Nigeria’s Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi (SAN), has urged the ECOWAS Judicial Council to conduct a reform-oriented review of the ECOWAS Court of Justice’s practices and procedures to prevent conflicts with national courts,leadership reports.
Fagbemi emphasized that this review would help the court realize its potential as a respected regional judicial body. Speaking at the opening ceremony of the Statutory Meeting of the ECOWAS Judicial Council in Abuja, he also called for the Council to establish a credible network to promote uniform rules of practice and procedure in justice administration, thereby reducing legal conflicts in the region.
Fagbemi highlighted the ECOWAS Judicial Council’s critical role in promoting the rule of law and democratic governance, especially as these have faced significant pressure recently. He noted that as ECOWAS strives for uniform economic policies and institutions, the judiciary should not be overlooked.
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He pointed out that the challenges facing the judiciary across West African states are similar, including issues of judicial autonomy, funding, and infrastructure. Similarly, he mentioned shared regional challenges such as economic concerns, migration, integration, insecurity, and the enforcement of fundamental rights.
The AGF encouraged the ECOWAS Judicial Council to use the regional platform for peer review and idea exchange to address these issues, aiming for greater judicial independence and a more prosperous, secure sub-region.
Earlier, the Chairman of the Council and Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola, affirmed the ECOWAS judicial body’s commitment to ensuring a just and equitable society. He urged member states to safeguard justice principles, uphold the rule of law, and promote peace and prosperity. Ariwoola called on Council members to reflect on the progress and challenges facing the Court and the opportunities ahead. He emphasized the importance of protecting human rights, promoting regional integration, and resolving disputes peacefully.
Ariwoola encouraged participants to contribute meaningfully to the deliberations over the next two days and to develop concrete recommendations for the Authority of Heads of State and Government to enhance regional justice delivery through the ECOWAS Court.
The President of the Community Court of Justice, Edward Amoako Asante, reiterated the Council’s commitment to justice, equity, and the rule of law within the ECOWAS Community. He highlighted the ECOWAS Court of Justice’s role in providing a platform for dispute resolution and the protection of fundamental rights since its inception.
Asante mentioned that during the last Judicial Council meeting in Abuja in February 2024, two important committees were established with clear terms of reference to report their recommendations to the plenary. One committee focused on enhancing the enforcement of the court’s decisions, while the other reviewed the Council’s Rules of Procedure to improve its operations.
He noted that the Court deployed three senior staff members to assist the Council’s Secretariat in facilitating the committees’ proceedings. Asante commended the Council’s efforts to ensure the effective implementation of the Court’s decisions. He clarified that the ECOWAS Court’s current framework, which allows citizens to access the Court without exhausting local remedies, does not imply that the Court has appellate jurisdiction over, or competes with, national courts.
Asante explained that parties have a choice between accessing the ECOWAS Court or national courts, and if both are accessed simultaneously, the ECOWAS Court will defer to the national court to handle the matter first.
