Reported by Ariajegbe Sylvia Esezobor
The Community Court of Justice of the Economic Community of West African States has marked its 25th anniversary with a renewed call for reforms to strengthen its effectiveness and improve justice delivery, as its president warned that the institution stands at a critical crossroads requiring it to adapt to changing realities in governance, technology, human rights and regional integration.
Justice Ricardo Cláudio Monteiro Gonçalves, President of the ECOWAS Court, made the call on Monday in Dakar, Senegal, at the opening of the Court’s 2026 Annual International Conference, themed “The Community Court of Justice — ECOWAS at the Crossroads: Justice, Innovation, Protection of Human Rights and the Future of Regional Integration in West Africa.” The weeklong conference, running from September 21 to 25, brought together judges, policymakers, academics, legal practitioners, representatives of international organisations and civil society actors from across West Africa.
“As we commemorate the 25th Anniversary of the Community Court of Justice, ECOWAS, we are presented with a unique opportunity not only to celebrate the progress achieved over the past quarter century but also to critically assess our journey and chart a bold vision for the future,” Gonçalves said. He identified the protection of human rights, the promotion of legal certainty, the strengthening of democratic governance and the advancement of regional integration as the Court’s core objectives. “The changing realities of governance, technological advancement, evolving human rights challenges, increased regional mobility, economic transformation and the growing expectations of citizens all require us to continually adapt and innovate,” he added.
The ECOWAS Court was established in 1991 by the Protocol A/P.1/7/91, with its creation envisioned under the 1975 Treaty of Lagos that founded ECOWAS. However, it was not until January 30, 2001, that the Court became operational with the swearing in of its seven pioneer judges in Bamako, Mali. Initially, its jurisdiction was limited to disputes involving member states or ECOWAS institutions, particularly those arising from the interpretation of the Treaty. In 2005, the Court’s mandate expanded significantly with the adoption of Supplementary Protocol A/SP.1/01/05, which empowered it to hear cases from individuals on issues related to human rights violations, making it one of the few international courts where individuals have direct access without requiring their governments to represent them.
Gonçalves said the Court had evolved into an important regional judicial institution through successive reforms, particularly the expansion of its mandate and jurisdiction to include human rights protection. He noted that the Court’s jurisprudence over the years had contributed to the protection of human rights, the promotion of legal certainty, the strengthening of democratic governance and the advancement of regional integration. “Through successive reforms, particularly the expansion of its mandate and jurisdiction to include human rights protection, the Court has emerged as a vital institution for justice, accountability and the rule of law within the ECOWAS region,” he said.
The Court president identified several recent milestones in its institutional transformation. He said the approval of the Complementary Act on the ECOWAS Court of Justice in December 2025 harmonised the 1991 and 2005 protocols governing the Court and strengthened its legal framework. He also noted the adoption of the Court’s Arbitration Rules in December 2025, saying the rules opened new opportunities for the peaceful and efficient settlement of disputes. Gonçalves further disclosed that consultations were ongoing among Community stakeholders on the establishment of an Appeal Division of the Court, a reform he said would “further strengthen judicial guarantees, improve the administration of justice and enhance confidence in the Court’s procedures and decisions.”
The Court president identified the full and timely enforcement of court judgments as one of the critical challenges confronting regional justice. He said the conference would examine “the critical need to ensure a full and timely enforcement of Courts’ judgments” and identify practical ways of strengthening human rights protection, innovation, good governance and regional integration. The scale of the enforcement challenge was underscored by data presented at the conference. Of 128 cases involving Nigeria registered at the Court since its establishment, 66 had been concluded, only 10 judgments had been executed, and 52 remained pending execution. Across all member states, the Court has lamented that 80 per cent of its judgments could not be enforced.
Gen. Birame Diop, President of the ECOWAS Commission, noted that the gap between the authority of the Court’s decisions and their execution remained one of the most serious challenges facing regional justice. Senegal’s Minister of Justice, Moussa Sarr, who declared the conference open, stressed that the authority of justice lay not only in the quality of the decision rendered but also in its effectiveness. He called for strengthened dialogue between national and community jurisdictions and urged member states to guarantee the effectiveness of the Court’s decisions.
The conference featured seven thematic sessions examining human rights jurisprudence, judgment enforcement and compliance, artificial intelligence and data protection, arbitration and alternative dispute resolution, the proposed appellate chamber, environmental justice, and refugee protection and forced displacement. Discussions focused on strengthening human rights protection, enhancing enforcement of Court decisions, advancing digital innovation, addressing emerging environmental and displacement challenges, and exploring new pathways for regional commercial dispute resolution.
The role of technology in the future of regional justice was a central theme. Sarr warned that while digital transformation could allow for the digitisation of procedures, the modernisation of work tools and the development of virtual hearings, it must never override the fundamental principles of justice. “Artificial intelligence can assist the judge. It cannot replace his office, nor alter his independence, nor reduce his power of judgment,” he said. Professor Ernest Kofi Abotsi, Dean of the Faculty of Law at the University of Professional Studies, Accra, who delivered the keynote address, urged the Court to make courageous choices in reconciling justice, innovation, human rights protection and regional integration. He proposed adapting the epistolary jurisdiction of the Indian Supreme Court, which allows a simple letter or email to petition the Court, and called for the use of artificial intelligence, virtual hearings, judicial databases and social media to bring the Court closer to citizens.
The Court’s human rights mandate has been the centrepiece of its judicial activities. Gonçalves said that in the exercise of its human rights mandate, the Court had fashioned a unique and expansive mechanism with liberal access rules that do not require the exhaustion of local remedies. The Court applies the African Charter on Human and Peoples’ Rights and basic United Nations human rights instruments in the enforcement of its human rights mandate. Abotsi commended the Court’s jurisprudence in areas such as arbitrary detention, electoral injustices, freedom of expression, trafficking, slavery and abuse of authority, but noted that the Court remained confronted by major challenges, including the non-execution of its judgments, the withdrawal of Sahelian states from ECOWAS, funding constraints, limited accessibility and insufficient awareness among citizens.
The Court’s 2026–2030 Strategic Plan, titled “Justice 2030,” provides a roadmap for addressing these challenges. Launched in March 2026, the plan is built around five strategic goals: guaranteeing timely and impartial justice; expanding access to justice, legal empowerment and alternative dispute resolution; advancing regional integration, human rights protection and legal harmonisation; ensuring transparency, stakeholder engagement and strategic accountability; and strengthening institutional capacity, governance and resource management. Gonçalves described the plan as a turning point for the institution and a clear affirmation of its resolve to enhance its role as a guarantor of justice and a pillar of regional stability.
The Court has also embraced digital transformation as a means of expanding access to justice. In June 2026, it launched an Electronic Case Management System to deepen digital justice across West Africa, enabling legal practitioners to file documents and monitor cases remotely while litigants enjoy easier access to justice and faster processing of their cases. The Court aims to go fully digital by 2030, positioning itself as a benchmark among judicial institutions in the sub-region.
For the delegates gathered in Dakar, the conference represents an opportunity to shape the future of regional justice in West Africa. Gonçalves urged participants to develop practical proposals for strengthening the Court. “We look forward to receiving clear, innovative and feasible proposals capable of strengthening the Court’s institutional framework, enhancing access to justice, improving judicial effectiveness and deepening the Court’s contribution to the regional integration agenda,” he said. The conference is expected to produce actionable recommendations and an outcome document setting out strategic priorities for the future of the Court and regional integration in West Africa. As Gonçalves put it, “Together, let us use this occasion not merely to celebrate the past, but to shape the future.”
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