By Orimogunje Samuel
The Registered Trustees of the Centre for Community Law (CCL), a Nigeria-based non-governmental organisation, have instituted a suit before the ECOWAS Community Court of Justice (CCJ) against key ECOWAS institutions over alleged violations of the ECOWAS Revised Treaty and established appointment procedures.
In Suit No. ECW/CCJ/APP/66/25, dated 29th December 2025, the Centre dragged the Council of Ministers, the President of the ECOWAS Commission, and the President of the ECOWAS Court of Justice before the Court, challenging the process that led to the appointment and swearing-in of Dr Habibu Yaya Bappah as Commissioner for Internal Services at the ECOWAS Commission.
According to the Applicants, the Respondents acted unlawfully and without due regard to the ECOWAS Revised Treaty in the handling of the appointment, particularly while a related matter was already pending before the ECOWAS Court.
Through its counsel, Olufemi Ubose, Esq., the Centre is asking the Court to determine, among other issues, whether it was lawful for the President of the ECOWAS Court of Justice to swear in Dr. Bappah at the instance of the Council of Ministers; whether such action was permissible given that the President of the Court is currently presiding over a case relating to the same office; and whether the appointment complied with the provisions of the Revised Treaty, especially considering that no fresh interview was conducted.
The Applicants contend that Dr. Bappah emerged third in the earlier selection interview, behind Prof. Nazifi Abdullahi Darma, who came first, and Mrs Chizoba Mojekwu, who came second.
Citing the report of the ECOWAS Ad Hoc Ministerial Committee on the Selection and Evaluation of Statutory Appointees, the Centre argues that due process requires that the next highest-ranked candidate be appointed, not the lowest-ranked among shortlisted candidates.
The suit is also anchored on Suit No. ECW/CCJ/APP/54/25 (Prof. Nazifi Abdullahi Darma v. President of ECOWAS Commission), which was filed to challenge Prof. Darma’s removal from office without a hearing.
The Applicants expressed concern that the President of the ECOWAS Court, who is presiding over that matter, went ahead to swear in a successor, an action the Applicants describe as a breach of judicial integrity and a violation of the Court’s governing protocols.
Among the reliefs sought, the Centre is asking the Court to declare the appointment and swearing-in of Dr Bappah unlawful; to hold that the President of the ECOWAS Court violated his oath of office; to rule that the appointment process breached ECOWAS rules on merit-based recruitment; and to order either the appointment of the second-ranked candidate or a fresh interview.
The Applicants also seek guarantees of non-repetition and other consequential orders.
The Centre warned that allowing the Respondents’ actions to stand would further erode public confidence in ECOWAS institutions and undermine the rule of law within the Community.
The suit was filed by Olufemi Ubose, Esq., on behalf of the Centre for Community Law, an organisation committed to promoting and protecting the rights of ECOWAS citizens and upholding the rule of law within the Community.
