Nigeria Leads as ECOWAS Members Default on 150 Judgments

A staggering number of 150 judgments issued by the Economic Community of West African States (ECOWAS) Court of Justice remain unenforced by member countries, as revealed by documents obtained by the Punch.

According to records from the court’s registry, as of January 31, 2024, Nigeria holds the top spot with 43 outstanding judgments yet to be enforced. Following closely are the Republic of Togo with 23 and Guinea with 14.

Other notable figures include Mali with 11, the Republic of Niger with nine, Senegal with eight, and Sierra Leone with seven. Cote D’Ivoire stands at six unenforced judgments.

The Gambia, Benin Republic, Liberia, and Burkina Faso each have four pending judgments, while Ghana has three. Cabo Verde and Guinea Bissau have one judgment each awaiting enforcement.

Furthermore, the ECOWAS Commission itself has five judgments yet to be implemented, including notable cases such as Petrostar Nigeria vs Blackberry Nigeria Ltd and EBID vs Cross River State.

Out of the total judgments issued, only 34 have been enforced as of January 31, 2024. Nigeria leads in this aspect as well, with eight judgments successfully implemented, including significant cases involving the Registered Trustees of Socio-Economic and Accountability Project (SERAP).

One notable case, marked ECW/CCJ/APP/10/10, involved SERAP suing the Nigerian government over the shooting of peaceful protesters in Bundu Ama, Port Harcourt, in 2009. The court ruled in favor of SERAP, awarding a total of N11 million in damages.

The enforcement of judgments within member states remains a significant challenge for the ECOWAS Court of Justice. Lateef Fagbemi (SAN), the Attorney General of the Federation and Minister of Justice, has urged the court to consider the practicality of its orders and judgments, acknowledging the unique circumstances of each member country.

However, Femi Falana (SAN), a prominent human rights lawyer and former President of the West African Bar Association, disagreed with Fagbemi, attributing the disobedience of court orders to a broader disregard for the rule of law across African states.

In response to the widespread disobedience, the President of the ECOWAS Judicial Council, Justice Olukayode Ariwoola, announced the inauguration of two committees tasked with probing member states’ non-compliance with court judgments.