Nigeria Tops List Of Unenforced ECOWAS Court Judgments, Falana Urges Tinubu To Ensure Compliance | Sahara Reporters
This call comes as President Tinubu currently chairs the Authority of Heads of State and Government, the highest organ of the Economic Community of West African States (ECOWAS).
Renowned human rights lawyer and former President of the West African Bar Association (WABA), Mr. Femi Falana (SAN), has called on President Bola Ahmed Tinubu to immediately address Nigeria’s failure to comply with the judgments of the ECOWAS Community Court of Justice.
This call comes as President Tinubu currently chairs the Authority of Heads of State and Government, the highest organ of the Economic Community of West African States (ECOWAS).
In a statement titled "End Disobedience of ECOWAS Courts," Falana expressed disappointment that Nigeria, under Tinubu’s leadership, tops the list of ECOWAS member states with the highest number of unenforced court judgments—44 as of December 2024.
Falana made his remarks against the backdrop of ECOWAS' 50th anniversary celebration, held at the Nigerian Institute of International Affairs (NIIA) in Lagos, where President Tinubu praised the regional bloc for promoting democratic norms, the rule of law, and accountability through institutions such as the ECOWAS Court of Justice and the ECOWAS Parliament.
He asserted that numerous member states are in breach of their legal obligations to enforce court rulings.
Falana criticised ECOWAS leaders for paying lip service to the rule of law while ignoring binding judicial decisions.
“ECOWAS leaders have failed to uphold democratic norms and the rule of law. As a result, the region continues to witness unconstitutional changes of government,” he said.
He reminded current ECOWAS leaders that many of their predecessors—who once flouted ECOWAS court rulings—later turned to the same court to seek justice after leaving office.
Citing Article 24 of the ECOWAS Court Protocol, Falana stressed that each member state is obligated to designate a national authority to execute court judgments. Nigeria, he noted, designated the Attorney-General of the Federation for this role in 2014.
The statement reads in part: "In his address delivered during the 50th anniversary celebration of the Economic Community of West African States (ECOWAS), held at the Nigerian Institute of International Affairs (NIIA), Lagos, the Chair of the Authority of Heads of State and Government, President Ahmed Bola Tinubu, said inter alia: 'In governance, ECOWAS has upheld democratic norms through election observation, mediation, and institutions such as the ECOWAS Parliament and Court of Justice—cementing accountability, rule of law, and people-centred governance.'
"With respect, ECOWAS leaders have failed to uphold democratic norms and the rule of law. Hence, the region has continued to witness unconstitutional changes of government. Without any legal or political justification whatsoever, the leaders have treated the decisions of the Community Court of Justice (ECOWAS Court) with disdain. According to the record of the Court, as of December 2024, the number of unenforced judgments by member states of ECOWAS is as follows:
"Nigeria: 44, Togo: 27, Guinea: 15, Mali: 10, Sierra Leone: 9, Niger: 8, Cote D’Ivoire: 8, Senegal: 8, Ghana: 6, Benin: 5, The Gambia: 3, Liberia: 4, Burkina Faso: 5, Cabo Verde: 1 and Guinea Bissau: 1.
"In calling on ECOWAS leaders to comply with the judgments of the ECOWAS Court, we are compelled to remind them that some of their predecessors who ignored the Court's decisions later turned to it for protection of their human rights after leaving office. Such leaders include Charles Taylor of Liberia, Laurent Gbagbo of Côte d’Ivoire, Boni Yayi of Benin, Mamadou Tandja of Niger, and Blaise Compaoré of Burkina Faso. Even Mrs. Doe, the widow of the late Liberian warlord, Mr. Samuel Doe, has secured a judgment from the Court.
"Pursuant to Article 24 of the ECOWAS Court Protocol, each member state is required to designate a competent national authority to handle the receipt and processing of the execution of the Court's judgments. In 2014, Nigeria appointed the Attorney-General and Minister of Justice as the national authority responsible for complying with ECOWAS Court judgments.
"It is the height of embarrassment that Nigeria tops the list with the highest number of unenforced judgments—especially at a time when President Bola Tinubu is the Chairman of the Authority of Heads of State and Government, the highest organ of ECOWAS.
"To end this unwarranted embarrassment, we urge President Tinubu to direct the Attorney-General and Minister of Justice, Mr. Lateef Fagbemi SAN, to ensure that Nigeria complies with the decisions of the ECOWAS Court without further delay. It is time for Nigeria to demonstrate leadership by example."