The Federal Government has asked the Court of Justice of the Economic Community of West African States, ECOWAS, to refrain from issuing unenforceable orders and judgements.
The Attorney-General of the Federation and Minister of
Justice, Prince Lateef Fagbemi, SAN, who represented FG at the opening session
of the statutory meeting of the ECOWAS Judicial Council, held in Abuja on
Tuesday, said it was important for the regional court to pay attention to the
peculiarities of member states.
He decried that some judicial pronouncements that emanated
from the ECOWAS court, were “practically incapable of enforcement.”
Besides, the AGF said there was “dire need to promote and
deepen alternative dispute resolution measures within the region.”
He said: “Let me use this opportunity to commend the
distinguished justices of the Community Court who have continued to work tirelessly
to adjudicate over cases in a manner as to inspire confidence in the Courts
ability to meet the demands of litigants, that is, resolution of disputes.
“By so doing, the Court contributes to the maintenance of
peace and stability in the region. The various national judicial systems in
member States are also expected to play these critical roles of nation and
regional building.
“You may recall that in January 2005, the Community adopted
the Additional Protocol to permit persons to bring suits against Member States.
The jurisdiction of the ECOWAS Court of Justice was expanded to include cases
of violations of human rights in all Member States.
“The language of the Additional Protocol also made it clear
that the sources of law to be applied by the Court under its original Protocol
would include not only general principles of international law, but also human
rights laws.
“The extensive jurisdiction conferred on the ECOWAS Court
therefore calls for recruitment of jurists with extensive experience, expertise,
high moral character and discipline. It is for this reason that the ECOWAS
Judicial Council was established in 2006 and charged with the responsibility
for recruitment and discipline of judges of the Community Court of Justice.
“It is worthy of note that the ECOWAS Judicial Council plays
a crucial role in advancing justice delivery and access to justice by
recruiting individuals with requisite experience and capacity to handle the
myriad of cases brought before the Courts.
“As we are all well aware, we are in an era where the
foundational principles of the Economic Community of West African States are
being tested and this reinforces the need for the Community’s Justice System to
respond appropriately to contemporary issues in order to engender justice,
fairness and inspire confidence in Community citizens.
“It is therefore critical that the Community Court of
Justice continues to undergo necessary reforms to bring it in tandem with the
current exigencies and manage the challenges associated with justice delivery
in the region.
“The Court must adopt strategies that strengthen its
jurisdiction, whilst appreciating the jurisdictional boundaries of the Court
and limiting unnecessary conflict with domestic laws of member States.
“It is important for the Court to pay attention to the
peculiarities of member States and refrain from issuing orders and judgments
that are practically incapable of enforcement,” the AGF added.
In his opening address, the Chief Justice of Nigeria, CJN,
Justice Olukayode Ariwoola, who is the Chairman of the ECOWAS Judicial Council,
said the body would continue to play a vital role towards ensuring a more just,
peaceful and integrated West Africa.
The CJN said the Council was determined to safeguard the
autonomy of courts and judges so as to ensure fair and impartial adjudication
of disputes.
However, he advocated for the unification of laws within the
ECOWAS region.
“In a region characterized by diverse legal systems and
traditions, the harmonization of laws and legal practices is essential for
promoting regional integration and cooperation,” the CJN stated.
On his part, the President of ECOWAS Commission, Mr. H. E.
Omar Touray, said the meeting, which had Chief Justices of ECOWAS member states
in attendance, would help the region to address issues affecting the effective
operation of the Community Court and to ensure excellence, high standards of
conduct among the judges with regard to their independence, impartiality, and
diligence.
“The enforcement of the judgements of the Community Court
has remained a major issue in the effective delivery of the mandate and
responsibility of the judicial institution to the community citizens.
“The supplementary protocol relating to the Community Court
provides a role for the national judicial institutions in the enforcement of
these judgements. I believe that it is time for deliberate action to be taken
to address this challenge.
“In this era, where instability and insecurity are
overwhelming our community, the role of the justice sector is crucial in
conflict prevention, through the promotion and defence of the rule of law and
human rights.
“It is therefore crucial to institutionalise a more regular
meeting of the Judicial Council to ensure that the activities of the Court
benefit from the regularly review and guidance of the Council,” he added.
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