Human rights lawyer and Senior Advocate of Nigeria, Femi Falana, has called on the Economic Community of West African States Commission to establish an appellate division for the ECOWAS Community Court of Justice.

Falana made the call in a letter dated June 29, 2026, addressed to the President of the ECOWAS Commission, Omar Alieu Touray.

He said the absence of an appeal mechanism in the regional court has undermined confidence in the court and raised concerns over fairness, especially in cases involving alleged errors of law, procedural issues and conflicting judgments.

According to him, the ECOWAS Court currently operates as a court of first and final instance, leaving aggrieved parties without any opportunity to challenge decisions they consider legally or procedurally flawed.

“The absence of a supervisory appellate mechanism means that aggrieved litigants cannot challenge errors of law or procedure,” Falana said.

The senior lawyer noted that judgments of the ECOWAS Court are binding on member states, but argued that the lack of an appellate structure has become one of the reasons some governments have failed to fully comply with the court’s decisions.

Falana said the establishment of an appellate division would strengthen judicial fairness, promote consistency in the court’s decisions and enhance public confidence in regional justice administration.

He recalled that Nigeria had previously advocated the creation of an appellate division for the court.

According to him, the Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, had also expressed concern that there was inadequate room for appeal against judgments of the ECOWAS Court.

Falana quoted the AGF as saying that while finality is important, justice must also be seen to be fair and open to review where errors of law or procedure may have occurred.

He said the leadership of the ECOWAS Court had also acknowledged the need for an appellate chamber, particularly in view of the non-compliance with some of its judgments by member states.

Falana further cited what he described as inconsistencies in the court’s jurisprudence, including conflicting decisions on public interest litigation, limitation periods in human rights cases, interpretation of domestic laws and judicial removal proceedings.

He referenced cases involving the Socio-Economic Rights and Accountability Project, SERAP, and countries such as Benin, The Gambia, Ghana and Nigeria, arguing that the court had in some instances departed from earlier precedents without clear legal justification.

According to him, such inconsistencies have affected victims of human rights violations and reinforced the need for an appellate mechanism capable of reviewing decisions of the regional court.

Falana also recalled that at the 35th Ordinary Session of the ECOWAS Council of Ministers held in Abuja in 2005, the ECOWAS Commission was mandated to undertake feasibility studies for the establishment of an appellate division.

He urged the regional body to implement that decision without further delay.

The senior advocate maintained that the reform would strengthen the credibility of the ECOWAS Court, improve judicial consistency and restore the confidence of member states and citizens in the administration of justice across the sub-region.

He added that creating an appellate division would enhance transparency, accountability and fairness in the dispensation of justice by the regional court.

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