The President of the Court, Justice Ricardo Gonçalves, who spoke at a special forum to mark the 50th anniversary of the Economic Community of West African States (ECOWAS), said compliance with the Court’s judgments is not optional but a binding legal obligation under Community law.
Gonçalves disclosed that since the Court became operational in 2001, 128 cases have been filed against Nigeria out of which 66 have been closed, 10 executed and 52 awaiting execution, which he said, called for a profound reflection.
“If Nigeria leads by example, it will strengthen the authority of the Court and send a clear message of commitment to the regional rule of law,” he said.
He, however, blamed poor performance of decisions on structural and institutional weaknesses rather than outright refusal by member states.
He also identified absence of national coordination mechanisms to follow up on court decisions, budgetary and administrative constraints, weak integration of Community decisions into domestic legal systems and legislative and judicial branches as some of the constraints.
“Without enforcement, the decisions of the court become merely declaratory which does not fulfil its transformative function,” he warned.
So far, the court has created a dedicated enforcement division, hold regular dialogue with designated national authorities, set deadlines for compliance within judgments and send follow-up requests to member states on implementation status.
Yet, with only minimal result, the President called for deeper cooperation with stakeholders to identify additional solutions.
The Court President urged Nigerian civil society organisations to institutionalise monitoring of judgments, publish independent compliance scorecards, engage lawmakers, government agencies, and incorporate enforcement into policy reform campaigns.
The Chief Registrar of the Court, Dr Yaouza Ouro-Sama, described the court as the guardian of Community law, protector of human rights and a key instrument for strengthening the rule of law and legal certainty within the ECOWAS space.
Even though the Court has developed a rich and respected jurisprudence, he decried the poor level of implementation.
“Despite the clear provisions of the revised treaty and the protocols governing the Court, the issue of non-enforcement or delayed enforcement of judgments remains a significant challenge.
“This situation has implications on the confidence of citizens in Community justice, coherence of the ECOWAS legal order, court’s credibility and the overall effectiveness of the regional integration process.
“This meeting is both timely and necessary as it provides us with an opportunity to engage in frank, constructive and solution-oriented discussions on the legal, institutional and practical obstacles to enforcement, as well as the mechanisms that can be strengthened or developed to address them.”
He said by integrating Community judgments directly into domestic legal systems, it affirms the supremacy and effectiveness of ECOWAS law and makes enforcement a legal, not discretionary duty arising from the revised treaty.
Ouro-Sama believed that the forum will assist in strengthening the Community legal system in the spirit of cooperation and mutual respect.
“A court whose judgments are respected and enforced is a court that reinforces peace, stability and trust among member states and citizens,” he said.
In his remarks, Nigeria’s AGF, Lateef Fagbemi (SAN), called for reforms that will strengthen enforcement of the Court’s decisions.
Admitting that weak compliance mechanisms risk undermining regional justice and integration, Fagbemi said though the court has recorded significant milestones since establishment, its authority is weakened by persistent enforcement challenges and structural gaps.
He identified “enforcement deficit” as one of its most pressing challenges, stressing that it lacked direct enforcement powers and depends largely on the goodwill of member states.
He also pointed to sovereignty concerns and political resistance, particularly in cases touching on sensitive constitutional or governance matters.
According to him, some rulings have been criticised as stretching jurisdiction beyond the court’s mandate or imposing obligations that are difficult to enforce domestically.
“These criticisms, whether justified or not, highlight the urgent need for clarity in the court’s role and stronger institutional support”, he said.
Fagbemi also observed that absence of an appellate mechanism has contributed to perceptions of rigidity.
“Because judgments of the ECOWAS Court are final, states sometimes feel constrained by decisions they cannot challenge through a second-tier review process,” he noted.
He, therefore, proposed establishment of an appellate body to enhance confidence in the court’s decisions, regional supervisory mechanism to monitor compliance and adoption of clearer enforcement protocols as some of the reforms towards enhanced performance of decisions.
