Nigeria has executed only 10 cases out of the 66 cases decided by the ECOWAS Court since its inception in 2001.
President of the Court, Ricardo Cláudio Monteiro Gonçalves, disclosed this during the opening ceremony of the bilateral meeting between the ECOWAS Court and the Competent National Authority (CNA) and other stakeholders in Nigeria on the status of enforcement of the Court's judgments on Tuesday.
According to him, since the establishment of the Court, 128 cases have been instituted against the Federal Republic of Nigeria, 66 cases have been closed, 10 cases have been executed, while 52 cases remain pending execution.
Gonçalves said the enforcement of its decisions is not a favour to the Court but a commitment to the citizens of the region and to the Community project itself.
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While expressing dismay over the low rate of enforcement of the Court's decisions by Nigeria, he argued that Nigeria possesses sufficient institutional capacity, democratic maturity, and regional influence to assume an exemplary role in the enforcement of the Court's decisions.
"Regional leadership is not demonstrated solely in economic or political terms, but also through fidelity to freely undertaken legal obligations.
"If the Federal Republic of Nigeria leads by example, it will strengthen the authority of the Court, send a clear message of commitment to the regional rule of law, encourage other States to follow the same path, and consolidate its position as a normative reference in West Africa," Gonçalves said.
The ECOWAS Court President, who cited some legal instruments, said the judgments of the Court of Justice are binding on Member States, Community institutions, and on natural and legal persons, adding that the decisions of the Court are final and have immediate enforceable effect.
He noted that States are required to designate the competent national authority responsible for enforcement.
He disclosed that the Court had adopted some initiatives, including the establishment of a specific Enforcement Division within the Registry, headed by a Registrar, as well as regular dialogue with designated National Competent Authorities, among others.
ECOWAS too weak to enforce judgments - Nigeria
In a keynote address at the event, Lateef O. Fagbemi, SAN, the Attorney General of the Federation and Nigeria's Minister of Justice, said the absence of an appellate process in the ECOWAS Court of Justice has a significant impact on how its judgments are perceived and accepted by member states and other stakeholders.
"Because ECOWAS Court judgments are final with no second-tier review, they are susceptible to being viewed as too rigid, especially when they are considered flawed or excessive, or where rulings touch on sensitive political or constitutional issues, or where huge or "excessive" costs are awarded.
"Generally, in litigation or ADR processes, an aggrieved party often prefer systems where judgments or awards can be subject to some form of review.
"The absence of appeal mechanisms can erode trust, as states feel trapped by decisions they cannot contest.
"By contrast, the European Court of Human Rights has a supervisory mechanism through the Committee of Ministers, the Court of Justice of the European Union has structured appeal and review processes, the Inter-American Court of Human Rights has Follow-up procedures, periodic reporting, and compliance hearings, etc.
"ECOWAS Court's lack of appellate review and follow-up mechanisms stands out as a weakness, making its judgments less acceptable compared to courts with layered supervisory oversight.
Fagbemi also said the general institutional weakness of ECOWAS as a regional body itself had robbed off on the respect accorded to the judgments of its Court of Justice.
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He explained that the weakness of ECOWAS as an institution directly translates into the weakness of its judicial arm.
Fagbemi posited that strengthening ECOWAS as a whole is thus inseparable from strengthening the enforcement of its Court's judgments.
"If the organisation itself is seen as lacking the power to enforce its collective decisions, then the Court's judgments risk being treated as advisory rather than binding," he added.
"ECOWAS often struggles to enforce its broader economic and security decisions. This lack of political clout spills over into the judicial sphere," he said, adding that, "Because ECOWAS lacks strong supranational enforcement tools, it relies heavily on voluntary compliance.
"When states see that ECOWAS cannot compel adherence in other areas (trade, security, governance), they mirror that attitude toward the Court's judgments."
He said that despite these challenges, opportunities abound through strengthening collaboration between national judiciaries and the ECOWAS Court to create a seamless enforcement mechanism.
