.

“The Chief Registrar is tasked with ensuring adherence to filing deadlines, issuing Certificates of Non-lodgment in cases of non-compliance, and delisting dormant cases where appropriate.

Other additions are Expedited Procedures, Enhanced Language Accessibility, Compensation and Damages, Preliminary Objections and Consolidation of Cases as well as Intervention and Amicus Curiae Participation.

ECOWAS Court held that urgent applications for expedited procedures or interim measures must be prioritised with translations of pleadings given precedence.

Meanwhile, parties requiring interpretation in non-working languages of the Court may formally request such services, with provisions for freelance interpreters under ECOWAS-approved conditions.

Under compensation and damages, the court stipulated that awards are to be made in the currency of the respondent state with flexibility for conversion using prevailing exchange rates published by the ECOWAS Bank for Investment and Development (EBID).

“These updates are issued under Article 12 and Article 100 of the Court’s Rules, empowering the Court to establish procedural guidelines and ensure the proper conduct of parties, their agents, advisers, and counsel.

“The new directives are grounded in the Court’s continuous efforts to address procedural challenges and uphold the principles of justice and equity.

“Meanwhile, the instructions to the Chief Registrar and Practice Directions (2025) are available in English, French and Portuguese, ensuring accessibility across the ECOWAS Community”, the court said.

It, therefore, urged legal practitioners, litigants and stakeholders to review the documents to align with the newly adopted procedure by the Court.

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