Nigeria urged to lead in enforcing ECOWAS Court judgments

By Innocent Anaba

President of the ECOWAS Court of Justice, Justice Ricardo Gonçalves, has called on the Nigerian government to take the lead in enforcing decisions of the regional court, warning that persistent non-compliance threatens the credibility of the Community legal system and the broader integration project in West Africa.

Speaking at a bilateral meeting between the Court and Nigeria in Abuja, the President said enforcement of the Court’s judgments is not optional but a binding legal obligation under the Economic Community of West African States (ECOWAS) legal framework.

He cited the Revised ECOWAS Treaty (1993), Protocol A/P.1/7/91 relating to the Community Court of Justice as amended, Supplementary Act A/SP.13/02/12 on sanctions, and Supplementary Act A/SA.1/12/25, all of which make the Court’s decisions final, binding and immediately enforceable.

According to him, Member States are required to designate competent national authorities responsible for enforcement, stressing that compliance is a treaty obligation freely undertaken by governments.
“The Court is not merely a judicial body; it is a pillar of the regional rule of law. Without enforcement, its decisions become merely declaratory,” he said.

Structural Challenges Identified

The Court President acknowledged that failure to enforce judgments does not usually arise from outright refusal by states, but from structural and institutional challenges.

He listed internal coordination gaps, administrative and budgetary constraints, lack of harmonisation between Community decisions and national legal systems, and weak inter-branch cooperation among the Executive, Legislature and Judiciary as major impediments.

Other challenges, he noted, include political sensitivities surrounding human rights matters, limited enforcement mechanisms, insufficient engagement of ECOWAS political organs, and the Court’s lack of direct enforcement mandate, as it relies on the good faith of Member States.

He further observed that Member States often fail to promptly update the Court on steps taken toward compliance.

“These causes should not be seen as accusations, but as institutional realities requiring structured responses and strengthened cooperation,” he said.

Consequences Of Non-Compliance

The President warned that persistent non-compliance erodes the authority of the Court, weakens the Community legal order, and undermines citizens’ confidence in regional justice.

He added that it could damage the international image of West Africa at a time the region seeks to project political and legal stability, while also setting a dangerous precedent that may foster disregard for Community obligations.

Nigeria’s Strategic Role

Describing Nigeria as a founding member, economic engine and diplomatic leader in the region, the Court President urged the country to assume an exemplary role in enforcement.

He disclosed that since the Court’s establishment, 128 cases have been instituted against Nigeria, with 66 closed, 10 executed and 52 still pending execution.

“These figures are not presented as censure, but as an objective basis for joint and profound reflection,” he said.

He expressed confidence that Nigeria possesses the institutional capacity and democratic maturity to strengthen the authority of the Court and send a clear signal of commitment to the regional rule of law.
“If Nigeria leads by example, it will encourage other States to follow the same path and consolidate its position as a normative reference in West Africa,” he added.

Steps Taken By The Court

The President outlined measures already adopted by the Court to improve compliance, including the creation of a dedicated Enforcement Division within its Registry, regular dialogue with national competent authorities, and the practice of setting compliance deadlines within judgments.

Other initiatives include follow-ups with Member States that have not designated enforcement authorities, requests for updates on implementation, and presentation of enforcement status at meetings of the ECOWAS Council of Ministers and the Conference of Heads of State and Government.

He, however, admitted that existing measures may not be sufficient and called for strengthened collaboration between the Court and Nigeria to develop sustainable solutions.

“Enforcement of the Court’s decisions is not a favour to the Court — it is a commitment to the citizens of the region and to the Community project itself,” he said.

The bilateral meeting, he added, should mark the beginning of a new phase of reinforced cooperation between the ECOWAS Court and Nigeria.

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