The Dean of the University of Professional Studies, Accra (UPSA) Law School, Prof Ernest Kofi Abotsi, has called on the ECOWAS Court of Justice to establish clearer and more predictable boundaries for exercising its jurisdiction. This, he believes, will strengthen public confidence in the regional judicial institution. Prof Abotsi made the remarks at the 2026 ECOWAS Court of Justice International Conference in Dakar, Senegal.
Prof Abotsi emphasized that clearly defined jurisdictional principles would help address concerns over national sovereignty, reduce resistance to the Court’s decisions, and reinforce its legitimacy. He suggested that the ECOWAS Court could draw lessons from the European Court of Justice (ECJ), particularly its use of predetermined rules of jurisdictional self-restraint. This approach has helped the ECJ to determine complex cases through established doctrines.
The ECOWAS Court was established under Articles 6 and 15 of the 1993 Revised ECOWAS Treaty as the principal judicial organ of the Community. Its mandate has evolved to include human rights litigation involving individuals and other non-state actors. Prof Abotsi noted that the Court needs a model of justice that fulfils its legal mandate while being understood and accepted by governments, citizens, lawyers, and other stakeholders.
Prof Abotsi cited the ECOWAS Court’s handling of a case concerning constitutional reforms in Togo as an example of the difficulties transnational courts face when dealing with politically sensitive constitutional disputes. The Court ruled in January 2026 that aspects of Togo’s 2024 constitutional reform amounted to an unconstitutional change of government. He argued that clearer interpretive models could help determine which matters should remain within national discretion and which should properly be adjudicated by the ECOWAS Court.
Prof Abotsi stressed that his proposal was not a call for the Court to exclude complaints brought by individuals or states. Rather, he said, the Court should delineate its jurisdiction in a way that preserves access to regional justice while recognising legitimate areas of national decision-making. This approach, he believes, will build the confidence and trust of its patrons.
The 2026 conference is examining the Court’s jurisprudence and enforcement of judgments, alongside issues including artificial intelligence and data protection, arbitration and alternative dispute resolution, a proposed appellate chamber, environmental justice, and refugee protection and forced displacement. ECOWAS Commission President General Birame Diop has also identified the gap between the Court’s authority and the execution of its decisions as a serious test of its credibility.
Prof Abotsi further urged the Court to consider how its decisions are perceived and received while maintaining principled judicial reasoning. He acknowledged that decisions must be driven by principle but argued that the Court could not completely disregard their potential impact. Strengthening the Court does not necessarily mean expanding its international jurisdiction.
Key points
- Prof Abotsi calls for clearer jurisdictional boundaries for the ECOWAS Court
- The ECOWAS Court faces challenges in enforcing its decisions
- Prof Abotsi suggests drawing lessons from the European Court of Justice
