The ECOWAS Community Court of Justice has been thrust into a peculiar legal battle, with one of its own Presidents named as a respondent. The Registered Trustees of the Centre for Community Law, a Nigerian non-governmental organisation, have filed a suit before the Court against key ECOWAS institutions, alleging severe violations of the bloc’s governing treaty and appointment procedures.

In Suit No. ECW/CCJ/APP/66/25, dated 29th December 2025, the CCL sued the ECOWAS Council of Ministers, the President of the ECOWAS Commission, and the President of the ECOWAS Court of Justice. The case centres on the appointment and swearing-in of Dr. Habibu Yaya Bappah as Commissioner for Internal Services at the ECOWAS Commission.

The Applicants allege the Respondents acted unlawfully and in disregard of the ECOWAS Revised Treaty, particularly by proceeding with the appointment while a related matter was pending before the same Court. Through its counsel, Olufemi Ubose, Esq., the Centre is asking the Court to determine several critical issues. These include whether it was lawful for the President of the ECOWAS Court of Justice to swear in Dr. Bappah at the instance of the Council of Ministers, and whether such action is permissible given that the same Court President is currently presiding over a connected case concerning the same office. The Applicant also questions whether the appointment complied with the Revised Treaty, especially as no fresh interview was conducted.

The core of the dispute lies in the ranking of candidates. The Centre contends that Dr. Bappah emerged third in the prior selection interview, behind Prof. Nazifi Abdullahi Darma, who came first, and Mrs. Chizoba Mojekwu, who came second. Citing the report of the ECOWAS Ad Hoc Ministerial Committee on the Selection and Evaluation of Statutory Appointees, the CCL argues that due process mandates the appointment of the next highest-ranked candidate, not the lowest-ranked among those shortlisted. “Due process requires that the next highest-ranked candidate be appointed, not the lowest-ranked among shortlisted candidates,” the suit argues, based on the Committee’s report.

The case is directly linked to an earlier suit, ECW/CCJ/APP/54/25, filed by Prof. Darma challenging his removal from office without a hearing. The Applicants expressed profound concern that the President of the ECOWAS Court, who is presiding over Prof. Darma’s matter, proceeded to swear in a successor. The CCL describes this action as “a breach of judicial integrity and a violation of the Court’s governing protocols.”

Among the reliefs sought, the Centre asks the Court to declare Dr. Bappah’s appointment and swearing-in unlawful, to hold that the President of the ECOWAS Court violated his oath of office, and to rule that the process breached ECOWAS rules on merit-based recruitment. The Applicants also seek an order for either the appointment of the second-ranked candidate, Mrs. Mojekwu, or the conduct of a fresh interview, alongside guarantees of non-repetition.

The Centre issued a stern warning about the broader implications. It stated that allowing the Respondents’ actions to stand “would further erode public confidence in ECOWAS institutions and undermine the rule of law within the Community.”

The suit was filed by Olufemi Ubose, Esq., on behalf of the Centre for Community Law, an organisation described as committed to promoting the rights of ECOWAS citizens and upholding the rule of law within the Community.