Nigeria has the highest number of unenforced judgments issued by the ECOWAS Court of Justice.
Speaking while presenting enforcement statistics for the region on Wednesday during the commemoration of World Human Rights Day, the Court’s Deputy Chief Registrar, Gaye Sowe, said the data showed a persistent pattern of non-compliance across several member states, with Nigeria accounting for the largest backlog.
According to him, Nigeria has 50 outstanding judgments yet to be enforced.
“Nigeria has a total of 125 cases. Out of the 125 cases, 67 were dismissed, 10 enforced, and 48 yet to be enforced. I think recently, if we add the two, that would take the number to about 50,” he said.
He explained that the court had delivered 492 judgments involving the 12 active ECOWAS member states, out of which 192 were categorised as enforceable.
“As of today, the total number of cases filed before the ECOWAS Court of Justice stands at 775. Excluding the AES countries, the total drops to 702. The total number of judgments delivered involving AES countries is 492, while without the AES, it is 419. The court currently has 136 pending cases.
“Out of the 419 judgments involving AES countries, 192 are enforceable. By enforceable, we mean cases in which member states or defendants are required to take specific measures, ” Sowe said.
Breaking down the figures per country, Sowe said, “Republic of Benin: Total judgments – 19; dismissed – 13; unenforced – six; enforced – 0. Republic of Cape Verde: Total – three; dismissed – two; unenforced – one; enforced – 0. Republic of Côte d’Ivoire: Total – 28; dismissed – 19; unenforced – nine; enforced – 0. Ghana: Total – 13; dismissed – six; unenforced – 7; enforced – 0. Guinea-Bissau: Total – one; dismissed – 0; unenforced – one; enforced – 0.
“Republic of Guinea: Total – 25; dismissed – 7; unenforced – 18; enforced – 0. Liberia: Total – 15; dismissed – 10; unenforced – four; enforced – 1. Nigeria: Total – 125; dismissed – 67; enforced – 10; unenforced – 48 (recently rising to 50). Senegal: Total – 35; dismissed – 23; unenforced – nine; enforced – three.
“Sierra Leone: Total – 18; dismissed – six; unenforced – 11; enforced – one. The Gambia: Total – 13; dismissed – 5; unenforced – five; enforced – 2; 1 struck out. Togo: Total – 58; dismissed – 26; unenforced – 29; partially enforced – one; amicably settled – one; withdrawn – one.”
Sowe added that the ECOWAS Commission, which also appears before the Court as a respondent institution, had 36 judgments against it.
“For the ECOWAS Commission, there are 36 judgments: dismissed – 18; enforced – 14; unenforced – three; amicably settled – one; abandoned – one,” he said.
He noted that more than half of all judgments delivered by the court since inception were dismissed.
“Out of the 419 judgments that have been delivered by the court so far, 54 per cent of those were dismissed cases,” he said.
Sowe said this trend raised concerns about the nature of cases filed before the court, adding that it was an issue the institution would continue to address through outreach. “Probably that is something the court can look into when it goes into various countries to do sensitisation,” he said.
He further disclosed that most member states had established competent national authorities required to enforce judgments.
“Out of the 12 member states, 10 have done so. We only have Benin and Cabo Verde that haven’t done so yet,” he said.
President of the ECOWAS Community Court of Justice, Ricardo Gonçalves, noted that the court had delivered several judgments advancing rights such as freedom of expression, assembly, education and a healthy environment, most of its decisions remained unimplemented by member states.
He urged ECOWAS countries to fully enforce its judgments, cooperate with national and regional human rights bodies, and ensure victims have access to justice without barriers. It also called for more protection for civil society groups, the media and human rights defenders.
He said, “The court has given several progressive judgments spanning different areas of human rights, such as the rights to life, freedom from torture, expression, association, assembly, education, work, healthy environment, among others. By these judgments, the court has held states accountable for violations of civil and political rights, economic, social and cultural rights, as well as third generation rights. By its progressive interpretation of international human rights norms, the court has significantly contributed to aligning the law and policy of ECOWAS member states to their freely assumed international human rights obligations.
“The court is concerned that ECOWAS member states are yet to implement most of its judgments. Without effective and total implementation of the court’s judgments, the promise of human rights protection offered by the 2005 Supplementary Protocol becomes a mirage. “
