By Innocent Anaba

The Chief Judge of ECOWAS Community Court of Justice, Justice Ricardo Gonçalves, has lamented the unwillingness of members to enforce the judgment of the court, noting that was undermining  regional justice, accountability, and human rights protection.

Justice Gonçalves at a two-day inaugural meeting of Competent National Authorities, CNAs, held in Lagos, yesterday, said: “It will surprise you to note that even though most Member States of ECOWAS have appointed competent national authorities responsible for the enforcement of the court’s judgments, the compliance rate with the judgments of the court remains low and currently stands at about 22 per cent.

“This statistic is not encouraging and has the potential to erode public confidence in the court. The court has rightly recognized that the non-enforcement of its decisions is an existential threat to its existence.

“The importance of enforcing the judgments of the court cannot be overemphasized. Member States have an obligation under the Revised Treaty and other community texts to enforce the decisions of the court.

“The enforcement of the decisions of the court by Member States undoubtedly promotes the rule of law, upholds the principles of justice, equity, and accountability.

”Enforcement of the court’s judgments also ensures that international and regional human rights standards are not merely seen as principles but as functional frameworks with real consequences, which will deter future violations and promote respect for human rights.

“It is our sincere hope that at the end of this meeting, participants will come up with actionable strategies to significantly raise the compliance rate of Member States with the judgments of the court.”

Also speaking at the meeting, Chief Registrar of the ECOWAS Court, Dr. Yaouza Ouro-Sama, lamented the fact that the court was often viewed as a “toothless bulldog” due to its lack of enforcement power.“He outlined several obstacles to compliance, including lack of political will, failure to domesticate ECOWAS legal instruments, and absence of implementing legislation at the national level.““The ECOWAS Court of Justice has held in a plethora of cases that it lacks the power to enforce its decisions. We rely on member states to voluntarily comply or use their national mechanisms for enforcement,” Dr. Ouro-Sama stated.

He noted that the meeting, held under the theme “Enhancing the Role, Relevance, and Effectiveness of the ECOWAS Court of Justice,” was designed to foster collaboration between the court, CNAs, and other stakeholders, including the ECOWAS Commission’s Legal Department and the ECOWAS Parliament’s Human Rights Committee.

Representing Nigeria’s Attorney General and Minister of Justice, Lateef Fagbemi, SAN, Mr. Nnanna Ibom, Director of International and Comparative Law at the Federal Ministry of Justice, reiterated Nigeria’s commitment to the ECOWAS Court and highlighted the strategic importance of enforcement to the credibility of regional justice.“The two-day meeting is expected to produce actionable strategies for raising enforcement levels, harmonising procedures across member states, and strengthening the relationship between the court and national authorities.