The President of the ECOWAS Court of Justice, Justice Ricardo Gonçalves, has called on Nigeria to set a benchmark in enforcing the court’s judgments, emphasizing that compliance by the region’s largest economy would strengthen the rule of law and restore public confidence in West African justice systems.
Speaking at a bilateral meeting on the enforcement of ECOWAS Court judgments held on Tuesday in Abuja, Gonçalves highlighted Nigeria’s central role in the regional bloc. “Nigeria is not merely a Member State. It is one of the founding members of ECOWAS, an economic engine of the region, a political and diplomatic leader, and a pillar of regional stability,” he said.
Since the Court’s establishment in 2001, 128 cases have been instituted against Nigeria, with 66 closed, 10 executed, and 52 still pending. “These figures are not presented as censure but as an objective basis for joint and profound reflection,” Gonçalves noted.
He stressed that Nigeria’s leadership in compliance would:
Reinforce the authority of the ECOWAS Court,
Signal a clear commitment to the regional rule of law,
Encourage other member states to follow suit, and
Consolidate Nigeria’s position as a normative reference in West Africa.
“Regional leadership is not demonstrated solely in economic or political terms but also through fidelity to freely undertaken legal obligations,” Gonçalves added.
Challenges to Enforcement
Acknowledging the difficulties faced by member states, the Court President cited structural and institutional obstacles, including poor inter-agency coordination, limited administrative and budgetary capacity, politically sensitive cases, weak sanctions enforcement, and inadequate compliance monitoring.
In response, the ECOWAS Court has introduced measures to improve enforcement, such as the creation of an Enforcement Division, regular engagement with national authorities, compliance deadlines in judgments, and reporting enforcement status to ECOWAS political organs.
The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, identified additional hurdles: the Court’s lack of direct enforcement powers, sovereignty concerns, political resistance, limited resources, and jurisdictional complexity.
He warned that inconsistent application of ECOWAS rulings in areas such as trade, peacekeeping, and free movement “sets a precedent: member states learn that non-compliance carries little consequence,” undermining respect for judicial decisions.
Fagbemi also pointed to the absence of an appellate mechanism within the ECOWAS Court, contrasting it with regional courts like the European Court of Human Rights and the Court of Justice of the European Union, which operate supervisory frameworks that enhance compliance and acceptance.
He further argued that the general institutional weakness of ECOWAS diminishes the authority of its judicial arm: “If the organization itself is seen as lacking the power to enforce collective decisions, the Court’s judgments risk being treated as advisory rather than binding.”
Path Forward
Despite these challenges, Fagbemi noted that the ECOWAS golden jubilee provides an opportunity to reaffirm political will and implement reforms. Suggested measures include introducing appellate or supervisory mechanisms, compliance hearings, follow-up reporting obligations, and stronger enforcement protocols.
Disobedience to ECOWAS Court judgments has been a recurring challenge since the Court became operational. Although its rulings are final and legally binding under ECOWAS protocols, many member states have struggled to comply fully, particularly in cases involving human rights, compensation awards, and politically sensitive governance matters.
Gonçalves concluded that Nigeria’s leadership in enforcement could set a transformative example for the region: “If Nigeria leads by example, it will strengthen the authority of the Court, encourage other states to comply, and uphold West Africa’s reputation as a zone of legal and institutional stability.”
