Only 22% of ECOWAS Court judgments have been enforced, raising alarm over rule of law in West Africa. Stakeholders seek urgent action at Lagos meeting

[dropcap]T[/dropcap]he ECOWAS Community Court of Justice has sounded the alarm over what it calls a major crisis undermining its authority: a staggering 78 percent of its judgments remain unenforced by member states.

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This troubling figure took centre stage on the opening day of a landmark meeting of Competent National Authorities (CNAs), which kicked off on Monday, June 23, 2025, in Lagos, Nigeria.

The two-day summit aims to strengthen cooperation between national governments and the regional court to ensure its rulings are upheld.

In his keynote address, the President of the Court, Hon. Justice Ricardo Cláudio Monteiro Gonçalves, said the persistent lack of compliance is damaging the credibility of the institution and eroding public trust in the rule of law across West Africa.

“This statistic is not encouraging and has the potential to erode public confidence in the Court,” Gonçalves declared.

“Non-enforcement of judgments is an existential threat to the Court and undermines regional justice, accountability, and human rights protection.”

The ECOWAS Court, created under Article 15 of the 1993 Revised Treaty, has evolved into a key regional body handling human rights and arbitration cases.

While its judgments are binding, enforcement is left to the discretion of national authorities—many of whom lack either the political will or the legal framework to act.

Most ECOWAS countries have named their Competent National Authorities, but Gonçalves noted that this step alone has not translated into improved enforcement rates.

Non-enforcement of judgments is an existential threat to the Court and undermines regional justice, accountability, and human rights protection.

He urged authorities to share best practices, align legal instruments, and streamline procedures to ensure prompt compliance with rulings.

Chief Registrar of the Court, Dr. Yaouza Ouro-Sama, was more blunt in his remarks, stating that the court is often regarded as a “toothless bulldog” due to its inability to enforce its own decisions.

He cited a lack of political will, non-domestication of ECOWAS legal frameworks, and absence of national legislation as the major obstacles.

“The ECOWAS Court of Justice has held in a plethora of cases that it lacks the power to enforce its decisions. We rely on member states to voluntarily comply or use their national mechanisms for enforcement,” Ouro-Sama explained.

The Lagos workshop, themed Enhancing the Role, Relevance, and Effectiveness of the ECOWAS Court of Justice, brings together stakeholders from across the region, including officials from the ECOWAS Commission, the ECOWAS Parliament, and various national justice ministries.

Representing Nigeria’s Attorney General and Minister of Justice, Lateef Fagbemi (SAN), Mr. Nnanna O. Ibom reaffirmed Nigeria’s commitment to regional justice and said enforcement must become central to ECOWAS’ credibility.

The meeting is expected to deliver practical strategies to harmonise legal frameworks, increase national accountability, and create stronger institutional mechanisms for compliance.

Justice Gonçalves expressed hope that the forum would mark a turning point for the Court’s effectiveness.

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“We must ensure that the ECOWAS Court’s judgments are not left on paper,” he said, “but are implemented in line with international best practices to uphold the rule of law across the region.”