Weakening National Judicial Institutions and the Rescue Mission of Regional Courts: A Critical Assessment of the ECOWAS Community Court of Justice

Abstract

Regional courts are currently functioning effectively in the continent of Africa in response to the progress in economic assimilation initiatives. The Economic Community of West African States (ECOWAS) Community Court of Justice (ECCJ) has been particularly active, handing out rulings on subjects ranging from human rights infringements, the validity of national elections, to the freedom of movement. Further, the judiciary is responsible for the interpretation of laws within the state, a position which is generally altruistic for most constitutional arrangements in the West African sub-region. However, democratic governance, in most of the states constituting the ECOWAS, is challenged by power dynamics that have created a senior/junior partnership relationship among the arms of government; and in particular, the dominance of the executive over other arms of government. This state of affairs affects mostly the judiciary, and by extension impacts litigants’ confidence in the judicial systems within the sub-region. This consequently explains citizens’ options to approach the ECCJ for resolution of disputes. This paper seeks to interrogate the causes that have weakened judicial systems within the sub-region, using Nigeria as a case study to determine how the ECCJ intervenes on such matters and the challenges regarding the execution of its judgments. Further comparative analysis of the SADC Tribunal shall be explored. The paper concludes by providing possible ways for the judiciary to navigate the challenges and also recommending how the justice sector can generally be strengthened.