By: Kebba AF Touray
The Court of the Economic Community of West African States (ECOWAS Court) has held an international conference on enhancing the role, relevance and effectiveness of the court.
The said conference was held in Freetown, Sierra Leone, on Monday, 13th May, 2024, under the theme “Enhancing the role, relevance, and effectiveness of the ECOWAS Court of Justice through the strengthening of synergies between the court and national stakeholders.”
The theme emphasized the determination of the court in performing its important role of serving as the guarantor of the rule of law within the ECOWAS region, and, in effect, acts as both the Constitutional and Supreme Court of the Economic Community of West African States.
Delivering a statement at the conference, the Fourth Deputy Speaker of the ECOWAS Parliament, Hon. Billay G Tunkara, told the conference that the current political climate in the region gives rise to reactionary tendencies that put the people against international institutions, such as ECOWAS.
He said: “The turn towards governance, legality and adjudication from such international bodies is perceived as a democratic dysfunction. Regional and international institutions, such as the ECOWAS Community Court, are targets, insofar as they typically address how states should treat individuals on their own territory.”
Hon. Tunkara, who also doubles as the Majority Leader of the Gambia Parliament, added that even more concerning, is the sad reality of national authorities not being compliant in fulfilling their moral obligations of respecting the rulings of the court.
In principle, he said states are required to comply with decisions of international courts and tribunals that are binding on them, even if they disagree with the ruling.
“It is no gainsaying that increased State consent to the jurisdiction and compliance with the decisions of the Community Court would strengthen the rule of law, as the rule of law is all that stands between peace and crises, as well as stability and instability,” said the Fourth Deputy Speaker of ECOWAS Parliament.
He underscored that considering these sad realities, it becomes ever more crucial to strengthen synergies between the court and national stakeholders, thereby making the institution more inclusive and transparent.
Additionally, he outlined the measures aimed at enhancing diversity in the court, to foster a sense of shared “ownership” of the regional justice system, saying they are critical to the effective implementation of the court’s mandate of interpreting the community laws, resolving disputes, and ensuring compliance with ECOWAS’ treaties and protocols.
These different perspectives, he said, also underscore the essence of this conference, which is an invaluable mechanism to engender harmony and synergy between the court and national stakeholders, aimed at enhancing effectiveness and relevance.
He expressed: “I trust that your deliberation over the next few days will lead to the development of a new paradigm which expresses renewed commitments in your relationship with national partners and stakeholders.”
