FG to ECOWAS court: Stop issuing unenforceable orders, judgments

The federal government has asked the court of justice of the Economic Community of West African States (ECOWAS) to refrain from issuing unenforceable orders and judgments.

Speaking at the opening session of the statutory meeting of the ECOWAS judicial council in Abuja on Tuesday, Lateef Fagbemi, attorney-general of the federation (AGF) and minister of justice, said it is important for the regional court to pay attention to the peculiarities of member states.

He described some of the judgments delivered by the ECOWAS court as “practically incapable of enforcement”.

Fagbemi said there is a “dire need to promote and deepen alternative dispute resolution measures within the region”.

“Let me use this opportunity to commend the distinguished justices of the community court who have continued to work tirelessly to adjudicate over cases in a manner as to inspire confidence in the court’s ability to meet the demands of litigants, that is, resolution of disputes,” the AGF said.

“By so doing, the court contributes to the maintenance of peace and stability in the region. The various national judicial systems in member states are also expected to play these critical roles of nation and regional building.

“It is worthy of note that the ECOWAS Judicial Council plays a crucial role in advancing justice delivery and access to justice by recruiting individuals with requisite experience and capacity to handle the myriad of cases brought before the Courts.

“As we are all well aware, we are in an era where the foundational principles of the Economic Community of West African States are being tested and this reinforces the need for the community’s justice system to respond appropriately to contemporary issues in order to engender justice, fairness and inspire confidence in community citizens.

“It is therefore critical that the Community Court of Justice continues to undergo necessary reforms to bring it in tandem with the current exigencies and manage the challenges associated with justice delivery in the region.

“The court must adopt strategies that strengthen its jurisdiction, whilst appreciating the jurisdictional boundaries of the court and limiting unnecessary conflict with domestic laws of member states.

“It is important for the court to pay attention to the peculiarities of member States and refrain from issuing orders and judgments that are practically incapable of enforcement.”

Also speaking at the event, Olukayode Ariwoola, chief justice of Nigeria (CJN), who is the chairman of the ECOWAS judicial council, said the body would continue to play a vital role towards ensuring a more just, peaceful and integrated West Africa.

The CJN also advocated for the unification of laws within the ECOWAS region.

“In a region characterized by diverse legal systems and traditions, the harmonization of laws and legal practices is essential for promoting regional integration and cooperation,” Ariwoola said.

On his part, Omar Touray, president of the ECOWAS commission, said the meeting, which had chief justices of ECOWAS member states in attendance, would help the region address issues affecting the effective operation of the community court.