THE CHALLENGES FACING THE ENFORCEMENT OF THE DECISIONS OF THE ECOWAS COURT: AN ANALYSIS AND APPRAISAL OF THE CASE OF SAMBO MOHAMMED DASUKI v. FEDERAL REPUBLIC OF NIGERIA
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Date
2018
Journal Title
Journal ISSN
Volume Title
Publisher
College of Law, Novena University
Abstract
A pivotal process in the judicial system of supranational judicial bodies is that of imple-mentation and enforcement of their decisions. Although, the substantive provisions of international instruments are somewhat very compromising and largely far-reaching, very little has been done in terms of solid realization of the import of the provisions of the international statutes. The ECOWAS court known as the ‘community court of jus-tice’ faces the challenge of implementation of its own decisions on matters brought be-fore it because it lacks the proper enforcement mechanisms. This paper aims to examine the challenges faced by this court in the enforcement of its decisions by appraising a se-lected judgement of the court, and examining the jurisdiction of the court. It argues that the decisions of the court are final and enforceable on any member state having ex-pressly ceded part of its sovereign power. Adopting a content analysis approach, the paper shows the problems therein. It concluded that the Authority of Heads of State and Government of the ECOWAS should invoke sanctions as a means of compelling the state parties to comply with the decisions of the court thereby saving the institution and most especially the Court from the danger of being rendered a toothless bulldog.
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Keywords
ECOWAS Court, Judgements, Enforcement, Human Rights
Citation
Volume 8, Special edition College of law Novena