Monday, June 2, 2025 - Human rights lawyer and Senior Advocate of Nigeria, Femi Falana, has criticised Nigeria and other West African nations for failing to comply with judgments of the ECOWAS Community Court of Justice, describing the situation as a significant disregard for the rule of law in the region.
Falana’s remarks follow a recent statement by President Bola
Tinubu during the 50th-anniversary celebration of the Economic Community of
West African States (ECOWAS) held in Lagos. Tinubu had lauded the regional body
for promoting democratic principles, strengthening institutions, and fostering
governance centred on accountability and the rule of law.
In a statement issued on Sunday, June 1, Falana said the
reality contradicts Tinubu’s claims, noting that ECOWAS leaders have
consistently undermined the authority of the court. “With respect, the ECOWAS
leaders have failed to uphold democratic norms and rule of law. Hence, the
region has continued to witness unconstitutional change of government,” he
stated.
Falana pointed to official data from the ECOWAS court as of
December 2024, which shows Nigeria with the highest number of unenforced
judgments at 44. Togo follows with 27, Guinea 15, Mali 10, Sierra Leone 9, and
several other countries with fewer outstanding judgments.
He argued that these member states, including Nigeria, have
treated the court’s decisions with “disdain” and “without any legal and
political justification whatsoever.” Falana noted the irony that some former
West African leaders who once disregarded the court’s rulings later turned to
the same court seeking protection for their rights after leaving office. He
cited examples such as Charles Taylor of Liberia, Laurent Gbagbo of Côte
d’Ivoire, Boni Yayi of Benin, Mamadou Tanja of Niger, and Blaise Compaoré of
Burkina Faso.
Falana also referenced the case of Mrs Doe, the widow of
former Liberian leader Samuel Doe, who secured a judgment from the ECOWAS
court, reinforcing the court’s role in providing justice.
He highlighted Article 24 of the ECOWAS court protocol,
which mandates each member state to designate a national authority to ensure
the enforcement of its rulings. Nigeria, he said, appointed the
attorney-general and minister of justice for this role in 2014.
Expressing dismay over Nigeria’s non-compliance, Falana
described it as “the height of embarrassment,” especially as President Tinubu
currently chairs the ECOWAS Authority of Heads of State and Government, the
body’s highest organ.
He called on Tinubu to act swiftly by directing the
Attorney-General, Lateef Fagbemi, to ensure Nigeria complies with the court’s
judgments without further delay.
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