Nigeria leading ECOWAS court judgement violations, says Falana

Femi Falana, a Senior Advocate of Nigeria (SAN), has criticised the Nigerian government for allegedly failing to comply with decisions of the ECOWAS Community Court of Justice.

Falana made the remarks in response to President Bola Tinubu’s statement at the 50th-anniversary celebration of ECOWAS in Lagos. During the event, Tinubu praised the regional bloc’s efforts in promoting democratic principles, electoral oversight, and institutional strengthening, including the ECOWAS parliament and court of justice.

Contradicting the president’s position, Falana said the actions of ECOWAS leaders have not reflected those ideals. He said the leaders continue to disregard the court’s rulings, thereby undermining democratic norms and the rule of law.

Quoting official court records as of December 2024, Falana revealed that Nigeria had the highest number of unenforced ECOWAS court judgments, totalling 44. Other countries on the list include Togo with 27, Guinea (15), Mali (10), Sierra Leone (9), and several others.

Falana highlighted the irony that some former African leaders, who ignored the court while in office, later turned to it for human rights protection after leaving power. These include Charles Taylor of Liberia, Laurent Gbagbo of Côte d’Ivoire, Boni Yayi of Benin, Mamadou Tanja of Niger, and Blaise Compaoré of Burkina Faso.

He also referenced a successful case brought by the widow of former Liberian leader Samuel Doe.

Citing Article 24 of the ECOWAS Court, Falana reminded that each member state is required to appoint a national authority to process the court’s rulings. He noted that Nigeria designated the attorney-general for this role in 2014.

Describing Nigeria’s position at the top of the defaulting countries list as “the height of embarrassment”, Falana called on President Tinubu—who currently chairs the ECOWAS Authority of Heads of State and Government—to direct Attorney-General Lateef Fagbemi to ensure immediate compliance with the court’s judgments.

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