Prominent human rights lawyer and Senior Advocate of Nigeria, Femi Falana, has criticized Nigeria and several West African countries for failing to comply with judgments issued by the ECOWAS Community Court of Justice, calling it a serious affront to the rule of law in the region.
Falana’s criticism comes in response to President Bola Tinubu’s remarks during ECOWAS’ 50th-anniversary celebration in Lagos, where the President praised the regional bloc for upholding democratic values, institutional accountability, and the rule of law. Falana, however, said this praise is at odds with reality, citing persistent disregard for the authority of the ECOWAS Court by member states.
“With respect, the ECOWAS leaders have failed to uphold democratic norms and rule of law. Hence, the region has continued to witness unconstitutional change of government,” Falana said in a statement released Sunday, June 1.
Citing official data from the ECOWAS Court as of December 2024, Falana noted that Nigeria leads with the highest number of unenforced judgments—44 in total—followed by Togo with 27, Guinea 15, Mali 10, and Sierra Leone 9.
He accused member states of treating the court’s decisions with “disdain” and “without any legal and political justification,” describing the trend as deeply troubling. Falana also pointed out the irony of former leaders—such as Charles Taylor (Liberia), Laurent Gbagbo (Côte d’Ivoire), Boni Yayi (Benin), Mamadou Tanja (Niger), and Blaise Compaoré (Burkina Faso)—who once ignored the court’s authority but later turned to it for justice after leaving office.
He cited the case of Mrs. Doe, widow of former Liberian president Samuel Doe, who secured a favorable ruling from the court, as proof of its vital role in regional justice.
Falana reminded the public of Article 24 of the ECOWAS Court Protocol, which requires each member state to appoint a national authority to enforce the court’s rulings. Nigeria designated its Attorney-General for this role in 2014. Yet, despite this, he said, the country has consistently failed to comply.
Describing the situation as “the height of embarrassment,” especially given that President Tinubu currently chairs the ECOWAS Authority of Heads of State and Government, Falana urged the President to immediately instruct the Attorney-General, Lateef Fagbemi, to begin enforcing the court’s outstanding judgments.