The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), on Thursday, expressed concern over the absence of an appellate mechanism in the ECOWAS Court of Justice.
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Speaking in Abuja at the opening of the 2025/2026 legal year of the Court, Fagbemi said that while finality of judgments is important, the inability to review decisions raises questions about fairness and access to justice.
According to him, the absence of a separate appellate process limits opportunities to correct errors of law or procedure.
He said, “It is concerning that there is currently inadequate room for appeal against the judgments of the ECOWAS Court. While finality is important, justice must also be seen to be fair and revisable. The absence of a separate appellate mechanism limits access to justice, especially in cases where errors of law or procedure may have occurred. As we expand the Court’s reach, we must also ensure that its decisions are subject to the same standards of review and accountability that underpin robust judicial systems.”
The minister urged the Court to draw lessons from other regional judicial institutions such as the European Court of Human Rights, the East African Court of Justice and the Inter-American Court of Human Rights, which, according to him, offer valuable models of transparency, judicial independence and procedural innovation.
He said, “As we navigate these challenges, it is imperative that member states pursue greater uniformity in legal standards, reciprocity in enforcement, and peer review in judicial performance. The ECOWAS legal space must not be a patchwork of divergent systems, but a harmonised framework that promotes predictability, fairness, and mutual respect.
“In this regard, I strongly encourage the ECOWAS Court to adopt best practices from other regional courts and tribunals—including the European Court of Human Rights, the East African Court of Justice, and the Inter-American Court of Human Rights. These institutions offer valuable lessons in transparency, procedural innovation, judicial independence, and public engagement.
” You will all agree with me that comparative learning is not imitation it is evolution. By studying how other regional courts manage appellate review, enforce judgments, engage with civil society, and balance sovereignty with supranational authority, the ECOWAS Court can refine its own processes and strengthen its legitimacy.”
He reaffirmed Nigeria’s support for the ECOWAS Court as host country, describing it as central to regional integration, human rights enforcement and stability.
Fagbemi said, “Nigeria remains steadfast in its support for the ECOWAS Court of Justice. As the host nation, we recognise the Court’s pivotal role in promoting regional stability, economic integration, and human rights. We are committed to working with member states to enhance the Court’s effectiveness, independence, and accessibility. In my capacity as Attorney General of the Federation, I pledge to continue advocating for legal reforms that align domestic laws with regional obligations,—while also ensuring that such decisions respect our constitutional order and national interests. ”
Also speaking, the President of Cabo Verde, José Neves, said community justice remains vital for Africa’s credibility in global affairs. He stressed that strengthening institutions such as the ECOWAS Court was essential for peace, democracy and integration on the continent.
“In a continent still marked by border disputes and recurring tensions, the existence of an independent and respected community tribunal is a civilisational triumph that we must preserve and enhance,” Neves said.
He noted that access to the Court by individual citizens was one of the most significant gains of regional integration, as it brings justice closer to the people.
Neves also called for reforms within African sub-regional bodies to make them more effective in addressing contemporary challenges such as insecurity, institutional fragility, migration and climate change.
In his address, the President of the ECOWAS Court, Justice Ricardo Goncalves, said the Court handled 34 new cases in the past year, including matters relating to civil and political rights, economic freedoms, and disputes between member states.
He disclosed that the Court held 79 judicial sessions and issued 54 rulings, many of which reaffirmed key principles such as the justiciability of socio-economic rights and the supremacy of community law over conflicting national legislation. According to him, 112 cases are currently pending before the Court.
Recall that the ECOWAS Court of Justice, established in 1991, serves as the judicial organ of the Economic Community of West African States.
It adjudicates disputes between member states, institutions of the community, and, uniquely, allows individuals direct access in cases alleging human rights violations.
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