ECOWAS Court probes member states disobedience to judgments
The Judicial Council of the Economic Community of West African States, has said it is combing its extant laws and reviewing the level of implementation of its past rulings by member states.
The move came days after Nigeria’s Attorney-General and the Minister of Justice, Lateef Fagbemi (SAN), called on the ECOWAS Court of Justice to refrain from issuing orders and judgments that were impossible to enforce.
“We’ve set up two committees; one to look into the rules and the other to look into the position or the status of the enforcement of judgments of the community court,” said the President of the ECOWAS Judicial Council and Chief Justice of Nigeria, Justice Olukayode Ariwoola, after closed-door talks with President Bola Tinubu at the State House, Abuja, on Thursday.
At the opening session of the statutory meeting of the ECOWAS Judicial Council on Tuesday, Fagbemi told participants, “It is important for the court to pay attention to the peculiarities of member states and refrain from issuing orders and judgments that are practically incapable of enforcement. There is also a dire need to promote and deepen alternative dispute resolution measures within the region.”
Responding to Mr Fagbemi’s comments on Thursday, Ariwoola said, “The Attorney-General gave that as part of his pitch at the opening session on Tuesday and that is part of my remarks to Mr. President, also this morning that the issue on the enforcement of the judgments of the community court is going to be looked into.
“We’ve set up two committees; one to look into the rules and the other to look into the position or the status of the enforcement of judgments of the community court and as I told Mr. President, by the time the council concludes its meeting, the recommendations will show that we have worked so hard to support the commission.”
The CJN said the council apprised the President of the discussions held at its recent meeting.
“The meeting with Mr. President went on beautifully. This is a courtesy visit to Mr. President by the ECOWAS Judicial Council. As the Chief Justice of Nigeria, I was elected the Chairman of the ECOWAS Judicial Council.
“The council has been meeting at the Council Hall of the National Judicial Council since Tuesday and that’s why we planned to visit Mr. President…and we were granted the honour to make this visit, to apprise His Excellency of what transpired at our meeting. We planned to submit our recommendations to the authority when we conclude our meeting,” he explained.
Meanwhile, an anti-corruption advocacy group, Socio-Economic Rights and Accountability Project, has taken exception to the AGF’s position on ECOWAS Court judgments.
In a statement on Thursday by its Deputy Director, Kolawole Oludare, SERAP described Fagbemi’s remark as a political attack on the ECOWAS Court.
Oludare stated that the statement of the AGF was 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.
He said, “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 judgments of the ECOWAS Court, which are final and immediately binding and enforceable, are vital for the realisation of ECOWAS aims and objectives.
“Rather than making statements to undermine the integrity, independence, and authority of the ECOWAS Court, the Tinubu government should demonstrate the political will to immediately enforce all outstanding judgments by the court.”
He noted that SERAP would not hesitate to hold the Nigerian government accountable if it breached any of its obligations under the Ecowas treaties and protocols.
