By Paul Ejime
ECOWAS former Commissioner for Internal Affairs, Nigeria’s Prof. Nazifi Abdullahi Darma, has praised the latest ECOWAS Court’s decision nullifying his illegal removal from office in October 2025 by the ECOWAS Commission as “a decisive victory against institutional impunity, executive recklessness and dictatorial tendencies.”
“I feel satisfied with the Court ruling that there was no vacancy and for invalidating the illegal decision of the former President of the ECOWAS Commission, Dr Omar Alieu Touray, to withdraw my responsibilities as a Commissioner without giving me a fair hearing,” the Professor said in reaction to the Court’s judgment just released. “It means that I was the Commissioner for Internal Affairs until August 2026, the end of the extended tenure of the last ECOWAS Commission’s management.”
Prof Darma was among the seven Commissioners appointed to serve at the Commission for four years from July 2022.
However, the last President of the ECOWAS Commission, Dr Touray, had, in a Memorandum No. ECW/Memo/30.10.25/ak, announced the withdrawal of the Commissioner’s responsibilities as a disciplinary measure. A replacement Commissioner was sworn in.
But the ECOWAS Court dismissed that action as “unlawful” and awarded US$50,000 in damages in favour of Prof. Darma.
In its judgment No. ECW/CCJIJUD/53/26 of 7 October 2026 on Prof. Nazifi Abdullahi Darma V the President of ECOWAS Commission & the ECOWAS Council of Ministers case, the Court also ordered the Respondents to pay “…all proven outstanding salaries, allowances, benefits and other financial entitlements proved by the applicable payroll, benefits or payment records to have been paid to the Applicant during the tenured period.
The Respondents are also “to bear the Applicant’s reasonable costs of the consolidated proceedings, to be assessed in accordance with the applicable Rules and practice of the Court by the Chief Registrar.”
The Court in its 63-page judgment upheld the argument by Prof. Darma’s Counsel, Prof. Amos Osa Enabulele, and “Declares that Memorandum No. ECW/Memo/30.10.25/ak was procedurally unlawful insofar as adverse allegations concerning the Applicant’s conduct and professional performance were relied upon to substantially affect the responsibilities he was exercising and to initiate the process for his withdrawal and replacement without prior notice and an effective opportunity to respond.”
The Court further “Declares that the recall of the Applicant by the Federal Republic of Nigeria did not, by itself, terminate his appointment as a statutory appointee of the Community or create a vacancy in his office under Article 18 of the Revised Treaty, as amended.”
It held “that the premature cessation of the Applicant’s statutory tenure and the appointment of his replacement before the expiry of his stipulated four-year term, in the absence of a vacancy lawfully established in accordance with Article 18 of the Revised Treaty as amended, were unlawful.”
The Court dismissed other prayers by both sides, including the Respondents’ argument that the “Court lacked jurisdiction to entertain and determine the consolidated Applications”; the Applicant’s “claim for reinstatement his tenure having expired on 16th July 2026,” or for “damages beyond the amount awarded (by the Court…,” including the “Applicant’s claim for the fixed sum of US$30,000 as litigation costs…”
Although the former Commissioner had demanded US$20 million as damages, he described the Court’s judgment as “fair,” and “restoring his dignity and honour.”
“The statement invalidating my removal as an illegality is much more than US$100 million,” Prof Darma said, adding that the Court also “affirmed that the actions I took were in line with the principles of good governance.”
He said he had no regrets, describing “ECOWAS as not just an institution, but the future of Nigeria and other West Africans. It is the most important and most functional regional institution in the whole of Africa.”
Amb. Yusuf Tuggar was Nigeria’s Foreign Minister, while his counterpart from Sierra Leone, Timothy Musa Kabba, was Chair of the ECOWAS Council of Ministers during Prof Darma’s dispute with the leadership of the Commission.
Addressing a press conference in Abuja on Friday 23 October, Prof Darma “expressed disappointment” for not receiving “the support I expected from the Honourable Ministers of Foreign Affairs, Yusuf Tuggar and Bianca Odumegwu-Ojukwu, given that I served as a Statutory Appointee representing Nigeria and acted in defence of institutional integrity and financial prudence, values central to Nigeria’s foreign policy within ECOWAS.”
“This judgment is not a personal victory. It is a victory for the rule of law, institutional integrity and accountability within ECOWAS,” he added.
The ex-Commissioner, who said he has returned to Consultancy after leaving the Commission, urged Nigerian officials, including government ministers and those working with international organisation to be strategic, fair and firm in discharging their responsibilities.
Despite his controversial exit, he said he “still believed in the ECOWAS regional integration agenda,” expressing the hope that ECOWAS would be “stronger with respect for institutional integrity by the current and future statutory appointees.”
Reacting to the judgement, his lawyer at the ECOWAS Court, Prof Enabulele, who is also the Executive Director of the Centre for Community Law, which is devoted to the protection of the rights of ECOWAS citizens, said the Court was “able to hold its ground against executive lawlessness.”
By this judgement, he said, the “Court has established three major principles that will strengthen the ECOWAS institutions, enable officials to exercise independence, and demonstrate that Member States only have the right to nominate statutory employees, but have no part to play in their withdrawal, because you cannot withdraw somebody you did not appoint.”
“The ECOWAS Council of Ministers appoints statutory appointees,” he said, adding that the Court also established that “statutory appointees are not governed by the staff rules and regulations.”
Going by ECOWAS legal instruments, a statutory appointee “can only be removed on three grounds: dismissal, resignation or incapacity,” Prof Enabulele said. “None of these applied to my client, so his replacement was an impostor, because there was no vacancy, according to the Court.”
He also commended the judges who sat on the case, Justices Sengu Mohamed Koroma, Gberi-Be Ouattara and Edward Amoako Asante, and also praised the Court for ensuring that the then-President of the Court, Justice Ricardo Claúdio Monteiro Gonçalves, who swore in Prof Darma’s replacement, Dr Habibu Yaya Bappah, recused himself from hearing the case.
Prof Enabulele said that, with the three principles now ingrained in the ECOWAS legal system, he looked forward with optimism and hope for positive changes under the new ECOWAS Commission management led by (rtd) Gen. Birame Diop.
The ECOWAS Court of Justice as one of the major community institutions, is praised for several landmark decisions, including against Member States.
The Protocol that created the Court was adopted in 1991, before its establishment under the 1993 ECOWAS Revised Treaty.
The 2005 Supplementary Protocol expanded the Court’s jurisdiction to include human rights claims against Member States by individuals.
By establishing the Court, ECOWAS “demonstrates its commitment to strengthening Community justice, upholding the rule of law and protecting fundamental rights.”
Paul Ejime is a Global Affairs Analyst & Consultant on Strategic Governance Communications
