CJN Raises Alarm Over Member States’ Non-compliance with ECOWAS Court Judgments

Alex Enumah and Wale Igbintade

The Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun has advised the Economic Community of West African States (ECOWAS) Court of Justice to come up with guidelines that will facilitate the enforcement of its judgment by member states.

She said this will address the persistent challenge of non-compliance with judgments of the ECOWAS Community Court of Justice by member states.

Justice Kekere-Ekun made the call in Abuja while receiving the President of the ECOWAS Court, Justice Ricardo Goncalves, and other judges of the regional court on a courtesy visit at the Supreme Court.

The visit, according to Justice Goncalves, was aimed at seeking the support of Nigeria’s judiciary in strengthening the enforcement of the court’s decisions across the sub-region.

He disclosed that approximately 80 per cent of the court’s judgments remain unenforced, largely due to a lack of political will and other institutional challenges within member states.

Describing the situation as a major setback to regional justice, Goncalves urged Nigeria to take the lead in demonstrating compliance with the court’s decisions.

He expressed optimism that if Nigeria, as a key member of the Economic Community of West African States, consistently enforces the court’s judgments, other countries in the bloc would be encouraged to follow suit.

Responding, Justice Kekere-Ekun acknowledged the significance of the enforcement deficit and commended the ECOWAS Court for its landmark rulings, particularly in advancing the protection of fundamental human rights within West Africa.

However, she emphasised that the primary responsibility for enforcing the regional court’s judgments rests with the executive arm of government in member states, not the judiciary.

While reaffirming the Nigerian judiciary’s commitment to the rule of law and regional cooperation, the CJN noted that effective enforcement ultimately requires political commitment and administrative action by national authorities.

To address the enforcement gap, she advised the ECOWAS Court to use the opportunity of its ongoing bilateral engagements on the status of its judgments to develop a harmonised and practical enforcement framework that can be adopted across member states.

She further urged the judges of the court to consult widely with relevant stakeholders in order to review and strengthen existing enforcement guidelines.

The CJN also pledged continued institutional support for the ECOWAS Court, particularly in the area of judicial capacity building through the National Judicial Institute.

The meeting was attended by Justices of the Supreme Court, including Justices Inyang Okoro, Adamu Jauro and Chioma Iheme-Nwosu.

The visit comes amid growing concerns over the effectiveness of regional judicial mechanisms in ensuring compliance with court decisions, especially in cases bordering on human rights violations and cross-border disputes.

Observers say the CJN’s call for a structured enforcement mechanism could mark a significant step toward strengthening the authority and impact of the ECOWAS Court within the West African sub-region.