By Taiwo Olamide Oluboyo
The Trustees of the Centre for Community Law (CCL), a Nigerian-registered NGO, and ProfessorAmos Osaiogbovo Enabulele have instituted legal proceedings against the ECOWAS Commission and the Federal Government of Nigeria, challenging the “unlawful” nomination and appointment of judges to the Community Court of Justice.
The suit filed at the ECOWAS Court of Justice in Abuja on 6th February 2026 was formally registered on 12th February 2026 with reference No. ECW/CCJ/APP/08/26,
The CCL and Professor Enabulele are listed as Applicants, while the ECOWAS Commission and the Federal Republic of Nigeria are named as Respondents.
The Applicants contend that the “process for nominating judges to the ECOWAS Court failed to comply with the mandatory provisions of the Rules of Procedure of the ECOWAS Community Judicial Council and Article 3(1) of the Protocol on the ECOWAS Court of Justice.”
They are also praying the Court to determine, among other issues, “whether it is lawful for (ECOWAS) Member States, particularly Nigeria, to nominate and appoint judges (to the Court) without adhering strictly to the prescribed procedures and mandatory requirements, including wide publicity of vacancies and transparent selection processes.”
The Applicants argue that the “ECOWAS Commission requested nominations from Member States without ensuring compliance with the established rules designed to guarantee transparency, competitiveness, and merit-based selection.”
In support of their claims, the Applicants “rely on paragraph 47(xi) of the Final Communique” of the Sixty-Eighth Ordinary Session of the ECOWAS Authority of Heads of State and Government, held on 14th December 2025 in Abuja.
The Communique, annexed as Exhibit C to the application, stated that Nigeria, Benin, Liberia, The Gambia and Togo were chosen to nominate the next college of judges for the ECOWAS Court.
The Applicants said that, following the allocation, “the nomination process in Nigeria and at the level of the ECOWAS Commission did not comply with the requirements for public advertisement and transparent selection, thereby excluding qualified candidates and undermining due process”
Enabulele, the first Applicant, is a Professor of Public International Law, Barrister and Solicitor of the Supreme Court of Nigeria, while the CCL, the second Applicant, is a non-profit advocacy organisation, whose objectives include monitoring compliance with ECOWAS laws and promoting accountability within Community institutions.
The Applicants argue that unless the Court “intervenes, individuals may be appointed to the ECOWAS Court bench without following proper procedures, thereby affecting the integrity, independence, and credibility of the regional judicial institution.”
In addition to the substantive suit, the Applicants have also filed an Application “for Expedited Procedure pursuant to Article 59 of the Rules of the Community Court of Justice, urging the Court to determine the matter urgently.”
They said that the “Respondents are taking active steps to nominate and appoint judges and that any delay could render the case nugatory if appointments are concluded before judgment.”
Furthermore, a Motion by the Applicants for Interim Orders “is seeking restraining orders against the Respondents to halt any further steps in the nomination and appointment of judges pending the determination of the suit.”
Among the reliefs sought by the Applicants in the originating application are declarations that the nomination and appointment process must strictly comply with the Rules of Procedure of the ECOWAS Community Judicial Council and the Protocol on the ECOWAS Court of Justice.”
They are also seeking “orders compelling the publication of vacancies for judicial positions and directing the Respondents to publish the names and curriculum vitae of nominated candidates to enable community citizens to comment.”
The Applicants further pray the Court “to prohibit the Community Judicial Council from accepting nominations obtained without proper advertisement and to issue such further orders as may be necessary to preserve the integrity of the Court.”
The Respondents are required to file their defence within fifteen days of service, failing which the Applicants may proceed, and judgment may be given in the Respondents’ absence.
The Centre for Community Law said the “suit is aimed at safeguarding the rule of law within ECOWAS institutions and ensuring that judicial appointments to the Community Court reflect transparency, merit, and strict compliance with the governing legal instruments.” No date has been fixed for the case hearing.
*Taiwo Olamide Oluboyo is a Lawyer with the Centre for Community Law*