ECOWAS Court of Justice Under Pressure to Reform Amid Calls for Increased Access and Enforcement

Despite its reputation for making bold human rights judgments, the ECOWAS Court of Justice is facing growing pressure to reform due to the persistent challenge of poor compliance by member states. The court, which started operations in 2001, continues to struggle with ensuring access to justice and enforcing its judgments. Observers say these hurdles threaten to weaken the court's credibility and the confidence of citizens who look to it as a last hope for regional justice.

Key Takeaways:

• The ECOWAS Court of Justice has been in operation since 2001, but still faces challenges in ensuring access to justice and enforcing its judgments.
• Poor compliance by member states is a major obstacle, with only about 30 percent of the court's decisions having been enforced so far.
• The court has standing rules that permit citizens and NGOs to bypass national courts and file suits directly, but this has not solved the problem of limited access to justice.
• The absence of supranational enforcement mechanisms and the reliance on voluntary compliance by member states continue to weaken the court's effectiveness.
• There is a lack of political will among some member states to prioritize and enforce the court's judgments.
• The failure to domesticate the court's protocols into national laws and to appoint Competent National Authorities for processing judgments further complicates matters.
• Funding is another major concern, with inadequate financing and logistical support limiting the court's ability to guarantee unfettered access to justice and function effectively.
• The court has earned regional recognition for its groundbreaking human rights rulings, but without enforcement, their impact remains limited.
• The court has recently held a dialogue to address the challenges, with calls for reform and expansion of its mandate to include criminal jurisdiction.
• Experts say that addressing the twin challenges of access and enforcement will require sustained institutional reforms, political courage, and a renewed sense of ownership from member states.
• Strategies to achieve this include better funding, outreach programmes, media advocacy, technological innovation, peer review mechanisms, and the creation of an appellate division.

Statistics:

• Only about 30 percent of the ECOWAS Court of Justice's decisions have been enforced so far.
• The court has been in operation for over 20 years, but still struggles with ensuring access to justice and enforcing its judgments.
• The court has made groundbreaking human rights rulings, including against The Gambia, the Republic of Niger, and Nigeria.
• The court has not updated its protocols into national laws, with some member states failing to appoint Competent National Authorities for processing judgments.
• The ECOWAS Commission has pledged continued support to the court, but further funding is needed to strengthen its operations.
• The ECOWAS Court has a long way to go to achieve its goal of providing unfettered access to justice for citizens across the region.

Sources:

• "ECOWAS Court and International Law: Expanding Access and Navigating Contemporary Challenges" (2025/2026 Legal Year celebration theme)
• Professor Friday Nwoke's speech at the ECOWAS Court's 2025/2026 Legal Year celebration
• ECOWAS Court President Justice Ricardo Gonaalves' speech at the ECOWAS Court's 2025/2026 Legal Year celebration
• Dr Omar Touray's speech at the ECOWAS Court's 2025/2026 Legal Year celebration
• Memounatou Ibrahima's speech at the ECOWAS Court's 2025/2026 Legal Year celebration
• Justice Komba Kamanda's speech at the ECOWAS Court's 2025/2026 Legal Year celebration
• Nigeria's Attorney-General and Minister of Justice Lateef Fagbemi's speech at the ECOWAS Court's 2025/2026 Legal Year celebration
• Cape Verde's President Jose Neves' speech at the ECOWAS Court's 2025/2026 Legal Year celebration
• NANFeatures (Source of the article)