The persistent refusal of Nigeria and other member states to comply with rulings of the ECOWAS Court of Justice poses a serious threat to the court’s authority and relevance. This situation has significant implications for justice and governance within the region, as highlighted by both legal experts and advocacy groups.
On October 23, 2023, the ECOWAS Court delivered a ruling concerning the provisions of Nigeria's Broadcasting Code. This case, filed by the Incorporated Trustees of Human Rights Initiative, argued against sections of the code for violating the principle of freedom of expression. The court deemed these provisions vague and capable of curtailing rights safeguarded under the African Charter on Human and Peoples' Rights, ordering the Nigerian government to amend the code accordingly.
A six-month deadline was set for compliance, yet over a year later, there remains no evidence of action from the Nigerian government. Solomon Okedara, counsel for the applicant, revealed no progress has been made, stating, “ECOWAS Court... issued an implementation order directing the Nigerian government to submit to the court... Sadly, the Nigerian government failed to submit the said report.”
Despite previous ECOWAS rulings, including one from July 9, 2021, ordering Nigeria to compensate journalist Agba Jalingo, these judgments remain unheeded. The court had condemned the Nigerian government for flagrantly disregarding international human rights treaties, thereby challenging the foundational principles of justice.
The case highlighted how Jalingo was subjected to severe abuses during his detention, with the court awarding him N30 million for damages, yet the compensation has not been implemented. The neglect of such significant rulings raises alarm about the commitment to uphold human rights within Nigeria and across the ECOWAS region.
Kamarudeen Ogundele, Special Adviser to the President on Communication and Publicity, did not respond to inquiries about this non-compliance, which is not isolated but indicative of Nigeria's troubling trend against the rulings of the ECOWAS Court.
Founded under the ECOWAS Revised Treaty of 1991, the ECOWAS Community Court of Justice serves as the judicial authority for all member states, aiming to uphold the law and protect fundamental rights. It continues to operate with five independent judges tasked with ensuring justice and accountability across borders.
Yet, according to documents obtained, over 154 judgments have gone unenforced across member states, with Nigeria accounting for 44. Such widespread non-compliance raises serious questions about the court's relevance and operational authority. This disregard undermines its efforts, which are built on foundational principles of justice cooperation.
The ECOWAS Court has expressed grave concern over persistent non-compliance over the years. Justice Micah Wright, then Vice President of the Court, lamented, “The court does not have a police force and cannot implement its own judgments. It relies entirely on the goodwill of member states.” This is reflective of the broader issue concerning regional governance and the willingness of states to adhere to international law.
The lack of enforcement and the fragile commitment to legal rulings might lead to damaging repercussions. Experts, including Kolawole Oluwadare from SERAP, assert the legitimacy of ECOWAS's mandates. He stated, “It is incorrect to say the ECOWAS court judgments and orders are unenforceable…” stressing the obligations member states have under international law to comply with judicial decisions.
Adegoke Rasheed, another senior lawyer, stressed the lawlessness of disobeying court orders, highlighting the issue of Nigeria's long history of ignoring both domestic and international court judgments. He noted, “Refusing to obey the order... shows how lawless the countries are…” which directly impacts the nation's governance integrity.
Femi Falana, renowned Human Rights Lawyer, linked the state of military coups to the lack of respect for judicial orders, stating, “The hostile disposition of African states to courts is... the rule of rulers.” This assertion highlights the political environment surrounding judicial compliance and the challenges of upholding human rights within West Africa.
The inability of the ECOWAS Court to exert influence over national governments raises concerns about the efficacy of its governance structure. Several past cases, including interventions made during political crises, showcase the historical significance of the court. These responses remain under scrutiny as the region faces new challenges, such as the recent military coups across the Sahel and rising terrorism threats.
To bolster the efficacy of the ECOWAS Court, experts recommend establishing stronger enforcement mechanisms, akin to those of the European Court of Human Rights. Solomon Okedara suggested establishing penalties for non-compliance and reinforcing legal frameworks to compel member states to respect rulings.
ECOWAS must revisit its military strategies to safeguard democracy and stability within member states. Failure to do so risks allowing the violation of human rights to run rampant and the possibility of increasing conflicts across borders. Given the urgency of these concerns, the ECOWAS Court’s future relevance hinges on the political will of its leaders and their commitment to honoring judicial mandates.
