Falana urges ECOWAS to establish A-Court over conflicting judgments

By Henry Ojelu

Human rights lawyer, Mr. Femi Falana, SAN, has called on the Economic Community of West African States, ECOWAS, to establish an appellate division for the ECOWAS Court of Justice, citing conflicting judgments and the absence of a review mechanism.

In a letter dated June 29, 2026, to the President of the ECOWAS Commission, Dr. Omar Touray, Falana argued that the regional court’s status as a court of first and last resort has raised concerns about fairness and consistency in its decisions.

“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,” he said.

Falana noted that Nigeria’s Attorney-General and Minister of Justice, Prince Lateef Fagbemi, SAN, had also expressed concern over the lack of an appellate mechanism, saying, “The absence of a separate appellate mechanism limits access to justice, especially in cases where errors of law or procedure may have occurred.”