…orders payment of outstanding salaries, allowances and accrued benefits
By Gloria Ikibah 
The Community Court of Justice of the Economic Community of West African States (ECOWAS) has declared the removal and replacement of former Commissioner for Internal Services, Prof. Nazifi Abdullahi Darma, before the expiration of his tenure unlawful, awarding him $50,000 in general damages.
Darma disclosed this while addressing journalists on the judgment, which he described as a victory for the rule of law, institutional integrity and accountability within the regional organisation.
He said the court found that actions taken by the President of the ECOWAS Commission, Dr Omar Alieu Touray, and the Council of Ministers failed to comply with the legal procedures governing the removal of a commissioner.
The dispute followed a memorandum issued on 30 October 2025 by the then President of the ECOWAS Commission, which withdrew delegated authority previously exercised by Darma and reportedly raised concerns about his conduct and performance.
According to Darma, the court rejected arguments that the memorandum was merely an administrative measure.
“It held that the memorandum was based on adverse allegations which significantly affected my responsibilities and formed part of a process aimed at my replacement,” he said.
He added that the court found that the actions were taken “without prior notice or an effective opportunity for me to respond.”
The former commissioner said the court also clarified that the Commission president’s managerial authority did not extend to transferring or extinguishing powers assigned by Community law to another statutory office.
Darma said the court consequently ruled that his removal and replacement were unlawful because the legal requirements for terminating a commissioner’s mandate had not been met.
As part of the relief granted, the court ordered the payment of his outstanding salaries, allowances and accrued financial benefits from the date his tenure was unlawfully terminated until its expiry, less any amounts already received.
It also awarded him $50,000 in general damages for the non-pecuniary harm arising from the procedural irregularities and premature termination of his tenure. The ECOWAS Commission was further directed to bear the costs of the proceedings.
However, the court did not order his reinstatement because his tenure expired on 31 August 2026.
Reacting to the judgment, Darma said: “This judgment is not a personal victory. It is a victory for the rule of law, institutional integrity, accountability and due process within ECOWAS.”
He added that the ruling reinforced the principle that Community officials could only be removed through lawful procedures and on legally recognised grounds.
