ECOWAS Commission, Nigeria Dragged to Court Over Alleged Unlawful Nomination of Judges

The Trustees of the Centre for Community Law (CCL), a Nigerian-registered non-governmental organisation, alongside Professor Amos Osaiogbovo Enabulele, have filed a suit against the ECOWAS Commission and the Federal Government of Nigeria over what they describe as the “unlawful” nomination and appointment of judges to the ECOWAS Court of Justice.

The suit was filed at the ECOWAS Court in Abuja on February 6, 2026, and formally registered on February 12, 2026, with reference number ECW/CCJ/APP/08/26.

The CCL and Professor Enabulele are listed as Applicants, while the ECOWAS Commission and the Federal Republic of Nigeria are named as Respondents.

Alleged Violation of Legal Provisions

In the originating application, the Applicants argue that the process for nominating judges to the ECOWAS Court failed to comply with mandatory provisions of the Rules of Procedure of the ECOWAS Community Judicial Council and Article 3(1) of the Protocol on the ECOWAS Court of Justice.

They are asking the Court to determine whether it is lawful for ECOWAS Member States, particularly Nigeria, to nominate and appoint judges without strictly adhering to prescribed procedures, including wide publicity of vacancies and transparent, merit-based selection processes.

According to the Applicants, the ECOWAS Commission requested nominations from Member States without ensuring compliance with established rules designed to guarantee transparency, competitiveness and merit.

Reference to ECOWAS Communiqué

The Applicants rely on paragraph 47(xi) of the Final Communiqué issued at the Sixty-Eighth Ordinary Session of the ECOWAS Authority of Heads of State and Government held on December 14, 2025, in Abuja.

The communiqué, attached as Exhibit C, indicated that Nigeria, Benin, Liberia, The Gambia and Togo were selected to nominate the next college of judges for the ECOWAS Court.

Following that allocation, the Applicants allege that the nomination process in Nigeria and at the level of the ECOWAS Commission did not comply with requirements for public advertisement and transparent selection, thereby excluding qualified candidates and undermining due process.

Call for Urgent Intervention

Professor Enabulele, a Professor of Public International Law and Barrister and Solicitor of the Supreme Court of Nigeria, and the CCL, a non-profit advocacy organisation focused on monitoring compliance with ECOWAS laws and promoting accountability within Community institutions, argue that urgent judicial intervention is necessary.

They warn that unless the Court steps in, individuals may be appointed to the ECOWAS Court bench without following proper procedures, potentially affecting the integrity, independence and credibility of the regional judicial institution.

In addition to the substantive suit, the Applicants have filed an application for expedited procedure pursuant to Article 59 of the Rules of the Community Court of Justice, urging the Court to hear and determine the matter urgently.

They maintain that the Respondents are already taking active steps to nominate and appoint judges and that any delay could render the case nugatory if appointments are concluded before judgment.

The Applicants have also filed a motion seeking interim restraining orders to halt any further steps in the nomination and appointment process pending the determination of the suit.

Reliefs Sought

Among the reliefs sought are declarations that the nomination and appointment process must strictly comply with the Rules of Procedure of the ECOWAS Community Judicial Council and the Protocol on the ECOWAS Court of Justice.

They are also seeking orders compelling the publication of vacancies for judicial positions and directing the Respondents to publish the names and curriculum vitae of nominated candidates to enable Community citizens to comment.

The Applicants further ask the Court to prohibit the Community Judicial Council from accepting nominations obtained without proper advertisement and to issue such further orders as may be necessary to preserve the integrity of the Court.

The Respondents are required to file their defence within 15 days of service, failing which the Applicants may proceed and judgment may be delivered in their absence.

The Centre for Community Law said the suit is aimed at safeguarding the rule of law within ECOWAS institutions and ensuring that judicial appointments to the Community Court reflect transparency, merit and strict compliance with governing legal instruments.

No hearing date has been fixed.