Prof Abotsi calls for clearer jurisdictional boundaries to strengthen ECOWAS Court

Prof Ernest Kofi Abotsi, the Dean of the University of Professional Studies, Accra's Law School, has urged the ECOWAS Court of Justice to establish more transparent and predictable jurisdictional boundaries to bolster public faith in the regional judicial body. Abotsi believes that clearly defined principles of jurisdiction would address concerns over national sovereignty, lessen opposition to the Court's rulings, and bolster its legitimacy.

Speaking at the 2026 ECOWAS Court of Justice International Conference in Dakar, Senegal, Abotsi stressed the need for the Court to develop a model of justice that is both legally sound and comprehensible to governments, citizens, lawyers, and other stakeholders. The ECOWAS Court, established under Articles 6 and 15 of the 1993 Revised ECOWAS Treaty, plays a crucial role in regional integration and justice.

However, critics argue that its jurisdictional authority often clashes with member states' sovereignty concerns, leading to resistance against its decisions. Drawing lessons from the European Court of Justice (ECJ), Abotsi suggested that the ECOWAS Court could adopt predetermined rules of jurisdictional self-restraint to ease these concerns.

The ECJ's use of doctrines such as the "purely internal situation" and "scope of EU law" offers potential models for the ECOWAS Court to follow when developing its own jurisprudential and procedural "guardrails." By establishing clearer interpretive models, the ECOWAS Court could help litigants and states understand the principles guiding its jurisdictional decisions, preventing accusations of political interference and maintaining its standing.

Abotsi also highlighted the importance of balancing the Court's principle-driven decisions with their potential impact on regional dynamics. While acknowledging the challenges in dispensing justice in a transnational context, he emphasized the need for the Court to consider the perceptual aspect of its work and how its orders are broadly received.