ECOWAS Court awards ex-commissioner $50,000, orders back pay

The recent judgment by the ECOWAS Court of Justice in favor of Prof. Nazifi Abdullahi Darma marks a significant moment for institutional governance and accountability within the West African regional bloc. The court's decision to award $50,000 in general damages and order the payment of outstanding salaries and allowances to the former Commissioner for Internal Services highlights a robust commitment to due process and the rule of law, even when challenging the actions of high-ranking officials within the ECOWAS Commission.

Prof. Nazifi Abdullahi Darma

Prof. Nazifi Abdullahi Darma, nominated by Nigeria, served as the Commissioner for Internal Services, a role that consolidated critical responsibilities including finance, procurement, human resources, and grants management following institutional reforms in 2022. His tenure, initially set for four years from July 16, 2022, was prematurely terminated amidst a dispute that arose after he raised concerns about procedural irregularities within the Commission. These concerns included the participation of non-management personnel in management meetings, the absence of objective scoring for senior official recruitment, and the assignment of departmental responsibilities to non-statutory officials. Darma formally communicated these issues to the then President of the Commission and the Chair of the Council of Ministers, but they remained unresolved, leading to an escalation of the situation.

The dispute intensified when the former President of the Commission issued a memorandum on October 30, 2025, purporting to withdraw Darma's delegated authority, making adverse allegations, and initiating a process for his replacement. This action prompted Darma to institute proceedings before the ECOWAS Court of Justice on November 3, 2025. While the case was pending, Nigeria recalled him on December 12, 2025, and nominated a successor, which the Council of Ministers subsequently formalized. Darma's legal challenge sought to address what he perceived as an unlawful cessation of his tenure and a violation of due process.

ECOWAS Court of Justice

The ECOWAS Court of Justice delivered its judgment on October 7, 2026, ruling that Prof. Darma's removal and replacement before the expiration of his tenure were unlawful. The court rejected the argument that the October 30 memorandum was merely an administrative measure, finding instead that it contained adverse allegations significantly affecting his responsibilities and formed part of a process aimed at his replacement without prior notice or an effective opportunity to respond. This finding underscores the court's commitment to procedural fairness and the right to be heard.

The court also clarified the limits of managerial authority within the Commission, stating that the President's powers do not extend to transferring or extinguishing responsibilities assigned by Community law to another statutory office. This aspect of the ruling is crucial for maintaining the integrity and independence of statutory appointees within ECOWAS, ensuring that their roles are protected by established legal frameworks rather than being subject to arbitrary administrative decisions. The judgment, therefore, serves as a vital check on executive power within the regional body, reinforcing the principle that even high-ranking officials must operate within the bounds of Community law.

Nigeria's Recall

A key aspect of the court's findings addressed Nigeria's recall of Prof. Darma. The court held that nomination and appointment are distinct legal acts, and a commissioner, once appointed, derives their mandate from Community law rather than solely from the member state that nominated them. Consequently, the court declared that Nigeria's recall did not, by itself, terminate Darma's appointment or create a vacancy in his office. This ruling has profound implications for the autonomy and independence of statutory appointees within ECOWAS.

By asserting that a commissioner's mandate is rooted in Community law, the court effectively shields such officials from direct political interference or arbitrary recall by their nominating states. This strengthens the regional institution's ability to function independently and ensures that its statutory officers can perform their duties without undue pressure from individual member states. While the court did not order Darma's reinstatement because his tenure had already expired on August 31, 2026, the financial awards and the clear legal pronouncements provide a significant victory for institutional accountability and due process within ECOWAS.