A civil society, Digicivic Initiative have Pressed for Accountability Over Unimplemented ECOWAS court rulings.
In a Speech on the enforcement of ECOWAS court judgement delivered by Mojitayo Ogunlana and made available to BarristerNG, the group noted that “authority of a court lies not only in the wisdom of its judgments but in the willingness of States to honour them.”
Read the full address below
Speech on the Enforcement of ECOWAS Court Judgments
Honourable President of the Community Court of Justice, Honourable Judges of the Community Court of Justice, distinguished Court officials, representatives of government institutions, esteemed colleagues from the civil society, members of the legal community, ladies and gentlemen,
I stand before you today as a legal practitioner of over 14 years at the bar and one who has approached this court for redress since 2016, roughly 10 years. I have had the opportunity to represent both individuals and organizations across the West African region before this Honourable Court and it is a privilege to be asked to speak as someone in the civil society space and a citizen of a region who has committed herself through law and shared values to justice, human rights, and the rule of law. Our discussion today concerns a matter that goes to the heart of these commitments: the enforcement of judgments of the ECOWAS Community Court of Justice, and specifically the reality that Nigeria currently has approximately 50 judgments that remain unenforced.
The ECOWAS Court was established not merely as a symbolic institution, but as a mechanism to ensure accountability, protect fundamental rights, and strengthen regional integration grounded in justice. Over the years, the Court has become a critical avenue for victims of human rights violations, especially where domestic remedies are ineffective, delayed, or inaccessible. Many of these litigants come to the Court not to challenge states for political reasons, but because they seek justice, recognition, and reparations.
Yet, a judgment without enforcement is justice deferred and, in many cases, justice denied.
Today I speak with a sense of urgency, because delayed justice is not an abstract legal concept — it is a lived reality for people whose rights have been violated and who continue to wait for a remedy, a form of closure for the disruption to their lives and peace of mind which ordinarily they should enjoy as citizens entitled to equality under the law. Unfortunately, this is not the case. I cite one example that continues to haunt me. The case of Beauty Igbobie Uzezi, known as the Airforce woman’s case, who brought before this honorable court, a systemic failure that has affected so many women in the Nigerian Airforce, too scared to have a voice. In her case, she submitted the fact that In 2011, at age 19, she was brutally raped by a superior officer, Flight Lieutenant B.S. Vibelko. She submitted that after reporting the rape, she faced intimidation and harassment, including being locked in a guardroom, beaten to a coma, and denied promotion. She was later dismissed from the Air Force in 2015 without proper court-martial procedures. After presenting her case, following a careful analysis of the complicit position of the Nigerian government, this Court held that this victim was wrongly dismissed, the dismissal illegal and her fundamental rights violated. In this vein, awarded $200,000 in damages to be paid by the Nigerian government., Conversion of her dismissal to retirement with full benefits, and an order for the NAF to investigate and prosecute the superior officer, Mr. Vibelko.
For two years back to back, 2023-2025, I had the opportunity to represent this woman on her journey to get the judgment of this court enforced. We wrote the AGF on numerous occasions that I have lost count, copied the Nigerian Airforce, tried to get an audience with the AGF on this matter to no avail as there was a constant feedback that every time we wrote, the letters were not found in the records of the Ministry of Justice. Today, Uzezi is over 35 years old, living like a dead woman, easily offended, accusatory in dealing with her lawyer, in fact, a completely depressed and crushed human walking amongst us without getting the justice she deserved while the officer who allegedly put her in this position continues to rise through the ranks. This officer, fully named and identifiable, yet untouchable.
That is one story amongst many. It is recorded that Nigeria currently has about fifty judgments of the ECOWAS Community Court of Justice that remain unenforced. Behind each case is a citizen, a family, or a community still waiting for justice to become real.
The ECOWAS Court exists because our region accepted that human rights protection cannot stop at national borders. It was created to provide accountability where domestic systems fail or fall short. And one of the commendable ways that has served as a beacon of hope for many litigants is the uniqueness of this Court to be activated without exhausting local remedies. Otherwise, the situation would have been worse.
However, when judgments are ignored or delayed indefinitely, the promise of regional justice becomes hollow. When court decisions remain unenforced, several harmful consequences follow.
First, it weakens the credibility of the regional judicial system. Citizens begin to question whether legal victories have practical value when state compliance is uncertain.
Second, non-enforcement undermines public confidence in the rule of law domestically. If a state participates in creating a court but fails to comply with its rulings, it sends a troubling message about the hierarchy of legal obligations.
Third, victims are left in prolonged uncertainty. Behind every unenforced judgment is a person or community whose rights were violated, and whose hope for remedy remains unfulfilled.
Nigeria has historically played a leadership role within ECOWAS – politically, economically, and institutionally. It has supported regional peacekeeping efforts, democratic transitions, and legal cooperation. It is therefore both fair and necessary to expect Nigeria to lead equally in compliance with regional judicial decisions.
Civil society recognizes that enforcement challenges can stem from complex issues: institutional coordination gaps, administrative delays, budgetary constraints, and in some cases, limited awareness among implementing agencies. However, these challenges must not become permanent justifications for inaction.
Instead, they should motivate reform.
I propose several pathways forward:
1. Institutional Coordination Mechanisms
Nigeria should establish a clear national framework for the implementation of ECOWAS Court judgments, including designated focal agencies responsible for tracking and execution.
2. Judicial and Executive Dialogue
Structured engagement between national judges, government ministries, and the ECOWAS Court can help bridge misunderstandings regarding legal obligations and implementation procedures.
3. Parliamentary Oversight
National legislatures should play a stronger role in monitoring state compliance with regional court decisions and ensuring necessary legislative or budgetary actions.
4. Public Accountability and Transparency
A publicly accessible register of ECOWAS judgments and the status of implementation would foster accountability and encourage progress.
5. Capacity Building and Awareness
Training for judges, legal practitioners, and public officials on regional law would help mainstream compliance within national legal culture.
Civil society is not here merely to criticize. We are partners in strengthening justice systems. We stand ready to collaborate with governments, regional bodies, and the judiciary to build frameworks that make enforcement achievable and sustainable.
Distinguished participants and guests,
The authority of a court lies not only in the wisdom of its judgments but in the willingness of States to honour them. Enforcement is not an optional act of goodwill; it is a legal and moral obligation arising from membership in a rules-based regional community.
If the ECOWAS Court is to remain meaningful to ordinary citizens, its judgments must translate into real outcomes such as compensation paid, rights restored, and violations prevented from recurring.
Nigeria, as a regional leader, has an opportunity to set a powerful example by turning pending judgments into concrete action. Doing so would reaffirm its commitment to justice, strengthen regional institutions, and send a clear signal that the rule of law extends beyond borders.
Let us therefore move from judgment to justice, from decisions on paper to change in reality.
Thank you for your kind attention,
Mojirayo Ogunlana,
Digital, Media and Gender Rights Activist,
Executive Director,
Digicivic Initiative
Speaking on behalf of the Civil Society in Nigeria.