ABSTRACT

The Community Court of Justice of the Economic Community of West African States (ECOWAS) plays a crucial role in conflict resolution within the West African region. This study appraises the legal mandate, structure, and effectiveness of the Court in promoting peace, stability, and justice. Through an analysis of its foundational treaties, case law, and institutional functions, the study evaluates how the Court has evolved into a key instrument for adjudicating disputes and protecting human rights in the region.

The appraisal begins with an overview of the ECOWAS Court’s establishment under the 1991 Protocol on the Community Court of Justice. Initially created to resolve economic disputes between member states, the Court’s jurisdiction has expanded to include human rights cases, making it an essential player in addressing violations arising from conflicts. This development has allowed individuals and organizations to bring cases directly to the Court, broadening access to justice in the region.

The study then explores the Court’s role in conflict resolution, focusing on landmark cases that demonstrate its impact. Notable cases such as SERAP v. Nigeria and Moussa Leo Keita v. The Republic of Mali are analyzed for their significance in protecting human rights and preventing further conflict. By adjudicating disputes related to government accountability, political violence, and human rights violations, the Court has helped to de-escalate tensions and foster stability in member states.

The legal framework governing the ECOWAS Court is examined, with emphasis on the 2005 Supplementary Protocol, which expanded the Court’s jurisdiction and strengthened its capacity to handle human rights cases. The Court’s integration with the broader ECOWAS peace and security architecture, including its collaboration with the ECOWAS Mediation and Security Council, is also discussed. This synergy has allowed the Court to contribute to both judicial and non-judicial conflict resolution mechanisms in the region.

Despite its successes, the study highlights several challenges that hinder the Court’s full potential in conflict resolution. These include issues related to the enforcement of its judgments, limited financial resources, and varying levels of compliance by member states. Additionally, political interference and the lack of a comprehensive legal framework for ensuring the Court’s decisions are respected pose obstacles to its effectiveness.

In conclusion, the ECOWAS Community Court of Justice has made significant strides in conflict resolution and human rights protection in West Africa. However, strengthening enforcement mechanisms, ensuring member state compliance, and securing adequate resources are necessary steps for enhancing the Court’s role in fostering peace and justice in the region.

Keywords: ECOWAS Court of Justice, conflict resolution, human rights, West Africa, judicial mechanisms, peace and security, compliance, enforcement.