Femi Falana Slams Nigeria and West African States for Ignoring ECOWAS Court Judgments: A Blow to Rule of Law in the Region
Human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has delivered a strong rebuke to Nigeria and other West African nations for their persistent failure to comply with rulings from the ECOWAS Community Court of Justice. Falana describes this widespread non-compliance as a serious violation of the rule of law across the West African region — a troubling trend that undermines justice, governance, and democratic stability.
Falana’s critical remarks come just days after President Bola Tinubu gave a glowing endorsement of the Economic Community of West African States (ECOWAS) at the organisation’s 50th-anniversary celebrations held in Lagos. In his speech, Tinubu praised ECOWAS for its role in “promoting democratic principles, strengthening institutions, and fostering governance centred on accountability and the rule of law.”
However, Femi Falana’s response sharply contrasts with this optimistic view. In a public statement issued on Sunday, June 1, Falana pointed out the glaring contradictions between President Tinubu’s praise and the actual realities on the ground. According to Falana, “With respect, the ECOWAS leaders have failed to uphold democratic norms and rule of law. Hence, the region has continued to witness unconstitutional change of government.”
This statement encapsulates the deep frustration many legal experts and human rights advocates share about the recurring political instability and disrespect for judicial authority within West Africa.
Nigeria Leads in Unenforced ECOWAS Court Judgments — What the Data Says
Falana backs up his claims with official data from the ECOWAS Community Court of Justice as of December 2024. The statistics reveal a disturbing trend:
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Nigeria tops the list with 44 unenforced judgments.
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Togo follows with 27 outstanding rulings.
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Guinea has 15 unimplemented decisions.
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Mali holds 10 unenforced judgments.
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Sierra Leone has 9 pending rulings.
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Other member states also have varying numbers of unenforced decisions.
This data highlights a regional problem where the decisions of the ECOWAS court — intended to uphold justice, protect human rights, and resolve disputes — are largely ignored by the very states that are supposed to implement them.
Falana accuses these countries of treating the court’s rulings with “disdain” and notes that this occurs “without any legal and political justification whatsoever.” Such disrespect for judicial authority threatens to erode the credibility of ECOWAS as a regional body and undermines the rule of law across West Africa.
Ironies and Contradictions: Former Leaders Disregard Then Seek ECOWAS Court Protection
Falana further highlighted a striking irony within this situation. He pointed out that some former West African leaders, who during their time in power blatantly disregarded the ECOWAS court’s rulings, later sought the court’s protection after leaving office. This hypocrisy exposes a double standard in respect for legal processes among political elites.
He named several notable former presidents who fit this pattern:
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Charles Taylor of Liberia
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Laurent Gbagbo of Côte d’Ivoire
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Boni Yayi of Benin
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Mamadou Tanja of Niger
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Blaise Compaoré of Burkina Faso
These leaders, once defiant of the court’s authority, eventually turned to the ECOWAS court seeking justice and legal protection, demonstrating how critical the court remains as a last resort for safeguarding rights—even for those who previously disregarded it.
Case Spotlight: Mrs Doe’s Victory at the ECOWAS Court
To further illustrate the court’s importance, Falana referenced the case of Mrs Doe, widow of the late Liberian leader Samuel Doe. Mrs Doe successfully obtained a judgment from the ECOWAS court, which reinforced the court’s vital role in delivering justice and human rights protection within the region.
This case exemplifies how the court can provide recourse to individuals who have been wronged, emphasizing why states must respect and enforce its rulings to uphold justice and human dignity.
Article 24 of the ECOWAS Court Protocol: The Legal Mandate for Enforcement
Falana drew attention to Article 24 of the ECOWAS Community Court of Justice protocol, which legally mandates every member state to designate a national authority responsible for ensuring the enforcement of the court’s judgments.
In Nigeria’s case, the attorney-general and minister of justice were appointed to this role in 2014, with a clear mandate to implement court rulings. Yet, despite this formal arrangement, Nigeria remains the leading country with the highest number of unenforced judgments, revealing a serious disconnect between law and practice.
A Call to Action for President Tinubu as ECOWAS Chair
Expressing deep disappointment, Falana described Nigeria’s continued disregard for ECOWAS court rulings as “the height of embarrassment.” This is especially significant given that President Bola Tinubu currently chairs the ECOWAS Authority of Heads of State and Government, the organisation’s highest decision-making body.
As chair, Tinubu has a critical responsibility to lead by example in strengthening governance and rule of law across the region. Falana urged President Tinubu to take immediate and decisive action by instructing Nigeria’s Attorney-General, Lateef Fagbemi, to ensure full compliance with the court’s judgments without any further delay.
He emphasized that Nigeria’s failure to enforce these rulings damages not only its reputation but also the credibility and effectiveness of ECOWAS itself. This must be addressed to restore confidence in the regional justice system and promote democratic governance across West Africa.
Why Compliance with ECOWAS Court Judgments Matters
The issue of compliance with ECOWAS court judgments is not just a legal technicality. It strikes at the heart of:
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Democratic stability: Ignoring court rulings encourages unconstitutional changes in government and political instability.
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Human rights protection: The court safeguards the rights of individuals against abuses by states and leaders.
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Regional integration: Respect for judicial decisions is essential for ECOWAS’s goal of economic and political integration.
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Rule of law: Compliance demonstrates respect for legal institutions and strengthens good governance.
Falana’s critique underscores that without serious efforts to enforce ECOWAS court judgments, the region risks further erosion of democratic values and legal accountability.
Conclusion: A Wake-Up Call for West Africa’s Leaders
Senior Advocate of Nigeria Femi Falana’s stern criticism sends a powerful message to West African governments, especially Nigeria, to stop sidelining the ECOWAS Community Court of Justice. His call is clear: respect the rule of law, enforce court judgments, and uphold democratic principles.
For Nigeria and its neighbours to truly benefit from ECOWAS’s promise of peace, justice, and integration, the region’s leaders must end the culture of non-compliance and demonstrate genuine commitment to the court’s authority.
As President Bola Tinubu chairs ECOWAS into its next chapter, the challenge is clear—lead West Africa toward greater respect for justice and the rule of law by ensuring Nigeria, and other member states, honor the binding decisions of the ECOWAS Community Court of Justice.
