Human rights advocate Femi Falana, SAN, has formally requested that the Economic Community of West African States (ECOWAS) create an appellate body for its Court of Justice. In a June 29, 2026, letter to Commission President Dr. Omar Touray, Falana highlighted that the court currently acts as both the first and final authority, leading to inconsistent legal outcomes.
The current lack of a review process prevents the correction of legal or procedural errors. Falana pointed to several problematic areas, including conflicting rulings regarding civil society litigation, the statute of limitations for human rights claims, and interpretations of Nigeria’s Cybercrimes Act. He noted that the court has issued contradictory directives on whether NGOs require direct victim authorization to file cases, as seen in the treatment of the Socio-Economic Rights and Accountability Project (SERAP).
Furthermore, Falana cited inconsistent approaches to judicial discipline cases across Ghana, Nigeria, and The Gambia. He reminded the Commission that the ECOWAS Council of Ministers approved the formation of an appellate division in 2005, yet the directive remains unimplemented. Nigeria’s Attorney-General, Prince Lateef Fagbemi, SAN, also supports this reform, arguing that the status quo hinders access to justice. Falana emphasized that establishing an appeal chamber is vital to restoring member state trust and ensuring judicial accountability across the region.