Nigeria, others ignore our judgment, ECOWAS Court laments
The Court of Justice of the Economic Community of West African States, ECOWAS, has accused Nigeria of refusing to comply with its decisions, lamenting that eighty percent of its judgments could not be enforced.
The President of the regional court, the Justice Ricardo Goncalves, made the disclosure when he led a delegation of judges from the court on a courtesy visit to the Chief Justice of Nigeria (CJN), the Justice Kudirat Kekere-Ekun.
Justice Goncalves said the visit was to solicit the support of the CJN to ensure the enforcement of judgments of the ECOWAS Court in Nigeria.
He blamed the lack of political will for the fact that several verdicts of the court remained unexecuted.
The ECOWAS Court President urged the country to lead by example, insisting that “if Nigeria enforces the court’s judgments, other member states will follow suit.”
In her response, the CJN commended the regional court for what she described as its “landmark and impressive judgments on enforcement of fundamental human rights in the sub-region.”
While acknowledging the importance of enforcing the court’s judgments, the CJN implored the delegation to come up with guidelines that will facilitate the implementation of verdicts by member states.
The CJN stressed that enforcing the court’s decisions lies mainly with the executive arm of government.
She therefore advised the court to use the opportunity provided by its Bilateral Meeting on the Status of the Judgments of the Community Court of Justice of ECOWAS to develop a uniform procedure for the enforcement of the court’s decisions.
Furthermore, the CJN enjoined the judges of the court to consult widely with stakeholders to rework existing guidelines for the enforcement of the court’s judgments, even as she pledged support for the ECOWAS Court in areas of training through the National Judicial Institute (NJI).
A statement signed by the CJN’s media aide, Mr. Tobi Soniyi, revealed that three other Justices of the Supreme Court—Justices Inyang Okoro, Adamu Jauro, and Chioma Iheme-Nwosu—were also in attendance at the meeting.
It will be recalled that the Federal Government had, in 2024, asked the ECOWAS Court to refrain from issuing what it termed unenforceable orders and judgments.
The Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, who represented the FG at the opening session of the statutory meeting of the ECOWAS Judicial Council in Abuja, said it was important for the regional court to pay attention to the peculiarities of member states.
The AGF noted that some judicial pronouncements that emanated from the ECOWAS Court were “practically incapable of enforcement.”
He further argued that there was a “dire need to promote and deepen alternative dispute resolution measures within the region.”
