Fagbemi Advocates Elimination Of Conflict Provisions Between ECOWAS Court, National Courts

Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi, has urged members of the Economic Community of West African States (ECOWAS) Judicial Council to remove observed judicial conflicts between ECOWAS Court of Justice and National courts.

Fagbemi made the call while speaking at the opening session of the statutory meeting of the ECOWAS Judicial Council taking place in Abuja on Monday.

“It is also considered apt for this body of distinguished jurists to also initiate a reform-oriented review of the practice and procedure of the ECOWAS Court of Justice to avoid conflicts with national courts and to make the court realize envisioned potential as a respectable regional court”, he said.

He noted that the challenges confronting the judiciary or the justice system in general across the States are identical in terms of judicial autonomy, provision of funding and infrastructural facilities for the courts, among others.

Further, he said that the member States also share the challenges confronting the region in terms of economy, migration, integration, insecurity, enforcement of fundamental rights, etc.

He enjoined the participants to utilize the regional platform, as an avenue for peer review and cross-fertilization of ideas, to address these issues in order to achieve greater independence of the judiciary, a more prosperous and safer sub-region.

According to the Minister, “The ECOWAS Judicial Council also stands in a pole position to work towards the promotion of rule of law and democratic governance, which has come under intense pressure in recent times.

“The judiciary should rise to the occasion in helping to stem the factors that precipitate military incursion into governance. The process of adherence to conduct of free and fair elections and constitutional governance must be protected. 

“As the ECOWAS block continues to work towards achieving uniform economic policies and institutions, the judiciary should not be left behind. Your Lordships, permit me to state that the ECOWAS Judicial Council should also provide credible network for promotion of uniform rules of practice and procedure in the administration of justice in order to reduce conflict of laws in the region.

“The Council can also look into running exchange programs amongst judicial officers for capacity building and promotion of cooperation and integration within the sub-region.”