ABSTRACT

The Economic Community of West African States (ECOWAS) Treaty provides a framework that integrates both economic development and human rights protection within its member states. This study appraises the legal and institutional framework under the ECOWAS Treaty, focusing on its provisions for economic cooperation and human rights promotion. Using Nigeria as a case study, the research explores how the ECOWAS Treaty has been implemented to foster economic growth and safeguard human rights.

The analysis begins by examining the ECOWAS Treaty’s dual mandate: promoting economic integration and upholding human rights standards. The Treaty, initially aimed at economic cooperation, evolved over time to include human rights obligations. The Supplementary Protocol on Democracy and Good Governance (2001) and the ECOWAS Protocol on the Mechanism for Conflict Prevention, Management, Resolution, Peacekeeping, and Security (1999) are critical to understanding this development. These legal instruments establish a framework for member states to pursue democratic governance, uphold the rule of law, and protect the fundamental rights of citizens, ensuring that economic development aligns with human rights principles.

Nigeria, as a leading member of ECOWAS, provides a significant case study to assess the implementation of these frameworks. The study reviews Nigeria’s compliance with ECOWAS treaties and protocols on both economic and human rights fronts. Economically, Nigeria has benefited from the free movement of goods, capital, and people within the ECOWAS region, fostering regional trade and investment. However, challenges such as economic instability and barriers to market access remain. The study highlights initiatives such as the ECOWAS Common External Tariff (CET) and trade liberalization programs as pivotal tools for economic integration in Nigeria.

On the human rights side, the research evaluates Nigeria’s record in adhering to ECOWAS human rights frameworks. The ECOWAS Community Court of Justice (ECCJ), which allows individuals to file human rights cases against member states, has been instrumental in protecting rights in Nigeria. Cases such as SERAP v. Nigeria demonstrate how the Court has addressed issues like corruption, electoral violence, and government accountability, enforcing Nigeria’s obligations under the ECOWAS human rights protocols. Despite these advancements, challenges persist, including political interference, inadequate enforcement of court rulings, and issues related to civil liberties, governance, and security.

In conclusion, while Nigeria has made significant progress in implementing the ECOWAS framework for economic cooperation and human rights protection, there are gaps that need to be addressed. Strengthening institutional capacity, ensuring compliance with ECOWAS Court decisions, and overcoming economic challenges are key to realizing the full potential of the ECOWAS Treaty in Nigeria.

Keywords: ECOWAS Treaty, economic integration, human rights, Nigeria, ECOWAS Court of Justice, regional cooperation, governance, trade liberalization.