Human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has called on the Economic Community of West African States Commission to establish an appellate division for the Community Court of Justice, arguing that the absence of an appeal mechanism has undermined confidence in the regional court.

In a letter dated June 29 and addressed to the President of the ECOWAS Commission, Omar Alieu Touray, Falana said the court’s status as a court of first and final instance had raised concerns over fairness, particularly in cases involving conflicting judgments and alleged errors of law.

According to him, while the ECOWAS Court’s judgments are binding on member states, the lack of an appellate structure has become a major reason some governments have failed to fully comply with its decisions.

“The absence of a supervisory appellate mechanism means that aggrieved litigants cannot challenge errors of law or procedure,” he stated.

Falana noted that Nigeria had previously advocated the establishment of an appellate division, recalling remarks by the Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi (SAN), who argued that justice should not only be final but also be open to review where errors may have occurred.

It partly reads, “This absence of an appellate system has been a primary concern for member states that advocate for an appeal structure to ensure greater judicial fairness and transparency. The Government of Nigeria has demanded that an appellate division be set up to review the judgments of the Court. The Attorney-General and Minister of Justice of Nigeria, Mr. Lateef Fagbemi SAN said: ‘It is concerning that there is currently inadequate room for appeal against the judgments of the ECOWAS Court. While finality is important, justice must also be seen to be fair and revisable. The absence of a separate appellate mechanism limits access to justice, especially in cases where errors of law or procedure may have occurred.’

He further said the leadership of the ECOWAS Court had itself acknowledged the need for an appellate chamber, particularly in view of the non-compliance with some of its judgments by member states.

The senior lawyer cited what he described as inconsistencies in the court’s jurisprudence, including conflicting decisions on public interest litigation, limitation periods in human rights cases, interpretation of domestic laws and judicial removal proceedings.

Among the cases highlighted were those involving the Socio-Economic Rights and Accountability Project (SERAP), the Republic of Benin, the Republic of The Gambia, the Republic of Ghana and Nigeria, where he argued that the court departed from earlier precedents without clear legal justification.

According to Falana, the inconsistencies have affected victims of human rights violations and reinforced the need for an appellate mechanism capable of reviewing decisions of the regional court.

He recalled that at the 35th Ordinary Session of the ECOWAS Council of Ministers held in Abuja in 2005, the Commission was mandated to undertake feasibility studies for the establishment of an appellate division.

Falana urged the regional body to implement that decision without further delay, saying the reform would strengthen the court’s credibility, improve judicial consistency and restore the confidence of member states and citizens in the administration of justice across the sub-region.

He maintained that creating an appellate division would enhance the capacity of the ECOWAS Court and ensure greater transparency, accountability and fairness in the dispensation of justice.