ECOWAS Commission decries non-implementation of court judgements

The ECOWAS Commission has lamented the failure of member states to implement its regional court’s decisions.

There are 15 countries in the regional body headquartered in Abuja, Nigeria.

Omar Touray, the president of ECOWAS Commission, said “the enforcement of the judgements of the Community Court has remained a major issue in the effective delivery of the mandate and responsibility of the judicial institution to the community citizens.”

Mr Touray spoke on Tuesday at the opening session of the statutory meeting of the ECOWAS Judicial Council in Abuja.

Calling for deliberate action against member states’ disobedience to the ECOWAS Court verdicts, Mr Touray noted that “the supplementary protocol relating to the Community Court provides a role for the national judicial institutions in the enforcement of these judgements.”

The Chief Justices of ECOWAS member states from Ghana, Guinea-Bissau, The Gambia, Liberia, Sierra Leone, Cabo Verde, Benin as well as representatives of Senegal, Togo l, and Cote D’Ivoire are in Abuja for the three-day meeting.

The meeting is being hosted by the Chief Justice of Nigeria (CJN), Olukayode Ariwoola, at the National Judicial Council (NJC) within the Three Arms Zone in Abuja.

A key issue on the agenda of the meeting is the refusal of ECOWAS member states to enforce the regional court’s decisions.

Dwelling on the role of the regional court, Mr Touray said the court had been a reference point for ECOWAS Institutions and individuals in search of advice, arbitration and adjudication.

“The regular session of the Statutory Meeting of the ECOWAS Judicial Council is therefore important to address issues affecting the effective operation of the Community Court and to ensure excellence, high standards of conduct among the judges with regard to their independence, impartiality, and diligence,” he said.

Call at variance with own action

But, Mr Touray’s call for enforcement of ECOWAS Court judgements is contrary to the commission’s operations.

The ECOWAS Commission is in breach of the regional court’s decisions.

For instance, in 2016, the regional court gave a N400 million judgement against the ECOWAS Commission in Abuja.

PREMIUM TIMES reported that a firm, Vision Kam-Jay Investment Limited, was awarded a contract on 11 November 2014 for the supply, installation and maintenance of power and associated equipment at ECOWAS Commission’s Niger House and River Plaza Server Room in Abuja.

But after the contract execution, the ECOWAS Commission failed to pay the contractor, triggering a suit at the court.

Nearly a decade after the judgement was handed down, the commission has yet to comply with the ECOWAS Court orders by refusing to pay the contractor.

Nigeria in breach of ECOWAS Court orders

Nigeria and many other member states are in gross violation of the ECOWAS Court judgements.

For example, the court ordered the Nigerian government to pay N60 million to a survivor, Sunday Ayodeji, who was shot by a police officer in Kaduna, North-west Nigeria.

‘Why decisions are unenforceable’

Meanwhile, the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, has advised the ECOWAS Court to observe its “jurisdictional boundaries” by “limiting unnecessary conflict with domestic laws of member States.”

Mr Fagbemi, a Senior Advocate of Nigeria (SAN), advised while delivering a goodwill message at the event on Tuesday.

“It is important for the Court to pay attention to the peculiarities of member States and refrain from issuing orders and judgments that are practically incapable of enforcement.”

The justice minister advocated alternative dispute-resolution mechanisms.

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He acknowledged the court’s contribution to the maintenance of peace and stability in the region.

Challenges

In his opening address, Nigeria’s Chief Justice, Mr Ariwoola who heads the ECOWAS Judicial Council, said it was crucial for the regional body to harmonise its laws and legal practices.

Mr Ariwoola said the ECOWAS Judicial Council had recorded achievements in fostering justice and the rule of law in West Africa, saying, “the council has made invaluable contributions to the advancement of democracy, human rights and prosperity in the region.”

He, however, noted that challenges persist concerning “inadequate funding, capacity constraints, and the need to bolster cooperation among member states.”