ECOWAS Court awards ex-commissioner $50,000 damages over unlawful removal

The Community Court of Justice of the Economic Community of West African States (ECOWAS) has awarded $50,000 in general damages to a former Commissioner for Internal Services of the ECOWAS Commission, Prof. Nazifi Abdullahi Darma, over the unlawful termination of his tenure.

The court also ordered the payment of all outstanding salaries, allowances, and other accrued financial entitlements due to Darma from the date his tenure was unlawfully terminated until its expiration, after deducting any amounts already received.

Darma disclosed this while addressing journalists on the judgment delivered on October 7, 2026, in his suit against the President of the ECOWAS Commission and the Council of Ministers.

He said the court also ordered the ECOWAS Commission to pay the costs of the proceedings, describing the judgment as a significant affirmation of due process, accountability, and the rule of law within the regional organisation.

The former commissioner, however, said the court did not order his reinstatement because his four-year tenure, which commenced on July 16, 2022, expired on August 31, 2026.

Darma, who was nominated by Nigeria, explained that the dispute arose after the former President of the ECOWAS Commission, through a memorandum dated October 30, 2025, withdrew his delegated authority, made adverse allegations against his conduct and performance, and initiated steps towards his replacement.

He said he approached the ECOWAS Court on November 3, 2025, challenging the actions, but Nigeria subsequently recalled him on December 12, 2025, and nominated a successor while the case was pending.

According to him, the Council of Ministers later formalised his replacement, prompting the legal challenge over the circumstances surrounding the termination of his mandate.

Darma said the court rejected the argument that the October 30, 2025 memorandum was merely an administrative measure, holding that it contained adverse allegations that significantly affected his responsibilities and formed part of a process aimed at replacing him.

He added that the court found the actions procedurally unlawful because he was neither given prior notice nor afforded an effective opportunity to respond to the allegations.

The court also clarified that the President of the ECOWAS Commission could not use managerial authority to transfer or extinguish powers and responsibilities assigned to another statutory office under Community law, he said.

On Nigeria’s recall of him, Darma said the court held that nomination and appointment were distinct legal acts, stressing that a commissioner, once appointed, derived his mandate from ECOWAS law rather than from the member state that nominated him.

He said the court consequently ruled that Nigeria’s recall did not, by itself, terminate his appointment or create a vacancy in his office.

The court further held that his removal and replacement were unlawful because the legal conditions required to terminate a commissioner’s mandate had not been met, he added.

Explaining the circumstances that led to the dispute, Darma said he had raised concerns over the participation of non-management personnel in management meetings, the absence of objective and consistent scoring procedures in the recruitment of senior officials, and the assignment of responsibilities belonging to the Department of Infrastructure, Energy and Digitalisation to a non-statutory official.

He said the concerns were formally communicated to the then President of the Commission and, in some instances, the Chair of the Council of Ministers, but were not adequately addressed.

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Darma, whose portfolio covered administration, procurement, budget and treasury, financial reporting and grants, human resources, conference and protocol services, and internal telecommunications, said he discharged his responsibilities in accordance with the rules and regulations governing the Community.

He maintained that his legal action was not motivated by personal interest but by a commitment to protecting institutional integrity and ensuring that established procedures were respected.

Describing the judgment as more than a personal victory, the former commissioner said it reinforced the principle that statutory appointees of ECOWAS could only be removed through lawful procedures and on legally recognised grounds.

He urged ECOWAS institutions to comply fully with the judgment and review relevant protocols and regulations where necessary to eliminate ambiguities and prevent similar disputes in the future.