Legal experts have engaged in a debate following the cautionary statement made by the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), regarding the issuance of unenforceable orders and judgments by the Economic Community of West African States (ECOWAS) Court of Justice.
Fagbemi emphasized the importance of the court refraining from issuing judgments that cannot be practically enforced and called for a better understanding of the domestic laws and peculiarities of member states.
However, human rights lawyer and former President of the West African Bar Association, Femi Falana (SAN), countered Fagbemi’s statement, suggesting that Nigeria was the primary culprit when it came to disregarding ECOWAS Court orders. Falana criticized the Nigerian government for behaving as if the country were still under military rule and failing to comply with the court’s judgments. He cited examples of other ECOWAS member states, such as The Gambia and Ghana, which have demonstrated compliance with the court’s decisions.
Echoing Falana’s sentiments, Chief Mike Ozekhome (SAN) placed the blame on the Nigerian government for ignoring ECOWAS Court orders. He emphasized that other countries diligently abide by the court’s judgments and highlighted the need for the Nigerian government to address its non-compliance.
The effectiveness of the ECOWAS Court has faced significant challenges in enforcing its judgments and orders. During the first regular session of the 5th ECOWAS Parliament in Abuja on May 9, 2023, Justice Edward Sante, the President of the Court, revealed that more than 70% of the court’s decisions, totaling over 106 cases, were yet to be implemented by member states. Additionally, 11 court rulings against ECOWAS itself had not been complied with.
Addressing these concerns, Fagbemi, speaking at the Statutory ECOWAS Judicial Council meeting in Abuja, urged the ECOWAS Court to strengthen its jurisdiction while considering the peculiarities of member states. He emphasized the importance of avoiding orders and judgments that are practically unenforceable and encouraged the promotion of alternative dispute resolution mechanisms within the region. Fagbemi also called for necessary reforms to enhance the court’s ability to deliver justice effectively in the region.
In response to the debate, Falana emphasized that not all ECOWAS member states disobey the court’s judgments like Nigeria does. He cited instances where other countries, such as The Gambia and Ghana, have promptly complied with the court’s decisions upon notification. Falana further linked the disregard for court orders, both domestic and regional, to the history of military and authoritarian regimes in Africa, urging governments to prioritize the rule of law.
Commenting on the issue, Chief Justice of Nigeria, Justice Olukayode Ariwoola, who also serves as the chairman of the council, called on African leaders to prioritize justice and equity in building a prosperous West Africa for future generations. He assured that the ECOWAS judicial council, under his leadership, would address issues affecting the West African judiciary and the organization of the ECOWAS Community Court of Justice.
Highlighting the crucial role of the judiciary in addressing instability and insecurity in the region, President of the ECOWAS Commission, Omar Touray, stressed the significance of the justice sector in conflict prevention through the promotion and defense of the rule of law and human rights.
As the legal community engages in a discourse on the enforceability of ECOWAS Court judgments, the focus remains on ensuring that the court’s decisions are respected by member states, while reforms are pursued to enhance the court’s efficacy and promote justice within the region