We’re collaborating with member states on judgment enforcement

By Innocent Anaba

The Chief Judge of ECOWAS Community Court of Justice, Justice Ricardo Gonçalves, Wednesday, said that the court was forging a meaningful collaboration between it and member states to strengthen compliance with, and enforcement of, the court’s judgments across the region.

Justice Gonçalves had at the opening day of the meeting, lamented the unwillingness of members to enforce the judgment of the court, noting that was undermining regional justice, accountability, and human rights protection.

Meanwhile, acting Deputy Chief Registrar, DCR and Registrar – Appeals, Arbitration and Enforcement, Mr. Gaye Sowe, has said that the key points of the meeting include bridging communication gap, developing guidelines for award of reparation, in-person engagement with Competent National Authorities of Member States and fostering working/lasting relationship.

Justice Gonçalves in his closing remarks at a two-day inaugural meeting of Competent National Authorities, CNAs, in Lagos, said: “Strengthening synergies between the court and competent national authorities could not have been more timely or significant. It speaks directly to our shared objective to forge meaningful collaboration between the court and national authorities in order to strengthen compliance with, and enforcement of, the court’s judgments across all member states.

“We are keenly aware that the low enforcement rate of the court’s judgments remains a critical challenge. This meeting was convened to provide a robust platform for the exchange of innovative ideas and the development of practical strategies to address this challenge.

“Through your candid contributions, we have identified actionable pathways to enhance adherence to the court’s decisions, ensure consistency in enforcement procedures, equip national authorities with the requisite technical and procedural tools, and build a framework for ongoing collaboration.

“Let us not lose sight of the foundational principle that underpins our work: the rule of law.

The effectiveness of the ECOWAS Court of Justice hinges on the goodwill and commitment of member states, who have collectively established and empowered the court to serve our community. The bedrock of this commitment is the principle of pacta sunt servanda that agreements must be respected and honoured in good faith, as enshrined in Article 26 of the Vienna Convention on the Law of Treaties.

“I wish to remind all present that Article 24(4) of the Supplementary Protocol on the Court mandates each Member State to designate a Competent National Authority for the receipt and execution of the court’s judgments. While we commend the many Member States who have complied, I urge those yet to do so to complete this vital step without further delay.

“Additionally, the domestication of the Revised Treaty and the Protocols on the Court remains a pressing issue.

“Without such domestication, particularly in dualist common law jurisdictions, the enforceability of court judgments is significantly hindered. I appeal to all Member States to expedite the process of incorporating these instruments into national law, thereby facilitating seamless implementation and reinforcing the authority of the court.

“While we acknowledge the challenges that persist in the enforcement landscape, I am heartened by the spirit of collaboration and innovation that has characterized our discussions. This meeting has fostered a deeper understanding of the obstacles we face and has enabled the sharing of best practices and practical solutions.

“Crucially, it has strengthened the bonds of cooperation between the court and national authorities, ensuring that our judgments are not merely symbolic, but are effectively translated into real and lasting justice for the peoples of our region.

“I am confident that the knowledge shared and the commitments made during this meeting have sensitized all participants to the legal frameworks, roles, and obligations that underpin the enforcement of the court’s decisions.

“The Community Court of Justice, ECOWAS is a cornerstone of our integration process, it is essential that we work together to reinforce its authority and effectiveness. By doing so, we will not only uphold the rule of law but also promote and protect the fundamental rights of the citizens of our community.

“Looking ahead, I am optimistic that the fruitful collaborations and partnerships established here will continue to flourish, further advancing the objectives of the Court and of ECOWAS as a whole,” he added.

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