ECOWAS Court Orders Commission to Pay Darma Entitlements, $50,000 Damages Over Unlawful Removal

The Community Court of Justice of the Economic Community of West African States (ECOWAS) has declared the removal and replacement of former Commissioner for Internal Services, Prof. Nazifi Abdullahi Darma, before the end of his tenure unlawful and awarded him $50,000 in general damages.

Darma disclosed the judgment while addressing journalists, saying the Court found that the procedures followed by the President of the ECOWAS Commission, Dr. Omar Alieu Touray, and the Council of Ministers did not meet the legal requirements for removing a Commissioner.

The case arose from a memorandum issued on October 30, 2025, by the then President of the ECOWAS Commission, which withdrew delegated authority previously exercised by Darma and reportedly raised concerns about his conduct and performance.

According to Darma, the Court rejected the argument that the memorandum was merely an administrative measure, finding that it was based on adverse allegations that affected his responsibilities and formed part of a process intended to replace him.

He said the Court further established that the actions were taken without prior notice or an effective opportunity for him to respond to the allegations.

The former Commissioner explained that the judgment clarified the limits of the Commission President’s managerial powers, particularly where Community law assigns specific responsibilities to other statutory offices.

He said the Court ruled that his removal and replacement were unlawful because the legal conditions for terminating a Commissioner’s mandate had not been met.

Under the judgment, the ECOWAS Commission was ordered to pay Darma outstanding salaries, allowances and accrued financial benefits from the date his tenure was unlawfully terminated until its expiration, after deducting any amounts already received.

The Court also awarded him $50,000 in general damages for the non-pecuniary harm arising from the procedural violations and premature termination of his tenure. The Commission was additionally directed to bear the costs of the proceedings.

However, the Court did not order his reinstatement because his tenure expired on August 31, 2026.

Reacting to the decision, Darma described it as a victory for the rule of law and accountability within the regional organisation.

“This judgment is not a personal victory. It is a victory for the rule of law, institutional integrity, accountability and due process within ECOWAS,” he said.

He added that the ruling reaffirmed the principle that officials of the regional community could only be removed in accordance with established legal procedures and on legally recognised grounds.