The Dean of the University of Professional Studies, Accra (UPSA) Law School, Prof Ernest Kofi Abotsi, has advocated for reforms to the ECOWAS Court of Justice to make it more accessible and responsive to the everyday rights concerns of West African citizens. Speaking at the 2026 ECOWAS Court of Justice International Conference in Dakar, Senegal, Prof Abotsi emphasized the need for the Court to move beyond its traditional judicial role and connect with people affected by cross-border trade, migration, technology, environmental challenges, and regional economic integration.
Prof Abotsi noted that the Court remains distant from many ordinary West Africans and should explore new ways to make regional justice more visible, understandable, and accessible. He identified traders, journalists, students, farmers, and entrepreneurs as groups that could require regional judicial protection in their dealings with state institutions. To achieve this, Prof Abotsi proposed that the Court consider elements of the Indian Supreme Court's epistolary jurisdiction and introduce appropriate screening mechanisms to prevent frivolous claims.
The ECOWAS Court of Justice is at a critical point in its development as West Africa grapples with challenges to democracy, human rights, and regional integration. The five-day conference, which runs from September 21 to 25, is being held under the theme, "ECOWAS Court of Justice at the Crossroads: Justice, Innovation, Human Rights Protection and the Future of Regional Integration in West Africa." Prof Abotsi's call for reforms is timely, as the Court seeks to address emerging rights challenges and enhance its relevance to citizens.
Prof Abotsi stressed that the Court must anticipate a new generation of rights challenges emerging from technological and environmental change, including digital surveillance, cyber governance, climate displacement, and environmental degradation. He urged the Court to embrace technology to improve access, public engagement, and legal research, while ensuring that technological innovation remains human-centered. The Court has launched its Electronic Case Management System as part of its digital transformation agenda.
While advocating for greater accessibility and innovation, Prof Abotsi emphasized that the Court's relevance depends on whether its decisions are respected and implemented. He identified compliance with judgments as one of the Court's major challenges, alongside the withdrawal of some Sahelian countries from ECOWAS and funding constraints. Prof Abotsi warned that judgments that are not implemented risk becoming "moral declarations rather than effective legal remedies."
Prof Abotsi argued that the Court should be viewed as a central pillar of West Africa's integration project, rather than a separate legal institution. He linked effective regional justice to investment, development, peace, and democratic stability, particularly as West Africa pursues deeper cooperation in areas such as cross-border investment, migration, and regional economic governance. Strengthening the Court will require adequate funding, enhanced judicial capacity, and closer cooperation with national courts and civil society.
To ensure the Court's continued relevance, Prof Abotsi called for greater engagement with young people, governments, lawyers, universities, and civil society. He emphasized that a people that desire peace must invest in justice, and an integration project that desires prosperity must protect rights. The Court's strengthened mechanisms for monitoring compliance with its judgments will be crucial in this regard.
Key points
- Prof Abotsi proposes that the ECOWAS Court adopt elements of the Indian Supreme Court's epistolary jurisdiction to enhance accessibility.
- The Court must prioritize human-centered technological innovation to improve access and public engagement.
- Effective regional justice is crucial for West Africa's integration project, investment, development, peace, and democratic stability.
