The Chief Judge of Lagos State, Justice Kazeem Alogba, has raised concerns about the enforcement of regional court decisions within sovereign member states, citing political diversity and limited enforcement mechanisms as major obstacles.
The lack of enforcement of ECOWAS Court judgments has remained a topical issue affecting the court’s effectiveness.
Joining past leaders of the court in decrying the situation, the current President of the Court, Justice Ricardo Gonçalves, in April identified the non-enforcement of the court’s judgments and the failure to operationalise its arbitration jurisdiction as some of the major challenges confronting the institution.
In a statement issued on Thursday, the court said Justice Alogba made his remarks while receiving the ECOWAS Court President during a preparatory mission for the court’s External Session and sensitisation campaign scheduled to take place in Lagos from May 5 to 7 and May 8 to 16, respectively.
Justice Alogba noted that while the ECOWAS Court plays a critical role in promoting legal accountability and curbing impunity in the region, enforcing its decisions remains a challenge due to the sovereign nature of member states and their varying political contexts.
He emphasised that international charters must be respected once ratified and stressed the importance of regional judicial bodies like the ECOWAS Court in upholding justice, even when enforcement powers are limited.
“On the issue of enforcement of regional court decisions, the Chief Judge echoed a familiar challenge: the difficulty of enforcing judgments in sovereign states with diverse political climates.
“He noted, however, that international charters must be respected once ratified, and that the existence of judicial bodies like the ECOWAS Court plays a vital role in ensuring legal accountability and curbing impunity, even when direct enforcement mechanisms are limited,” the statement partly read.
Justice Alogba commended the ECOWAS Court for its work in the region and described the visit as a welcome opportunity for institutional engagement and collaboration.
He also provided an update on the structure and recent developments within the Lagos State Judiciary, including infrastructural challenges following the destruction of the High Court during the #EndSARS protests.
In response, Justice Gonçalves acknowledged the enforcement challenges and reaffirmed the court’s commitment to its mandate.
He emphasised the court’s focus on human rights cases, which make up over 80 percent of its caseload, and highlighted its broader role in interpreting ECOWAS legal instruments and providing advisory opinions.
Justice Gonçalves also addressed the recent withdrawal of three ECOWAS member states, which has reduced the number of countries under the court’s jurisdiction from 15 to 12.
He reaffirmed the court’s continued operations and extended an invitation to the Chief Judge to attend the court’s next judicial year opening in 2025.
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