By Okechukwu Nwanguma
For a country that styles itself as the “Giant of Africa” and a leader in regional integration, Nigeria continues to disgracefully undermine the rule of law by openly refusing to comply with binding decisions of the ECOWAS Community Court of Justice. This persistent disregard is not only unlawful – it is dangerous. It signals that the Nigerian state sees itself as above accountability, beyond scrutiny, and immune to the very norms it helped create.
Nigeria is not just a member of ECOWAS; it is a founding pillar. It hosts some of the most important Community institutions, benefits immensely from regional cooperation, and routinely cites ECOWAS protocols when convenient. Yet, when the same ECOWAS Court orders Nigeria to remedy gross human rights violations, compensate victims, or halt abusive conduct, the Federal Government simply ignores the judgments. Years pass, governments change, treaties remain in force – but Nigeria’s contempt endures.
A Long List of Unpaid Judgments
Several Nigerians who sought justice at the ECOWAS Court have won landmark judgments, only to be abandoned by their own government – left to bear the scars of state abuse without redress, without closure, and without the compensation legally awarded to them.
One of the clearest examples is the case of Agba Jalingo, the journalist arrested and shamefully persecuted for criticizing political leaders. In 2022, the ECOWAS Court awarded him ₦30 million in damages after finding the Nigerian government guilty of violating his fundamental rights. Today, years later, the government has still not paid him a kobo.
The case of Dorothy Njemanze & 3 Others vs. Federal Republic of Nigeria, decided in October 2017, remains another stain. In that judgment, the ECOWAS Court condemned Nigeria’s systematic abuse, intimidation, and sexual violence against women under the pretext of “arresting prostitutes.” The court found Nigeria guilty of gender-based violence and ordered compensation to the victims. Seven years later, the Federal Government still refuses to comply.
More recently, the ECOWAS Court delivered yet another landmark judgment – this time in favour of Miss Glory Okolie, who was illegally detained, tortured, and publicly labelled a criminal without trial. On 21 November 2024, the ECOWAS Court found the Nigerian state guilty of egregious human rights violations and ordered it to pay her ₦70 million in damages. This was in addition to the earlier judgment by the FCT High Court on June 23, 2022, also in her favour. And yet, as of today, not a naira has been paid.
There are many others. But these three cases alone illustrate a disturbing pattern: the Nigerian government commits grave abuses, victims fight for years to secure justice at regional courts, they win… and then Nigeria simply refuses to comply.
A Government Above the Law?
ECOWAS Court judgments are binding on member states under the ECOWAS Revised Treaty, the 2005 Supplementary Protocol expanding the court’s jurisdiction, and International law principles of pacta sunt servanda (“agreements must be honoured”)
Nigeria voluntarily submitted to this court. Nigeria helped empower this court. Nigeria funds this court. But when the court holds Nigeria accountable, Nigeria behaves like a defiant child – ignoring, delaying, trivialising, and undermining decisions that are binding in law.
This is not only a violation of international obligations; it is a direct attack on the rights of citizens and an erosion of Nigeria’s credibility as a democratic state.
Why This Matters for Everyone
Non-compliance with regional court decisions is not a “foreign affairs technicality.” It has real consequences: It emboldens state actors to continue violating rights, knowing there are no consequences.
It undermines the hope of victims, showing that even after winning in court, government impunity still prevails. It damages Nigeria’s moral authority in regional matters, especially when urging other ECOWAS states to follow rules.
It weakens the ECOWAS Court, an institution that protects millions of West Africans from state abuses. It erodes public confidence in the rule of law, fueling cynicism and distrust in institutions. When a government disregards judgments that protect citizens from torture, arbitrary detention, violence, and abuse of power, it signals that human rights only matter when convenient.
Why Does Nigeria Refuse to Pay?
There are two common excuses Nigerian officials offer: “ECOWAS judgments must be domesticated before enforcement.” This is false. The ECOWAS Court’s jurisdiction is directly binding on all member states by treaty obligations. The Federal High Court has also repeatedly held that ECOWAS Court decisions do not require domestic legislation before enforcement.
“There is no budget provision for compensation.”
This is equally untenable. The government budgets billions for political appointees, frivolous trips, security votes, and non-essential luxuries. Yet it cannot budget for victims of abuse whose rights were violated by the same state? It is not a question of budget—it is a question of political will.
A Leadership Failure Across Administrations
This pattern of non-compliance spans multiple administrations—Jonathan, Buhari, and now Tinubu. The institutions responsible—the Ministry of Justice, the Ministry of Finance, and the Presidency—have all failed to enforce compliance. This is not about partisan politics. It is about a systemic culture of impunity.
The Way Forward
If Nigeria is to reclaim its position as a responsible regional leader, it must urgently: Establish a standing mechanism for enforcing ECOWAS Court judgments, including automatic budgetary provisions for compensation. Hold public officials accountable when their actions lead to ECOWAS Court sanctions.
Strengthen the independence of domestic enforcement mechanisms, such as the National Human Rights Commission. Engage civil society in monitoring compliance. Publicly commit to clearing the backlog of unpaid judgments, starting with the cases of Agba Jalingo (₦30m)
Dorothy Njemanze & Ors (2017 judgment)
Gloria Okolie (₦70m)
A Government That Cannot Obey the Law Cannot Protect the People
Nigeria cannot continue to demand obedience from citizens while blatantly disobeying binding court decisions. The rule of law cannot be optional for the government. Human rights judgments cannot depend on political convenience. And justice cannot end in the courtroom – it must be enforced.
If Nigeria continues down this path of contempt, then its commitment to democracy, human rights, and regional integration will remain nothing more than empty rhetoric. Real nations uphold the rule of law. Pretend nations disregard it. It is time for Nigeria to choose which one it wants to be.
