The ECOWAS Court of Justice has marked 25 years of providing a regional forum for citizens to challenge governments and seek redress for rights violations. Despite its achievements, the court faces a significant challenge in ensuring that its judgments are complied with by member states. According to figures presented at the court's 2026 International Conference in Dakar, Senegal, only about 18 to 22 per cent of the court's enforceable judgments are reportedly being implemented across ECOWAS member states.
The ECOWAS Court's 2026 International Conference, which ended in Dakar, Senegal, on September 25, adopted recommendations aimed at strengthening compliance with its judgments. One of the key recommendations is the establishment of an Appeal Division, which would provide an opportunity to correct judicial errors, strengthen consistency in jurisprudence, and give litigants another level of review. The proposed appellate chamber represents an important stage in the court's institutional evolution.
The issue of compliance with ECOWAS Court judgments is particularly pertinent for Nigeria, which has a significant number of cases before the court. Earlier this year, the President of the ECOWAS Court, Justice Ricardo Gonçalves, disclosed that 128 cases involving Nigeria had been registered before the court, with 66 concluded but only 10 judgments executed, while 52 remained pending execution. Nigeria's compliance record is a concern, given its pivotal role in establishing ECOWAS and its influential position within the community.
The ECOWAS Court's judgments often involve citizens with considerably less power than the governments they sue, including people alleging unlawful detention, violations of freedom of expression, torture, discrimination, and other abuses of fundamental rights. For such people, litigation is not an academic exercise, and a judgment awarding compensation or declaring a government has violated their rights provides little solace if the remedy ordered by the court is ignored. Enforcement is not merely a technical problem for lawyers; it is the point at which law becomes reality.
The Dakar conference recommended stronger diplomatic engagement with defaulting states, annual reporting on compliance, a regional monitoring mechanism, possible monetary penalties, and clearer consequences for persistent non-compliance. These proposals deserve serious consideration, as do the recommendations for an Appeal Division. Governments and citizens appearing before a supranational court are entitled to confidence that decisions can be reviewed where legitimate grounds exist.
There is also a responsibility on national governments to create effective domestic machinery for enforcing regional judgments. ECOWAS Court decisions do not execute themselves, and member states must establish procedures through which judgments can move from courtroom pronouncements to practical remedies. The problem is ultimately political as much as it is legal, and governments are usually enthusiastic about regional courts until they lose before them.
Nigeria has an additional responsibility to set standards by improving its compliance record, which would strengthen its moral authority to demand the same from other member states. The ECOWAS Court itself must continue earning respect through independence, sound reasoning, procedural fairness, and institutional transparency. The conversation in Dakar must not end in Dakar, and the ECOWAS Court has spent 25 years developing regional jurisprudence and providing West Africans with an important avenue for seeking justice beyond national boundaries.
Key points
- The ECOWAS Court seeks to strengthen compliance with its judgments through recommendations adopted at its 2026 International Conference.
- Only about 18 to 22 per cent of the court's enforceable judgments are reportedly being implemented across ECOWAS member states.
- Nigeria has a significant number of cases before the ECOWAS Court, with 128 cases registered, 66 concluded, but only 10 judgments executed.
