ECOWAS court rulings: Diop urges Member States compliance

President of the ECOWAS Commission, General Birame Diop, pledged to persist in engaging with Member States regarding the implementation of ECOWAS Court of Justice decisions. This commitment was expressed during the opening of the 2026 International Conference of the ECOWAS Court of Justice in Dakar, Senegal. Mr. Gaye Sowe, Director of Legal Affairs at the ECOWAS Commission, delivered Diop's address, which emphasized the importance of addressing the gap between the authority of the Court's decisions and their execution, as a significant test of the credibility of the Community legal order.

Diop applauded the Court for selecting the lack of implementation as an issue for discussion and committed the Commission to working closely with Member States to designate competent national authorities for enforcement, keep compliance on the agenda, and consider practical monitoring mechanisms recommended by the Conference. He highlighted the role of various stakeholders, including national human rights institutions, civil society, and the media, in ensuring that the law becomes a reality in people's lives.

Acknowledging the impact of technology on global issues, Diop warned that artificial intelligence would shape court proceedings, governmental decisions, and citizen protection. He urged West Africa not to be a passive consumer of external rules but to build on its existing legal framework, particularly the Supplementary Act on Personal Data Protection (2010), to create digital age frameworks that align with African values, human purposes, and accountability.

Diop also presented the gathering with questions regarding an Appellate Chamber, activating the Court's arbitration mandate, and the Court's interface with the African Continental Free Trade Area. These matters are crucial for the architectural framework of the ECOWAS Treaty, Protocols, and Acts, and any proposed reforms would require adherence to the Community's processes and the collective will of Member States.

The ECOWAS President assured the Conference that the Commission would receive recommendations with an open mind and implement them seriously. Hon. Justice Recardo Claudio Monteiro Goncalves, President of the Community Court of Justice – ECOWAS, noted the conference's timing, as the Court celebrates its 25th anniversary. He praised the Court's rich jurisprudence, highlighting its contributions to human rights protection, legal certainty, democratic governance, and regional integration.

However, Justice Goncalves cautioned that the Court stands at a critical juncture, facing challenges such as evolving governance, technological advancements, evolving human rights issues, increased regional mobility, economic transformation, and growing citizen expectations. These factors demand the Court to adapt and innovate continuously to maintain its role as a practical instrument for safeguarding individual rights and strengthening confidence in regional institutions.