As a new chapter begins for the Community Court of Justice of the Economic Community of West African States (ECOWAS), it is important to pause and acknowledge those whose service has helped shape the Court and strengthen the cause of justice in our region.

As the outgoing Judges of the ECOWAS Court bow out in honour and dignity today after their meritorious service to the community, we at the Centre for Community Law join the host of other community citizens to say thank you to Hon. Justice Edward Amoako Asante (2018–2026) – Ghana; Honourable Justice Gbéri-Bè Ouattara (2018–2026) – Côte d’Ivoire; Hon. Justice Ricardo Cláudio Monteiro Gonçalves (2022–2026) – Cabo Verde; Hon. Justice Dupe Atoki (2018–2026) – Nigeria; and Hon. Justice Sengu Mohamed Koroma (2022–2026) – Sierra Leone.

The Centre notes with admiration that the impact of the reduction in the number of judges, which should have significantly affected the ability of the Court to function effectively, was cushioned by the sheer hard work and dedication of the outgoing college of judges. This is despite the increase in the docket of the Court, reflective of the confidence of community citizens in the quality of judgments delivered by the Court.

We thank them for the years of commitment, sacrifice, scholarship, and dedication that they gave to the administration of justice in our community. They have indeed contributed their experience and judgment to an institution that occupies an important place in the continuing story of regional integration and the rule of law in West Africa.

Enforcement of Judgments

Although the judges may be discouraged by the non-enforcement of some of their judgments by Member States, the Centre urges them to take solace in the fact that Member States of ECOWAS that have not abided by the judgments of the Court are simply extending their attitude towards unfavourable judgments of their own national courts to the ECOWAS Court. As charity begins at home, so does bad behaviour, and nothing demonstrates this better than our leaders’ disrespect for court judgments.

The Centre is, however, confident that the Court’s ever-growing accumulation of jurisprudence and the respect it commands from citizens, international law practitioners, and scholars across the world confer upon its judgments a degree of credibility that Member States cannot easily continue to disregard. These factors operate as pressure points that, together with other factors, are developing to compel compliance, even in respect of judgments that have long remained unenforced.

As some of the outgoing judges return to their national courts to serve as judges, we urge them to remain advocates of the judgments of the Court by citing relevant jurisprudence of the Court and encouraging preliminary references. The Centre firmly holds the view that, by so doing, the needed unity of jurisprudence in areas over which national courts and the ECOWAS Court share competence will begin to emerge.

The Centre believes that this will create fertile ground for the recognition and enforcement of judgments of the Court in Member States, pending the time when the legislative arms of the Anglophone Member States take the needed steps to domesticate ECOWAS protocols to remove every doubt, rightly or wrongly, over their application within Member States. The Centre, however, notes that the municipal reception of judgments of the Court has not fared better in Francophone and Lusophone member States that that do not require the domestication of the Protocols.

The Centre notes that the incoming judges inherit an institution shaped by the dedication of those who came before them. Their task will be to preserve the gains, learn from the experience accumulated over the years, and take the Court forward.

As always, the Centre shall continue to keenly observe the judgments of the Court and appraise them through reviews as its contribution to ensuring that the new judges build upon the work the outgoing judges have undertaken and carry the institution to even greater heights.

The Centre wishes Hon. Justice Edward Amoako Asante, Honourable Justice Gbéri-Bè Ouattara, Hon. Justice Ricardo Cláudio Monteiro Gonçalves, Hon. Justice Dupe Atoki, and Hon. Justice Sengu Mohamed Koroma every success in the next chapters of their distinguished journeys.