LOW COMPLIANCE WITH ECOWAS COURT JUDGMENTS PROMPTS REGIONAL DIALOGUE IN LAGOS 24-06-25
By Sadiq Aminu. The ECOWAS Community Court of Justice has raised concerns over the alarmingly low rate of compliance with its judgments by member states, stating that only 22% of its decisions have been enforced.
This critical issue was at the center of deliberations on the opening day of the inaugural meeting of Competent National Authorities (CNAs) held in Lagos, Nigeria, from June 23–24, 2025.
In his opening address, the President of the ECOWAS Court, Hon. Justice Ricardo Cláudio Monteiro Gonçalves, described the meeting as a “vital step” toward addressing one of the Court’s most pressing challenges poor enforcement of its rulings.
He noted that while most ECOWAS member states have appointed CNAs, the actual execution of judgments remains low, threatening the Court’s relevance and the broader rule of law in the region.
“This statistic is not encouraging and has the potential to erode public confidence in the Court,” said Justice Gonçalves.
“Non-enforcement of judgments is an existential threat to the Court and undermines regional justice, accountability, and human rights protection.”
Established under Article 15 of the 1993 ECOWAS Revised Treaty, the Court has evolved from an interstate legal institution into one that also hears human rights cases and arbitration matters.
Yet, the implementation of its decisions, despite being binding under both the Treaty and its Protocols, is left in the hands of individual states and their national legal systems.
Justice Gonçalves emphasized that the Court depends heavily on the goodwill and cooperation of member states to fulfill its mandate.
He called on national authorities to take more proactive steps, including sharing best practices and streamlining procedures to ensure prompt enforcement of judgments.
Also speaking at the meeting, Chief Registrar of the ECOWAS Court, Dr. Yaouza Ouro-Sama, lamented the fact that the Court is often viewed as a “toothless bulldog” due to its lack of enforcement power.
He outlined several obstacles to compliance, including lack of political will, failure to domesticate ECOWAS legal instruments, and absence of implementing legislation at the national level.
“The ECOWAS Court of Justice has held in a plethora of cases that it lacks the power to enforce its decisions. We rely on member states to voluntarily comply or use their national mechanisms for enforcement,” Dr. Ouro-Sama stated.
He noted that the meeting held under the theme “Enhancing the Role, Relevance, and Effectiveness of the ECOWAS Court of Justice” was designed to foster collaboration between the Court, CNAs, and other stakeholders, including the ECOWAS Commission’s Legal Department and the ECOWAS Parliament’s Human Rights Committee.
Representing Nigeria’s Attorney General and Minister of Justice, Lateef Fagbemi (SAN), Mr. Nnanna O. Ibom, Director of International and Comparative Law at the Federal Ministry of Justice, reiterated Nigeria’s commitment to the ECOWAS Court and highlighted the strategic importance of enforcement to the credibility of regional justice.
The two-day meeting is expected to produce actionable strategies for raising enforcement levels, harmonizing procedures across member states, and strengthening the relationship between the Court and national authorities.
Justice Gonçalves expressed optimism that the workshop would lead to “an integrated network and sustained cooperation” capable of transforming the Court’s judgments from mere legal declarations into enforceable instruments of justice.
“We must ensure that the ECOWAS Court’s judgments are not left on paper,” he concluded, “but are implemented in line with international best practices to uphold the rule of law across the region.”