ECOWAS Court Laments Nigeria’s Non-Compliance as Majority of Judgments Remain Unenforced

By: Israel Adeleke

OPEN TELEVISION NAIJA (OTN) News reports as gathered that the Court of Justice of the Economic Community of West African States (ECOWAS) has expressed concern over widespread non-compliance with its rulings, accusing Nigeria and other member states of failing to enforce the bulk of its judgments.

OTN News further reports as gathered that the president of the regional court, Ricardo Goncalves, who made this disclosure, disclosed that about 80 per cent of the court’s decisions remain unenforced.

He made the remark while leading a delegation of ECOWAS Court judges on a courtesy visit to the Chief Justice of Nigeria, Kudirat Kekere-Ekun, in Abuja.

Justice Goncalves said the visit was aimed at seeking the support of the Chief Justice to improve compliance with the court’s judgments in Nigeria, which he described as critical to the credibility and effectiveness of the regional judicial system.

He attributed the persistent failure to enforce rulings to a lack of political will among member states.

According to him, Nigeria, as a leading country in the sub-region, has a responsibility to set the pace.

“If Nigeria enforces the court’s judgments, other member states will follow suit,” he said, urging the country to lead by example.

Responding, the Chief Justice of Nigeria commended the ECOWAS Court for what she described as its landmark and impressive judgments, particularly in the area of enforcement of fundamental human rights across the sub-region.

She acknowledged the importance of ensuring that the court’s decisions are respected and implemented by member states.

However, Justice Kekere-Ekun noted that the enforcement of ECOWAS Court judgments largely rests with the executive arm of government.

She therefore urged the regional court to develop clear and practical guidelines that would assist member states in implementing its rulings.

The CJN advised the delegation to take advantage of the court’s Bilateral Meeting on the Status of the Judgments of the Community Court of Justice of ECOWAS to fashion a uniform procedure for enforcement.

She also encouraged the judges to consult widely with relevant stakeholders to review and strengthen existing guidelines.

In addition, Justice Kekere-Ekun pledged the support of the Nigerian judiciary to the ECOWAS Court, particularly in the area of capacity building and training through the National Judicial Institute (NJI).

A statement signed by the CJN’s media aide, Mr. Tobi Soniyi, said other Justices of the Supreme Court in attendance at the meeting included Inyang Okoro, Adamu Jauro, and Chioma Iheme-Nwosu.

OTN News observes that the concerns raised by the ECOWAS Court come against the backdrop of earlier reservations expressed by the Federal Government.

In 2024, the government urged the regional court to refrain from issuing what it described as unenforceable orders and judgments.

At the opening session of a statutory meeting of the ECOWAS Judicial Council in Abuja, the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, said the court needed to pay closer attention to the peculiarities of member states.

He, however, argued that some of the court’s pronouncements were “practically incapable of enforcement” and called for greater emphasis on alternative dispute resolution mechanisms within the region.