The Federal Attorney General and Minister of Justice, Lateef Fagbemi (SAN), on Thursday raised worries about the lack of an appeals process within the ECOWAS Court of Justice.
Speaking in Abuja during the launch of the 2025/2026 legal term at the Court, Fagbemi stated that although the conclusion of rulings is significant, the inability to revisit decisions leads to concerns regarding equity and availability of justice.
He stated that the lack of an independent appeals process reduces chances to address mistakes in law or procedure.
He stated, "It is worrying that there is currently insufficient space for appealing the rulings of the ECOWAS Court. Although finality is essential, justice should also appear to be fair and open to reconsideration. The lack of an independent appellate process hinders access to justice, particularly in situations where legal or procedural mistakes might have taken place. As we increase the Court’s influence, we must also guarantee that its decisions are held to the same levels of review and responsibility that support strong judicial systems."
The minister called on the Court to learn from other regional judicial bodies, including the European Court of Human Rights, the East African Court of Justice, and the Inter-American Court of Human Rights, which, in his view, provide excellent examples of transparency, judicial independence, and procedural advancement.
He stated, "As we deal with these issues, it is crucial for member states to seek more consistency in legal standards, mutual recognition in enforcement, and evaluation of judicial performance by peers. The ECOWAS legal area should not consist of varied systems, but a unified structure that fosters certainty, justice, and mutual respect."
In this context, I strongly recommend that the ECOWAS Court implement best practices from other regional courts and tribunals—such as the European Court of Human Rights, the East African Court of Justice, and the Inter-American Court of Human Rights. These bodies provide important insights into transparency, procedural advancements, judicial autonomy, and community involvement.
Everyone here will concur that comparative learning is not about copying—it's about progression. By examining how other regional courts handle appellate review, enforce rulings, interact with civil society, and reconcile sovereignty with supranational authority, the ECOWAS Court can enhance its own procedures and boost its credibility.
He reasserted Nigeria's backing for the ECOWAS Court as the host nation, calling it essential for regional integration, enforcement of human rights, and stability.
Fagbemi stated, “Nigeria continues to strongly back the ECOWAS Court of Justice. As the host country, we acknowledge the Court's crucial role in fostering regional stability, economic integration, and human rights. We are dedicated to collaborating with member states to improve the Court’s efficiency, autonomy, and availability. In my role as Attorney General of the Federation, I promise to keep pushing for legal changes that bring national laws into line with regional responsibilities—while also making sure these decisions respect our constitutional framework and national interests.”
Additionally, the President of Cape Verde, José Neves, mentioned that community justice continues to be crucial for Africa's reputation in international matters. He emphasized that reinforcing institutions like the ECOWAS Court is important for peace, democracy, and unity across the continent.
"In a continent still affected by border conflicts and ongoing tensions, the presence of an independent and esteemed community tribunal represents a significant achievement in civilization that we need to protect and improve," Neves stated.
He pointed out that the ability of individual citizens to access the Court was among the most important achievements of regional integration, as it makes justice more accessible to the public.
Neves also advocated for changes within African sub-regional organizations to enhance their ability to tackle modern issues like instability, weak institutions, migration, and environmental change.
In his speech, Justice Ricardo Goncalves, the President of the ECOWAS Court, mentioned that the Court dealt with 34 new cases over the last year, covering issues related to civil and political rights, economic liberties, and conflicts among member nations.
He revealed that the Court conducted 79 judicial sessions and issued 54 decisions, several of which reinforced fundamental principles like the justiciability of socio-economic rights and the superiority of community law compared to contradictory national laws. As per his statement, 112 cases are currently under consideration by the Court.
The PUNCH states that the ECOWAS Court of Justice, founded in 1991, functions as the judicial body for the Economic Community of West African States.
It resolves conflicts among member states, community institutions, and, in a unique manner, grants individuals direct access when claiming violations of human rights.
Provided by SyndiGate Media Inc. (Syndigate.info).
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