In a landmark decision, the Economic Community of West African States (ECOWAS) Court of Justice dismissed an application filed by former National Security Adviser, retired Col. Sambo Dasuki. The application sought to compel the Nigerian government to enforce a judgment delivered in his favor on October 4, 2016.
Dasuki had previously filed a suit marked ECW/CCJ/JUD/23/16, where Justice Friday Nwoke declared the government’s action against him as “arbitrary, unlawful, a mockery of democracy and the rule of law, and a violation of local and international rights to liberty”. The court had further held that the government’s action violated Dasuki’s rights under the African Charter of Human and People’s Rights (ACHPR) and the International Convention on Civil and Political Rights (ICCPR).
The court had ordered the release of all the seized properties of the applicant, as well as the payment of N15,000,000 damages to him. Following the federal government’s failure to comply with and enforce the said judgment, Dasuki filed the application before the court for its enforcement.
However, in a surprising turn of events, Justice Sengu Koroma, the Judge Rapporteur, while delivering judgment in Abuja on Dasuki’s application for enforcement, dismissed it on the ground that the court lacked jurisdiction to entertain or enforce the earlier judgment. Koroma stated that the court was guided by laid down procedures regarding the enforcement of its judgments as enshrined in the Community Law, and the proper party to institute an enforcement failure claim.
“Having thoroughly assessed the claims and constitutive texts of the Court, it lacks the competence to adjudicate the present claim,” the court said. This decision has sparked a new debate on the powers and jurisdiction of the ECOWAS court.
Earlier at the hearing of the matter, the federal government denied Dasuki’s allegations, stressing that the properties being claimed by Dasuki were subjects of ongoing criminal proceedings, which he did not disclose in the suit. The respondent’s counsel argued that the government had already fulfilled its obligations, adding that the court’s Chief Registrar had issued a Writ of Execution, making the relief prayed for by the applicant unnecessary.
This case has brought to light the complexities of enforcing judgments in international courts and the challenges faced by individuals seeking justice. It also raises questions about the effectiveness of regional courts in protecting human rights and upholding the rule of law.
While the decision has been a setback for Dasuki, it has provided an opportunity for legal scholars, practitioners, and policymakers to reflect on the mechanisms for enforcing judgments of regional courts. It underscores the need for robust systems that ensure compliance with court judgments and respect for human rights.
In conclusion, the dismissal of Dasuki’s application by the ECOWAS court marks a significant moment in the jurisprudence of the court. It serves as a reminder of the challenges in enforcing international judgments and the continuous struggle for the protection of human rights in the region. As the dust settles on this case, one can only hope that it will lead to constructive dialogue and reforms in the enforcement of regional court judgments.
