ECOWAS Has Powers To Reduce Number Of Judges On Bench, Court Tells Falana SAN

The Court of the Economic Community of West African States
(ECOWAS) Thursday held that the leadership of the community, the
Authority of Heads of States and Government of ECOWAS, has legal
powers to reduce the number of judges on the bench of the community
court.

A three-man panel of justice of the court made the declaration
while delivering judgment in the suit filed by a Senior Advocate of
Nigeria (SAN), Femi Falana, challenging the reduction of justices
of the community court from seven to five.

In the unanimous judgment delivered by Justice Dupe Atoki, the
ECOWAS Court held that by the powers vested on the leadership by
the treaty which established the community and the ECOWAS Court,
the Authority of Heads of States has the statutory powers to
determine the composition of the bench of the court.

Falana had dragged the Authority of Heads of States and
Government of ECOWAS and the Council of Ministers before the court
seeking an order to nullify the action of the ECOWAS
leadership.

He also prayed the court for an order barring the defendants
from implementing the decision reducing the number of justices from
seven to five.

In the suit ECW/CCJ/APP/32/18 filed on August 7, 2018, the
lawyer asserted that the decision taken in 2017 by the defendants
to reduce the number of judges of the ECOWAS Court of Justice
violated the provisions of the ECOWAS Treaty and the Protocol on
the Court relating to the composition of the Court and terms of
office of the
judges.

Falana predicated his argument on the grounds that the
defendants lacked the competence to reduce the number of judges of
the
court.

While stating that the reduction infringed on the rights of the
community citizens to timely dispensation of justice, Falana argued
that the reduction has led to a backlog of cases before the
court.

Responding, the defendants, through their lead counsel, Dr.
Frank Chude, challenged the appropriateness of the plaintiff (locus
standi) to file the matter before the court, and urged the court to
dismiss the matter.

Chude further submitted that the recommendation and approval for
the reduction was made under the supervisory powers conferred on
the defendants by the treaty establishing the community.

Delivering judgment, the panel agreed with the submissions of
Chude that the first defendant being the Supreme Institution of the
community is saddled with the responsibility of taking decision in
the overall interest of the community.

The court further held that contrary to the position of Falana
that the protocol of the ECOWAS Court was not amended to pave way
for the leadership to reduce the bench, there are evidences that
the decision was made in view of a proposed amendments to that
effect.

“The action does not breach Articles 3, 6 and 15 of the ECOWAS
Treaty and Article 3(2) of the protocol establishing the court,”
the panel held.

The court, while dismissing the suit, also held that the
plaintiff failed to demonstrate any direct negative effect he
suffered as a reduction of the justices from seven to five.

“Defendants have competence to reduce number of judges.
Consequently, the decision of the ECOWAS Authority of Heads of
State and Government during the 51st Ordinary Session held in June
2017 is legal and effective,” the court held.

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