The Attorney-General of the Federation and Minister of Justice, Lateef O. Fagbemi, has called for critical reforms to strengthen the enforcement and institutional framework of the ECOWAS Court of Justice, as part of activities marking the golden jubilee of the Economic Community of West African States.
Delivering a keynote address at the Special Forum on the Status of Enforcement of Judgments of the ECOWAS Court of Justice, the Attorney-General described ECOWAS at 50 as a beacon of regional integration, economic cooperation, and collective security, with the Court serving as a guardian of the rule of law and a symbol of shared commitment to justice and accountability across West Africa.
He noted that since becoming operational in January 2001, the ECOWAS Court has established itself as a credible forum for adjudicating disputes between individuals, member states, and institutions. According to him, the Court has delivered landmark judgments on human rights, governance, accountability, and media freedom, thereby strengthening the rule of law and enhancing citizens’ confidence in regional justice, particularly where national systems are perceived as insufficient.
However, the Attorney-General acknowledged that the Court’s journey has not been without challenges, observing that such difficulties mirror those faced by regional and international courts worldwide. He identified key obstacles, including enforcement deficits arising from the Court’s lack of direct enforcement powers, sovereignty concerns by member states, political resistance in sensitive cases, resource constraints, jurisdictional complexities, and perceptions of bias often directed at international judicial bodies.
He further observed that criticisms persist regarding weak enforcement mechanisms and what some perceive as a disconnect between supranational judgements and domestic legal systems. Certain judgements, he noted, have been described by observers as stretching jurisdiction beyond mandate or intruding into sensitive constitutional matters, raising questions about enforceability and institutional balance.
A significant concern highlighted in the address was the absence of an appellate process within the ECOWAS Court. The Attorney-General explained that because the Court’s decisions are final and not subject to second-tier review, they may be perceived as rigid, particularly in politically sensitive matters or where substantial costs are awarded.
He contrasted this with other international judicial systems, referencing structured supervisory or review mechanisms in courts such as the European Court of Human Rights, the Court of Justice of the European Union, and the Inter-American Court of Human Rights.
The Attorney-General also pointed to broader institutional weaknesses within ECOWAS itself, noting that limited political authority, dependence on voluntary compliance by member states, perceptions of soft power, inconsistent enforcement across sectors, and erosion of rule-of-law culture at the regional level have inevitably impacted respect for the Court’s judgements.
According to him, strengthening the enforcement of the Court’s decisions is inseparable from strengthening ECOWAS as an institution. Where the regional body is perceived as lacking the power to enforce collective decisions, its judicial arm risks being treated as advisory rather than binding.
Despite these challenges, he expressed optimism that opportunities abound through enhanced collaboration between national judiciaries and the ECOWAS Court, particularly in creating seamless enforcement mechanisms. On the 50th anniversary, he stated, it presents an opportunity to reaffirm political will and collective responsibility to uphold the rule of law.
Among the reforms suggested were the establishment of regional supervisory oversight mechanisms to monitor compliance, the introduction of an appellate process, compliance hearings, and follow-up reporting obligations; the adoption of more effective enforcement protocols; and the consideration of cooperation agreements similar to those of other international courts.
Concluding his address, the Attorney-General emphasised that integration without justice is fragile and that the ECOWAS Court embodies the region’s collective aspiration for fairness, accountability, cross-border justice, and respect for human dignity. He urged stakeholders to commit to building a future where the rule of law becomes a lived reality across West Africa.
The address formed part of bilateral deliberations aimed at strengthening the institutional and enforcement architecture of the ECOWAS Court as the regional bloc marks fifty years of existence.
The Attorney-General of the Federation and Minister of Justice, Lateef O. Fagbemi, has called for critical reforms to strengthen the enforcement and institutional framework of the ECOWAS Court of Justice, as part of activities marking the golden jubilee of the Economic Community of West African States.
Delivering a keynote address at the Special Forum on the Status of Enforcement of Judgments of the ECOWAS Court of Justice, the Attorney-General described ECOWAS at 50 as a beacon of regional integration, economic cooperation, and collective security, with the Court serving as a guardian of the rule of law and a symbol of shared commitment to justice and accountability across West Africa.
He noted that since becoming operational in January 2001, the ECOWAS Court has established itself as a credible forum for adjudicating disputes between individuals, member states, and institutions. According to him, the Court has delivered landmark judgments on human rights, governance, accountability, and media freedom, thereby strengthening the rule of law and enhancing citizens’ confidence in regional justice, particularly where national systems are perceived as insufficient.
However, the Attorney-General acknowledged that the Court’s journey has not been without challenges, observing that such difficulties mirror those faced by regional and international courts worldwide. He identified key obstacles including enforcement deficits arising from the Court’s lack of direct enforcement powers, sovereignty concerns by member states, political resistance in sensitive cases, resource constraints, jurisdictional complexities, and perceptions of bias often directed at international judicial bodies.
He further observed that criticisms persist regarding weak enforcement mechanisms and what some perceive as a disconnect between supranational judgments and domestic legal systems. Certain judgments, he noted, have been described by observers as stretching jurisdiction beyond mandate or intruding into sensitive constitutional matters, raising questions about enforceability and institutional balance.
A significant concern highlighted in the address was the absence of an appellate process within the ECOWAS Court. The Attorney-General explained that because the Court’s decisions are final and not subject to second-tier review, they may be perceived as rigid, particularly in politically sensitive matters or where substantial costs are awarded.
He contrasted this with other international judicial systems, referencing structured supervisory or review mechanisms in courts such as the European Court of Human Rights, the Court of Justice of the European Union, and the Inter-American Court of Human Rights.
The Attorney-General also pointed to broader institutional weaknesses within ECOWAS itself, noting that limited political authority, dependence on voluntary compliance by member states, perceptions of soft power, inconsistent enforcement across sectors, and erosion of rule-of-law culture at the regional level have inevitably impacted respect for the Court’s judgments.
According to him, strengthening the enforcement of the Court’s decisions is inseparable from strengthening ECOWAS as an institution. Where the regional body is perceived as lacking the power to enforce collective decisions, its judicial arm risks being treated as advisory rather than binding.
Despite these challenges, he expressed optimism that opportunities abound through enhanced collaboration between national judiciaries and the ECOWAS Court, particularly in creating seamless enforcement mechanisms. On the 50th anniversary, he stated, it presents an opportunity to reaffirm political will and collective responsibility to uphold the rule of law.
Among the reforms suggested were the establishment of regional supervisory oversight mechanisms to monitor compliance, introduction of an appellate process, compliance hearings and follow-up reporting obligations, adoption of more effective enforcement protocols, and consideration of cooperation agreements similar to those of other international courts.
Concluding his address, the Attorney-General emphasized that integration without justice is fragile, and that the ECOWAS Court embodies the region’s collective aspiration for fairness, accountability, cross-border justice, and respect for human dignity. He urged stakeholders to commit to building a future where the rule of law becomes a lived reality across West Africa.
The address formed part of bilateral deliberations aimed at strengthening the institutional and enforcement architecture of the ECOWAS Court as the regional bloc marks fifty years of existence.
