Falana Knocks FG Over Unenforceable Judgments Comments

The Attorney General of the Federation and the Minister of Justice, Lateef Fagbemi (SAN), on Tuesday, called on the Economic Community of West African States Court of Justice to refrain from issuing orders and judgments that are impossible to enforce.

But human rights lawyer and a former President of the West African Bar Association, Femi Falana, (SAN), asked the AGF to speak only for himself, arguing that only Nigeria was culpable of shunning ECOWAS Court orders.

According to Falana, the Nigerian government has been shunning ECOWAS Court judgments by behaving as if the country is still under the military rule.

The effectiveness of the ECOWAS Court has been hindered significantly by challenges in enforcing its judgments and orders.

On May 9, 2023, during the first regular session of the 5th ECOWAS Parliament in Abuja, the President of the Court, Justice Edward Asante, stated that more than 106 decisions reached by the court, representing 70 per cent, were yet to be implemented by the member states.

Asante added that 11 court rulings against ECOWAS were not complied with.

The AGF, while speaking on Tuesday in Abuja at the Statutory ECOWAS Judicial Council meeting, urged the ECOWAS court to strengthen its jurisdiction while limiting unnecessary conflict with the domestic laws of member states.

Fagbemi said the ECOWAS Court must pay attention to the peculiarities of countries in the regional bloc.

He said, “The court must adopt strategies that strengthen its jurisdiction, whilst appreciating the jurisdictional boundaries of the court and limiting unnecessary conflict with domestic laws of member states.

“It is important for the court to pay attention to the peculiarities of member states and refrain from issuing orders and judgments that are practically incapable of enforcement. There is also a dire need to promote and deepen alternative dispute resolution measures within the region.”

He added that the court needed reforms to address challenges in delivering justice in the region.

Fagbemi said, “It is, therefore, critical that the Community Court of Justice continues to undergo necessary reforms to bring it in tandem with the current exigencies and manage the challenges associated with justice delivery in the region. “

But speaking in a telephone interview with our correspondent, Falana said contrary to Fagbemi, not all ECOWAS countries were disobeying the court’s order.

Falana said, “With respect to the Honourable Attorney-General, not all ECOWAS member states disobey the judgments of the ECOWAS Court like Nigeria. From the information at my disposal, there is no judgment of the ECOWAS Court that has not been complied with by the Government of The Gambia.

“I once met President Nana Akufo-Addo of Ghana at an international conference in Accra. On his way out of the conference, I drew the attention of the President to a judgment of the ECOWAS Court that had not been complied with by the Government of Ghana. President Akufo-Addo asked me to submit a certified true copy of the judgment in his office. I did and there and then the President directed the Ministry of Finance to pay the judgment debt. The ministry implemented the directive of the President. “

Falana linked the coups in some West African countries to disregard for orders from domestic and regional courts.

He said, “The hostile disposition of African states to courts is essentially the same. African governments, including Nigeria, are yet to move away from the era of military and apartheid regimes when martial law was the order of the day. The rule of law is substituted for the rule of rulers. Not only are orders of courts disregarded, but judges who rule against governments are harassed by security forces. The same attitude has been extended to regional and international courts.”