Nigeria’s Attorney-General of the Federation and Minister of Justice, Lateef O. Fagbemi, has advocated sweeping institutional reforms to strengthen enforcement of judgments delivered by the ECOWAS Court of Justice, warning that weak compliance mechanisms threaten regional justice and integration.
Fagbemi made the call at a Special Forum marking the 50th anniversary of the Economic Community of West African States> (ECOWAS), where he acknowledged the Court’s progress since becoming operational in 2001 but cautioned that persistent enforcement challenges are undermining its authority.
He commended the Court for delivering landmark rulings on human rights, governance and media freedom, noting that it has established credibility as a regional judicial body. However, he stressed that the true measure of a court’s effectiveness lies not only in its pronouncements but in the willingness and institutional capacity of member states to comply.
The Attorney-General identified what he described as an “enforcement deficit” as one of the Court’s most pressing concerns, observing that it lacks direct enforcement powers and relies largely on the goodwill of member states.
He cited sovereignty concerns and political resistance, particularly in cases involving sensitive constitutional or governance issues. Some rulings, he noted, have drawn criticism for allegedly stretching jurisdiction or imposing obligations difficult to implement domestically.
“These criticisms, whether justified or not, underscore the urgent need for clarity in the Court’s role and stronger institutional support,” he said.
Fagbemi also pointed to the absence of an appellate mechanism, arguing that because the Court’s judgments are final, some states feel constrained by decisions they cannot challenge through a second-tier review process.
Drawing comparisons with the European Court of Human Rights and the Court of Justice of the European Union, he noted that structured supervisory and review frameworks in those systems enhance acceptance and compliance.
According to him, the ECOWAS Court’s lack of layered oversight and structured follow-up procedures makes its decisions more vulnerable to resistance, particularly in politically sensitive matters or cases involving substantial financial awards.
Beyond judicial design, Fagbemi linked enforcement challenges to broader institutional weaknesses within ECOWAS, including limited political authority, dependence on voluntary compliance and inconsistent enforcement across sectors such as trade and security.
“The weakness of ECOWAS as an institution directly translates into weakness of its judicial arm,” he stated, warning that treating regional decisions as advisory rather than binding risks eroding the supranational rule of law.
He proposed several reforms, including the establishment of a regional supervisory mechanism to monitor compliance, the introduction of an appellate or review process, structured compliance hearings with mandatory reporting, clearer enforcement protocols and cooperation arrangements similar to those adopted by other international courts.
Fagbemi emphasised that sustainable integration requires a robust justice architecture. “As we celebrate fifty years of ECOWAS, we must commit to a future where the rule of law is not merely an aspiration but a lived reality across West Africa,” he said.
Court President: Compliance Is a Legal Obligation
In his address, President of the ECOWAS Court, Ricardo Gonçalves, delivered a pointed but diplomatic message to Nigeria, stating that compliance with the Court’s judgments is a binding legal obligation under Community law.
“Compliance with the Court’s decisions is not a political option — it is a legal obligation,” he declared, describing the Court as “a pillar of the regional rule of law.”
He disclosed that since the Court’s establishment, 128 cases have been instituted against Nigeria. Of these, 66 have been closed, 10 executed, while 52 remain pending execution.
The figures, he said, were presented not as censure but as an “objective basis for joint and profound reflection.”
“If the Federal Republic of Nigeria leads by example, it will strengthen the authority of the Court and send a clear message of commitment to the regional rule of law,” he added.
Gonçalves acknowledged that non-compliance often stems from structural and institutional weaknesses rather than outright refusal. He cited the absence of national coordination mechanisms, budgetary and administrative constraints, weak integration of Community decisions into domestic legal systems, inter-branch coordination gaps and the political sensitivity of certain human rights cases.
He also referenced the limited use of ECOWAS’ sanctions regime, the Court’s lack of a formal enforcement mandate and delays in implementation updates as contributing factors.
“These causes should not be viewed as accusations, but as institutional realities requiring structured responses and strengthened cooperation,” he said.
He warned that failure to enforce judgments risks eroding the Court’s authority, weakening the Community legal system, diminishing public confidence in regional justice and damaging West Africa’s international standing.
“Without enforcement, the decisions of the ECOWAS Court become merely declaratory. Declaratory justice without practical effect does not fulfil its transformative function,” he cautioned.
The Court outlined measures already taken to improve compliance, including the creation of a dedicated Enforcement Division within its Registry, regular engagement with national authorities, compliance deadlines in judgments, follow-up implementation requests and reporting updates to the ECOWAS Council of Ministers and the Conference of Heads of State and Government.
However, the Court President conceded that these steps may not be sufficient and called for deeper cooperation with Nigeria and other member states to ensure that regional justice delivers tangible outcomes.
