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ECOWAS Court commits to improve efficiency, seeks enforcement of judgments

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The Economic Community of West African States (ECOWAS) Court of Justice concluded its three-day Judicial Retreat on November 27th, 2024, with a renewed commitment to enhancing its efficiency and ensuring the enforcement of its judgments.

President Ricardo Cláudio Monteiro Gonçalves pledged to implement all resolutions adopted during the retreat, which focused on improving case management and streamlining internal processes.

The retreat, themed “Judicial Case Management: Relation Between the Office of the Honourable President, Honourable Judges, Registry Department, and Legal Research & Documentation Department,” brought together judges, directors, and staff to address critical issues hindering the court’s optimal performance.

Discussions centred on key areas including:

Enforcement of Judgments: A major concern highlighted was the lack of consistent enforcement of court decisions by member states. While the court has delivered significant rulings, particularly in human rights cases, the Chief Registrar, Dr. Yaouza Ouro-Sama, acknowledged this as a persistent challenge.

He confirmed that the ECOWAS Commission is awaiting the Council of Heads of State to enact sanctions against non-compliant member states, a process expected to conclude in December.

Standardisation of Procedures: Participants worked towards standardizing rulings and orders, resolving discrepancies between common and civil law practices regarding interlocutory applications and motions, and establishing guidelines for translating court decisions.

They also explored improved collaboration between the research department and judges’ chambers.

Streamlining Internal Processes: The retreat examined the implementation of writs of execution in member states and proposed measures to monitor the implementation of its resolutions.

President Gonçalves emphasised that a system will be put in place to track progress and prevent the recurrence of previously addressed issues.

Furthermore, the status of recommendations from past retreats will be evaluated and action taken where necessary.

Honourable Vice-President Justice Sengu Mohamed Koroma lauded the participants’ teamwork and professionalism, emphasising that the retreat marked the beginning of a journey towards setting optimal operational standards for the court.

President Gonçalves, in opening the retreat, also highlighted the validation of key draft texts, including a strategy on arbitration, proposed amendments to the Court’s Protocols, and new instructions for the Chief Registrar.

A committee was established to monitor the implementation of recommendations from the retreat.

While acknowledging the significant strides made in delivering informed judgments, particularly on human rights violations, the court remains focused on overcoming the crucial hurdle of ensuring effective enforcement of its decisions.

The ongoing efforts to sensitize member states and community institutions, coupled with the anticipated sanctions, are seen as vital steps towards achieving this goal and solidifying the ECOWAS Court’s role as a powerful instrument for justice within the West African region.

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