{"id":128024,"date":"2026-06-30T21:29:11","date_gmt":"2026-06-30T20:29:11","guid":{"rendered":"https:\/\/pointblanknews.com\/pbn\/?p=128024"},"modified":"2026-06-30T21:29:11","modified_gmt":"2026-06-30T20:29:11","slug":"falana-urges-ecowas-to-establish-appellate-division-for-regional-court","status":"publish","type":"post","link":"https:\/\/pointblanknews.com\/pbn\/news\/falana-urges-ecowas-to-establish-appellate-division-for-regional-court\/","title":{"rendered":"Falana urges ECOWAS to establish appellate division for regional court"},"content":{"rendered":"
By John Azu<\/strong><\/div>\n
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Human rights lawyer\u00a0Femi Falana (SAN)<\/strong>\u00a0has called on the Economic Community of West African States (ECOWAS) to establish an appellate division for the ECOWAS Community Court of Justice, arguing that it would strengthen the court’s judicial capacity and boost the confidence of member states in its decisions.<\/p>\n

In a letter dated\u00a0June 29, 2026<\/strong>, titled\u00a0“Request to Establish the Appellate Division of the ECOWAS Court,”<\/strong>\u00a0and addressed to the President of the ECOWAS Commission,\u00a0Dr Omar Alieu Touray<\/strong>, Falana said the regional court was created as the Community’s principal judicial organ under\u00a0Article 15 of the ECOWAS Revised Treaty<\/strong>\u00a0and is listed as one of the Community’s institutions under\u00a0Article 6<\/strong>.<\/p>\n

He noted that while the court’s judgments are final and binding on all ECOWAS member states, the absence of an appellate mechanism has remained a significant institutional gap.<\/p>\n

“The judgments of the Ecowas Court are final and binding on all member states. It is a court of first and last resort as its judgments are not subject to appeal. The absence of a supervisory appellate mechanism means that aggrieved litigants cannot challenge errors of law or procedure, which has led some member states to cite fairness concerns as a reason for not fully complying with or enforcing the decisions of the Court,” he said.<\/p><\/blockquote>\n

Falana argued that creating an appellate division would enhance judicial accountability, improve transparency and reinforce confidence in the court’s decisions among member states.<\/p>\n

“This absence of an appellate system has been a primary concern for member states that advocate for an appeal structure to ensure greater judicial fairness and transparency. The Government of Nigeria has demanded that an appellate division be set up to review the judgments of the Court,” he said.<\/p><\/blockquote>\n

The senior advocate also reminded the ECOWAS Commission that the proposal is not new. According to him, the\u00a035th Ordinary Session of the ECOWAS Council of Ministers<\/strong>, held in\u00a0Abuja in June 2005<\/strong>, had already approved the establishment of an appellate division for the court.<\/p>\n

He said the Council subsequently directed the ECOWAS Commission to work with the management of the court to conduct feasibility studies aimed at implementing the decision.<\/p>\n

“Specifically, the Ecowas Commission was mandated to carry out feasibility studies in collaboration with the management of the Court in order to implement the decision of the Council of Ministers,” he added.<\/p><\/blockquote>\n

Falana urged the Commission to revive and implement the long-standing decision, maintaining that an appellate division would strengthen the credibility, fairness and effectiveness of the ECOWAS Court while encouraging greater compliance with its judgments across member states.<\/p>\n

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