Fagbemi Calls for Appellate Mechanism in ECOWAS Court

…Insists Absence of Appellate Court at Regional Level Undermines Access to Justice

By: Michael Mike

The Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi has called for the establishment of an appellate mechanism within the ECOWAS Court of Justice, stating that the absence of such mechanism continued to undermine access to justice in the region.

Speaking at the opening ceremony of the 2025/2026 legal year of ECOWAS Court, Fagbemi said while the finality of judgments is crucial, fairness also demands that decisions be open to review in order to correct possible errors of law or procedure.

Fagbemi while noting that the absence of appellate court at the regional level is a letdown, said: “It is concerning that there is currently inadequate room for appeal against the judgments of the ECOWAS Court. While finality is important, justice must also be seen to be fair and revisable,” insisting that: “The absence of a separate appellate mechanism limits access to justice. As we expand the Court’s reach, we must also ensure that its decisions are subject to the same standards of review and accountability that underpin robust judicial systems.”

He urged the Court to draw lessons from other regional judicial institutions such as the European Court of Human Rights, the East African Court of Justice and the Inter-American Court of Human Rights, which, according to him, offer valuable models of transparency, judicial independence and procedural innovation.

He however restated Nigeria’s support for the ECOWAS Court as host country, describing it as central to regional integration, human rights enforcement and stability. “Nigeria remains steadfast in its support for the ECOWAS Court of Justice… I pledge to continue advocating for legal reforms that align domestic laws with regional obligations while respecting our constitutional order and national interests,” Fagbemi added.

Also speaking, the President of Cabo Verde, José Neves, said community justice remains vital for Africa’s credibility in global affairs. He stressed that strengthening institutions such as the ECOWAS Court was essential for peace, democracy and integration on the continent.

He said: “In a continent still marked by border disputes and recurring tensions, the existence of an independent and respected community tribunal is a civilisational triumph that we must preserve and enhance,” Neves said. He noted that access to the Court by individual citizens was one of the most significant gains of regional integration, as it brings justice closer to the people.

Neves also called for reforms within African sub-regional bodies to make them more effective in addressing contemporary challenges such as insecurity, institutional fragility, migration and climate change.

In his address, the President of the ECOWAS Court, Justice Ricardo Goncalves, disclosed that the Court handled 34 new cases in the past year, including matters relating to civil and political rights, economic freedoms, and disputes between member states.

He also revealed that the Court held 79 judicial sessions and issued 54 rulings, many of which reaffirmed key principles such as the justiciability of socio-economic rights and the supremacy of community law over conflicting national legislation. According to him, 112 cases are currently pending before the Court.

Fagbemi Calls for Appellate Mechanism in ECOWAS Court