ECOWAS Court adopts plan for Appeal Division, stronger judgment enforcement

The ECOWAS Court of Justice has adopted recommendations for the establishment of an Appeal Division and stronger mechanisms to ensure compliance with its judgments by member states.

The proposals formed part of the communiqué issued on Friday at the conclusion of the Court’s 2026 International Conference in Dakar, Senegal.

The conference focused on justice, innovation, human rights protection and regional integration under the theme: “ECOWAS Court of Justice at the Crossroads: Justice, Innovation, Human Rights Protection and the Future of Regional Integration in West Africa.”

The News Agency of Nigeria (NAN) reports that the recommendations were addressed to the Authority of Heads of State and Government, the Council of Ministers, the ECOWAS Commission and the ECOWAS Parliament.

“In light of the foregoing, the Conference adopted these recommendations, addressed to the Authority of Heads of State and Government, the Council of Ministers, the ECOWAS Commission and the ECOWAS Parliament,” the communiqué stated.

Under the proposed reforms, the creation of an Appeal Division would require amendments to the Revised Treaty and other relevant legal instruments.

The Court said the framework should clearly define the appellate chamber’s jurisdiction and procedures, including who could appeal, which decisions could be challenged, grounds and time limits for appeals, judicial qualifications and how appeals would affect enforcement of judgments.

“There is a clear case for an appellate structure that would give effect to the right to a fair hearing, enable the correction of errors and guarantee jurisprudential consistency.

“Its creation will require treaty amendment, political consensus and adequate resources, and cannot of itself resolve the low rate of compliance with the Court’s judgments,” it said.

The conference also called for an independent, transparent and non-political process for appointing appellate judges, alongside sufficient financial and human resources.

A technical committee was asked to examine whether the proposed appeal chamber could sit periodically instead of operating permanently, particularly because of the financial implications of a permanent structure.

Participants said the appellate process should be designed to correct errors and ensure jurisprudential consistency without being used to delay enforcement or increase litigation costs.

Compliance remains major challenge

The conference also focused heavily on the Court’s difficulty in ensuring that member states implement its binding judgments.

According to the communiqué, only about 18 to 22 per cent of the Court’s enforceable judgments are currently being implemented, while several member states have failed to comply with a single judgment.

“The low rate of compliance and enforcement of the Court’s judgments constitutes the most significant challenge to its effectiveness,” the communiqué noted.

Participants linked the problem to the Court’s limited coercive powers, the failure of member states to domesticate Community instruments and resistance from some national courts.

Institutional weaknesses were also identified, including the designation of Ministries of Justice as the competent national authorities responsible for implementing judgments.

“This deficit is traceable to the Court’s lack of coercive power, the disregard of the principle of ‘pacta sunt servanda,’ and the failure to domesticate Community instruments.

“Others include the designation of Ministries of Justice as competent national authorities, the resistance of certain national courts, and design deficiencies in the existing enforcement mechanism,” the communiqué said.

To address the problem, the conference recommended increased diplomatic and political engagement with member states.

It proposed “through a dedicated diplomatic channel for reporting non-compliance to the highest political authority and, where necessary, the application of political pressure, while preserving national dignity and regional stability.”

The recommendations also included the creation of an official regional mechanism to monitor judgment execution, with the Authority and Council of Ministers given supervisory responsibilities.

A dedicated compliance-monitoring unit within the ECOWAS Commission was proposed, along with annual reports by the Court on the implementation records of member states.

The conference further recommended clarification of available sanctions, including monetary penalties, and consideration of measures against states that persistently fail to comply.

It also proposed establishing a compensation fund for victims, potentially financed through agreed contributions from the Community levy, to strengthen remedies arising from Court judgments.

Member states were urged to honour binding Court decisions, domesticate Community laws and empower national human rights institutions to coordinate the implementation of judgments.

Other areas covered by the communiqué included artificial intelligence, data protection, arbitration, environmental justice, refugees and forced displacement.

The conference called for stronger digital-rights protections, responsible AI governance, broader environmental accountability and improved safeguards for refugees and displaced persons.

It also appealed to the Authority of Heads of State and Government to take decisive action against xenophobic attacks on fellow Africans and migrants within the ECOWAS region.

The communiqué was moved for adoption by Dr Janet Gbam, seconded by Prof. Mohammed Ladan and presented at the closing ceremony.

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