Rédaction Africa Links 24 with Ameh Ejekwonyilo
Published on 2024-02-20 15:48:40
The President of the ECOWAS Commission, Omar Touray, recently lamented the failure of member states to implement decisions made by the regional court. Established to promote and foster economic integration, peace, stability, and democracy in West Africa, the ECOWAS Court has faced numerous challenges in its quest for effective execution of its mandates. Notably, the enforcement of judgments of the Community Court remains a hurdle, thereby undermining the court’s ability to serve the community’s citizens effectively.
At an impactful session on Tuesday held at the ECOWAS Judicial Council in Abuja, Mr. Touray underscored the importance of compliance with the court’s decisions, emphasizing member states’ role in the enforcement of such judgments. He noted that the supplementary protocol relating to the Community Court entrusts national judicial institutions with the responsibility for enforcing these judgments.
Drawing attention to the functions of the regional court, Mr. Touray underscored the court’s significance as a reference point for ECOWAS institutions and individuals seeking advice, arbitration, and adjudication. Furthermore, he highlighted the importance of the regular session of the Statutory Meeting of the ECOWAS Judicial Council in addressing issues affecting the court’s operational effectiveness to guarantee excellence and high standards of conduct among judges regarding independence, impartiality, and diligence.
However, Mr. Touray’s call for the enforcement of ECOWAS Court judgments starkly contradicts the operational practices of the commission. The ECOWAS Commission itself has failed to comply with regional court decisions. For instance, the commission has not honored a N400 million judgment against it despite the court’s clear directive mandating payment to a contractor, Vision Kam-Jay Investment Limited, who was awarded a contract for the supply, installation, and maintenance of power and associated equipment at ECOWAS Commission’s premises in Abuja.
Evidently, non-compliance with regional court judgments is not limited to the ECOWAS Commission. Member states, including Nigeria, have reneged on their obligation to enforce court verdicts. In one instance, the court ordered the Nigerian government to pay N60 million to a survivor who was shot by a police officer in Kaduna, but this has not been done.
Addressing these issues, the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, advised the ECOWAS Court to pay attention to the peculiarities of member states and to refrain from issuing judgments that are practically incapable of enforcement, with particular reference to jurisdictional boundaries.
Chief Justice Olukayode Ariwoola, who is the head of Nigeria’s chapter of the ECOWAS Judicial Council, added that proper harmonization of laws and legal practices across the region is needed. These statements come against the backdrop of the council’s achievements in fostering justice and the rule of law and its contribution to democracy, human rights, and prosperity in the West African region.
Despite the achievements recorded so far, challenges persist, as noted by Chief Justice Ariwoola, including inadequate funding, capacity constraints, and the need to bolster cooperation among member states.
In order to effectively tackle these challenges and to continue its mandate, the ECOWAS Court and its judicial council require the support of member states, stakeholders, and the African and international community. With enhanced cooperation, financial backing, and adherence to the court’s decisions, the ECOWAS Court can realize its mission of promoting peace and stability and fostering regional integration in West Africa.
Read the original article on Premium Times
