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 Year for the ECOWAS Court, Fagbemi stated that although the finality of rulings is significant, the inability to revisit decisions brings up concerns regarding fairness and equitable access to justice.
He stated that the lack of an independent appeals procedure reduces chances to rectify legal or procedural mistakes.
He stated, "It is worrying that there is currently insufficient space for appealing the decisions made by the ECOWAS Court. Although finality is significant, justice should also appear to be fair and open to review. The lack of an independent appellate system restricts access to justice, particularly in situations where legal or procedural mistakes might have taken place."
As the court's influence grows, we must also guarantee that its rulings are held to the same levels of scrutiny and responsibility that support strong judicial frameworks.
The AGF called on the ECOWAS 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, as he stated, provide excellent examples of transparency, judicial independence, and procedural advancement.
He stated, "As we deal with these issues, it is crucial for member countries to work towards more consistency in legal standards, mutual recognition in enforcement, and evaluation of judicial performance by peers. The ECOWAS legal area should not be a collection of different systems, but a unified structure that ensures 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 balance sovereignty against supranational authority, the ECOWAS Court can enhance its own procedures and bolster its credibility.
He emphasized 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.”
As the Attorney General of the Federation, I commit to pushing forward with legal changes that bring our local laws in line with regional responsibilities, while making sure these choices uphold our constitutional framework and national priorities.
Additionally, the President of Cape Verde, José Neves, stated that community justice continues to be essential for Africa's reputation on the world stage.
He emphasized that enhancing institutions like the ECOWAS Court was crucial for promoting peace, democracy, and unity across the continent.
"Within 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 maintain and improve," Neves stated.
He pointed out that the ability of individual citizens to access the ECOWAS Court represented one of the major achievements of regional integration, as it makes justice more accessible to the population.
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 emphasized fundamental principles like the enforceability of socio-economic rights and the priority 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 distinctive manner, grants individuals direct access when claiming violations of human rights.
Provided by SyndiGate Media Inc.Syndigate.info).
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