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Nigeria Leads As ECOWAS Members Default On 150 Judgments
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A total of 150 judgments by the Economic Community of West African States Court of Justice have yet to be obeyed or enforced by member countries, according to The PUNCH.
A record of the status of the judgment obtained from the court’s registry indicated that all ECOWAS countries and some of its institutions have outstanding judgments to enforce.
According to the record, as of January 31, 2024, Nigeria topped the list with the highest number of unenforced judgments at 43, followed by the Republic of Togo with 23, and Guinea ranking third with 14.
Others are Mali with 11; the Republic of Niger has nine; Senegal, eight; Sierra Leone, seven; and Cote D’Ivoire with six.
The Gambia has yet to enforce five; Benin Republic, Liberia, and Burkina Faso have four unenforced judgments each. Ghana has three, while Cabo Verde and Guinea Bissau have one each.
The ECOWAS commission has a total of five judgments yet to be enforced.
In addition, the judgments given in the case between Petrostar Nigeria vs Blackberry Nigeria Ltd and EBID vs Cross River State have not been enforced.
On the list of decisions enforced as of January 31, 2024, a total of 34 judgments had been implemented.
Among the 34, Nigeria has a total of eight enforced judgments which included five from the Registered Trustees of Socio-Economic and Accountability Project.
In one of the cases marked: ECW/CCJ/APP/10/10,
SERAP sued the FG over the security forces’ shooting of peaceful protesters in Bundu Ama, Port Harcourt in 2009.
The ECOWAS court ruled that the Nigerian government breached its obligation to protect and respect the right to peaceful association and assembly, awarding a total of N11m in damages.
Mali has enforced four; Niger, three; The Gambia, two; Burkina Faso, Sierra Lone and Liberia have implemented judgment one each.
ECOWAS commission has implemented seven while the ECOWAS parliament has one.
Enforcement of the judgments in member states has been one of the major challenges confronting the ECOWAS Court of Justice.
Recently, the Attorney General of the Federation and the Minister of Justice, Lateef Fagbemi (SAN), called on the court to refrain from issuing orders and judgments that are impossible to enforce.
He also noted that the court must pay attention to the peculiarities of countries in the regional bloc.
However, human rights lawyer and a former President of the West African Bar Association, Femi Falana, (SAN), disagreed with the AGF, saying, “With respect to the Honourable Attorney-General, not all ECOWAS member states disobey the judgments of the ECOWAS Court like Nigeria.”
Falana linked the coups in some West African countries to disregard for orders from domestic and regional courts.
He said, “The hostile disposition of African states to courts is essentially the same. African governments, including Nigeria, are yet to move away from the era of military and apartheid regimes when martial law was the order of the day. The rule of law is substituted for the rule of rulers. Not only are orders of courts disregarded, but judges who rule against governments are harassed by security forces. The same attitude has been extended to regional and international courts.”
Meanwhile, the President, ECOWAS Judicial Council, Justice Olukayode Ariwoola, after a recent closed-door meeting with President Bola Tinubu at the State House, said two committees had been inaugurated to probe disobedience by member states.
“We have set up two committees; one to look into the rules and the other to look into the position or the status of the enforcement of judgments of the community court,” Justice Ariwoola said.
Yaya Bauchi Tongo, a member of House of Representatives representing Gombe/Kwami/Funakaye Federal Constituency of Gombe State is dead.
Rep Tongo died in Abuja on Friday following a brief illness, the spokesperson for the House of Representatives, Akintude Rotimi said in a statement quoting the Gombe State Caucus of the House of Representatives.
While paying tribute to the late lawmaker, Rotimi said his death marked the end of a distinguished life devoted to public service and the advancement of his constituents, Gombe State, and the Federal Republic of Nigeria.
“Rep. Tongo was a dedicated public servant, seasoned grassroots politician, and committed legislator whose life was marked by unwavering service to his people and the nation,” Rotimi said.
The deceased lawmaker served as Chairman of Funakaye Local Government Area, Special Adviser to the Government of Gombe State, and Member of the Gombe State House of Assembly before his election into House of Representatives.
He was Chairman of the Nigeria–United Arab Emirates Parliamentary Friendship Group in the House of Representatives.
“A respected voice within the Parliament and a passionate advocate for the welfare and development of his constituents, Hon. Tongo brought wisdom, experience, and a deep understanding of governance to legislative deliberations. His contributions to nation-building and democratic development will remain an enduring part of his legacy.
“On behalf of the Speaker of the House of Representatives, Rt. Hon. Abbas Tajudeen, PhD, GCON, the leadership, and the entire membership of the House, we extend our heartfelt condolences to his immediate family, the people of Gombe/Kwami/Funakaye Federal Constituency, and the Government and people of Gombe State on this painful loss.
“As we mourn the passing of our dear colleague, we pray that Almighty Allah (SWT) forgives his shortcomings, accepts his good deeds, and grants him Aljannatul Firdaus. We also pray that Allah (SWT) grants his family, loved ones, constituents, and colleagues the strength and fortitude to bear this irreparable loss,” Rotimi said.
He added that further details regarding parliamentary tributes and funeral arrangements will be communicated in due course.
A member of the House of Representatives from Kaduna North and Chairman, Committee on Banking Regulations, Mohammed Bello El-Rufai, has disclosed that his father, Nasir El-Rufai’s continued detention shows that Nigeria’s democratic journey is far from complete.
Bello noted that democracy can only thrive in Nigeria when the country’s leadership is accountable.
El-Rufai has been in custody of the Independent Corrupt Practices and Other Related Offences Commission, ICPC, since he was arrested at the Abuja airport earlier in the year.
The commission had arraigned him for corruption while he was governor of Kaduna State.
However, posting on X, Bello wrote: “Today, we celebrate the enduring strength of our democracy and the collective voice of the Nigerian people. Democracy thrives when leadership is accountable, citizens are empowered, and every voice is heard.
“As we commemorate this important day, we must also acknowledge that while our democracy continues to endure, the abuse of citizens’ rights remains a troubling reality.
“The true test of any democracy is not simply the conduct of elections, but its commitment to the rule of law, due process, and the protection of fundamental freedoms.
“The continued unlawful detention of my father, Mallam Nasir El-Rufai, alongside the experiences of many other Nigerians who have faced similar violations, serves as a reminder that our democratic journey is far from complete.
“On this Democracy Day, let us recommit ourselves to building a nation where justice prevails, institutions are strengthened, and the rights of every citizen are respected and protected.”
The National Leader of the Nigerian Democratic Congress, NDC, Senator Seriake Dickson, on Friday held a closed-door meeting with the party’s presidential candidate, Peter Obi, amid recent crises in the party.
Dickson made this known in a statement on his official X handle, revealing that the meeting, which lasted nearly three hours, was attended by Obi and other senior party leaders.
“I just received my brother, colleague, and partner in the New Nigerian Project, His Excellency Mr Peter Gregory Obi, CON, our presidential candidate, who, together with some distinguished leaders of our party, held a closed-door meeting which lasted about three hours.
“In the course of that meeting, we reviewed the activities of our party and discussed a few recent issues that have been a source of concern to all sides, and we amicably resolved all the issues.
“We have always been on the same page on the bigger picture, i.e., winning the elections for all candidates of our party and rescuing Nigeria from the misgovernance of the APC-led government. However, a few issues have arisen, and we have agreed on how to handle them moving forward.
“I want to use this opportunity again to call on all members of our party to stop the bickering and name-calling and focus on the bigger picture.
“Both His Excellency Peter Obi and I, as well as other leaders and stakeholders of our party, will continue to consult and engage with one another to address and resolve concerns, strengthen the unity and cohesion of our party, and ensure that we remain focused on our shared mission of rescuing Nigeria and building a better future for all.”
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