Concerns over 22% enforcement of ECOWAS Court judgments

ECOWAS Community Court of Justice has disclosed that only 22 per cent of its judgments have been enforced by member states, despite existing legal frameworks and the appointment of Competent National Authorities (CNAs) across the region.

This was made known yesterday during the opening session of the inaugural meeting of CNAs, held in Lagos, which brought together Ministers of Justice, Attorneys General, legal officers and stakeholders from across the Economic Community of West African States (ECOWAS).

In his welcome address, President of the ECOWAS Court, Justice Ricardo Cláudio Monteiro Gonçalves, decried the persistently low enforcement rate, describing it as a “threat to the very existence” of the Court.

“Despite the existence of a legal framework and the appointment of competent authorities in most member states, enforcement remains worryingly low. Non-enforcement of decisions erodes public trust and impedes the advancement of justice and human rights in the region.”

The ECOWAS Court, which was expanded in 2005 to allow individuals and entities direct access, now operates under four mandates: as a Community Court, a Human Rights Court, a Public Service Court, and an Arbitration Tribunal. Its decisions are legally binding under Article 15(4) of the Revised ECOWAS Treaty and Article 24 of the 2005 Supplementary Protocol, which task Member States with executing judgments through their national legal systems.

However, Justice Gonçalves noted that while 10 of the 12 ECOWAS member states have appointed CNAs to handle enforcement, this has not translated into improved compliance.

Also, the Court’s Chief Registrar, Dr Yaouza Ouro-Sama, echoed these concerns, stating that failure to enforce judgments not only diminishes the authority of the Court but also sends a troubling message to citizens and litigants across West Africa.

Despite these challenges, the two-day meeting themed “Enhancing the Role, Relevance, and Effectiveness of the ECOWAS Court of Justice: Strengthening Synergies Between the Court and Competent National Authorities” aims to craft solutions.

The Nigerian Attorney General and Minister of Justice, Lateef Fagbemi (SAN), was represented by Mr Nnanna Ibom, Director of International and Comparative Law at the Federal Ministry of Justice, reaffirmed Nigeria’s strong support for the ECOWAS Court of Justice.

He emphasised that effective enforcement of the Court’s judgments is critical to maintaining the integrity and credibility of regional justice systems.

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