The ECOWAS Court of Justice, long celebrated for its bold human rights’ rulings, is now under growing pressure to reform.
In spite of its landmark judgments, the court continues to struggle with one persistent challenge; poor compliance by member states.
Since it began operations in 2001, access to justice and enforcement of judgments have remained two of its toughest battles.
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.
Although the court has standing rules that permit citizens and non-governmental organisations (NGOs) to bypass national courts and file suits directly, the obstacles are far from over.
In recent years, the court has taken bold steps to address the issues inhibiting citizens’ access to justice and the enforcement of its rulings.
Yet, as analysts note, progress has been uneven.
For many observers, the lack of or inadequate access to justice stems largely from limited awareness among community citizens about the court and its role as a regional avenue for redress.
In addition, the absence of supranational enforcement mechanisms and the reliance on voluntary compliance by member states continue to weaken the court’s effectiveness.
There is also, quite often, a lack of political will among some member states to prioritise 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.
Article 24(3) of the Supplementary Protocol, for instance, requires every member state to appoint such national authorities for judgment execution.
Yet, many have yet to comply.
Without domestic legislation giving legal force to the court’s rulings, national courts are powerless to enforce them.
Consequently, citizens who win cases at the regional level are frequently denied justice at home.
Funding is another major concern.
Inadequate financing and logistical support continue to limit the court’s ability to guarantee unfettered access to justice and function effectively.
Taken together, these factors have led to a persistently low compliance rate, a situation that threatens not just the court’s credibility but also the broader goals of regional integration and rule of law.
As one observer aptly noted, “Community citizens who seek justice from the court deserve to see its decisions enforced in good faith and within a reasonable timeframe.”
In spite of these setbacks, the court has earned regional recognition for its groundbreaking human rights rulings.
Among its most celebrated decisions was the judgment against The Gambia over the torture of opposition journalists; a ruling that strengthened press freedom across the region.
In another historic case, the court found the Republic of Niger guilty of condoning modern forms of slavery.
Likewise, it ruled against Nigeria for failing to guarantee free basic education for all children.
These judgments underscored the court’s growing influence in advancing human rights.
However, without enforcement, their impact remains limited.
Seeking solutions, the court recently held a dialogue to mark its 2025/2026 Legal Year celebration, with the theme: “ECOWAS Court and International Law: Expanding Access and Navigating Contemporary Challenges”.
The event provided a platform for reflection; bringing together ECOWAS institutions, member states, national courts, bar associations, academics, civil society, and development partners.
Prof. Friday Nwoke, a former Vice President of the court, urged ECOWAS leaders to consider expanding the court’s mandate to include criminal jurisdiction in response to emerging threats.
“The issues of migration, terrorism and climate change cannot truly be addressed at the regional level unless the jurisdiction of the court is expanded,” he said.
Nwoke stressed that “one of the fundamental principles of access to justice is an enforceable remedy, so that persons who have gone through the process to obtain justice should be able to reap the fruits of their labour”.
Declaring the event open, ECOWAS Court President, Justice Ricardo Gonçalves, appealed to member states to recognise the court’s authority and cooperate in enforcing its judgments.
He revealed that only about 30 per cent of the court’s decisions had been enforced so far; a figure he described as “deeply worrying”.
“What credibility would a court have if its decisions were not enforced?” he asked.
“It is only on this condition that citizens and the general public will continue to believe in this court”.
Gonçalves reaffirmed the court’s commitment to enhancing access through technology; including electronic case management, digital filing, and remote hearings.
These innovations, he noted, are already reducing costs and breaking geographical barriers.
For Dr Omar Touray, President of the ECOWAS Commission, expanding access to justice within the sub-region remains a top priority.
“This must transcend borders, language barriers and socio-economic differences.
“The ECOWAS Court is an indispensable pillar in our regional integration architecture,” he said.
Touray pledged the commission’s continued support, revealing that discussions were ongoing to provide additional financial resources to strengthen the court’s operations.
Similarly, Hadjia Memounatou Ibrahima, Speaker of the ECOWAS Parliament, described the court as “a pacesetter in judgments that shape jurisprudence and protect human rights”.
Yet, she expressed dismay that only about 30 per cent of its rulings had been effectively enforced.
“Compliance is not a favour done to this court,” she declared. “It is the fulfilment of a dignified promise made to the people of West Africa”.
Justice Komba Kamanda, Chief Justice of Sierra Leone and Chairman of the ECOWAS Judicial Council, disclosed that discussions were underway on the possibility of establishing an ECOWAS Court of Appeal.
He also stressed the need to “take the court to the people” through targeted outreach programmes and awareness campaigns.
Nigeria’s Attorney-General and Minister of Justice, Lateef Fagbemi (SAN), joined the chorus for reform.
He called for uniform legal standards, stronger enforcement reciprocity, and peer review mechanisms to enhance judicial performance across the region.
“The ECOWAS Court is a vital institution in the development of international law within West Africa.
“We must equip it to interpret modern legal challenges; from digital freedoms to national security,” he said.
Fagbemi also urged the court to consider institutionalising Alternative Dispute Resolution (ADR) and collaborating with agencies such as GIABA to strengthen anti-corruption and counter-terrorism efforts.
In addition, there has been calls for renewed commitment, as Cape Verde’s President, José Neves, reaffirmed his country’s commitment to deepening community justice and integration.
“It is in this court that citizens find a safe haven against arbitrariness, we must ensure that all ECOWAS citizens, regardless of their status, see the court as an effective instrument of dignity and protection”.
Neves said the ECOWAS Court was “the guarantor of legality and the guardian of fundamental rights,” stressing that Africa must enforce its own rule of law before it can command respect globally.
Ultimately, addressing the twin challenges of access and enforcement will require more than goodwill.
It demands sustained institutional reforms, political courage, and a renewed sense of ownership from member states.
Experts say this can be achieved through a combination of strategies; including better funding, outreach programmes, media advocacy, technological innovation, peer review mechanisms, and perhaps, the creation of an appellate division.
As the ECOWAS Court looks to the future, its success will hinge on one simple truth: justice inaccessible or unenforced is justice denied.
