*By Paul Ejime*

The Economic Community of West African States (ECOWAS) is 50 this year. However, for those who care about the future of the organisation once acclaimed as a trailblazer in regional economic integration, especially conflict management and resolution, the situation calls more for a deep reflection and introspection instead of popping Champagne cocks.

From the time when some of its member countries were under military dictatorships or with one rebel government in the bush and another in the state capital, ECOWAS managed to evolve to a period when all its 15 member States practised one form of democratic government or another.

For more than a decade after its formation on 28 May 1975 through the Treaty of Lagos, the organisation was seized with peace and security challenges involving sporadic conflicts and civil wars, beginning with the two civil wars in Liberia. Dozens of military coups also toppled elected governments.

On each occasion, ECOWAS leaders ensured there was an eventual return to constitutional rule, using regional instruments with the carrot and stick approach, including suspension of membership or imposition of sanctions on errant members where diplomacy failed.

But gradually, the regional leaders took their eyes off the ball, allowing unbridled alteration of national constitutions and election rigging for term elongation, gross violations of human rights, suppression of opposition and shrinking of the democratic space.

The democratic regression continued unabated, until 2020 when former Col now General Assimi Goita and his military colleagues led the coup that ousted the government of elected President Ibrahim Boubacar Keita.

By the middle of 2023, the region had witnessed more than half a dozen putsches, the game changer being on 26 July 2023 in Niger, led by the head of the country’s presidential guard General Abdourahamane Tchiani, who has since proclaimed himself the leader of a new military junta. Niger thus joined Mali, Guinea and Burkina Faso as ECOWAS countries now under military dictatorships.

Instead of using its tried and tested strategies in whipping wayward member States into line, ECOWAS leaders mismanaged the situation by jumping headlong into the fray, imposing sweeping sanctions and threatening the use of military force to restore constitutional rule in Niger. Newly elected Nigeria’s President Bola Tinubu, who was still fighting legal battles to secure his election was made Chairman of the Authority of ECOWAS Heads of State and Government.

Perhaps to reciprocate that gesture, he caused Nigeria to suspend electricity supply to neighbouring Niger, even though the bilateral power supply agreement was not covered under any ECOWAS protocol.

Apart from the unpopular decision to use force in Niger, which was later abandoned, the role of France and its Francophone African allies, especially Cote d’Ivoire during the division between ECOWAS and its three Sahelian States of Mali, Burkina Faso and Niger, did not help matters.

In December 2023, the three, called the Alliance of Sahel States, or AES, served notice of their intention to quit ECOWAS “immediately.”

ECOWAS has since realised its mistake and changed tact, adopting diplomacy and negotiations to woo back the three countries, which have adamantly dug in their heels, 

At their last summit in Abuja last December, ECOWAS leaders still gave the junta leaders a six-month “cooling period” to reconsider their decision to pull their countries out of ECOWAS, failing which the separation would be deemed to have started in January 2025.

Barring last ditch efforts, the divorce could mark an unprecedented turning point in the history in ECOWAS and regional integration in Africa, with potential far-reaching consequences.

Mali, Burkina Faso and Niger, all landlocked countries, have expelled the troops of former colonial power, France, and the anti-French sentiments, which the junta leaders are riding on for their populist stance, have continued to grow.

The Senegal government of President Diomaye Faye, the ECOWAS Chief negotiator charged with convincing the three renegade countries to return to the fold, has also told Paris to close the French military base in the West African country and so has Chad, a non-ECOWAS member State.

General elections are due in Cote d’Ivoire this year and in what is seen as political expediency, or “a pre-emptive strike,” President Alassane Ouattara has also announced a phased withdrawal of French troops from one of the bases in the country.

But to put issues in context, it is the citizens of the Francophone countries that are behind the anti-French sentiments. They started the movement, before the military juntas joined.

Critics are unconvinced about the junta leaders’ sincerity of purpose. A critical examination of their careers would show that they are all beneficiaries of the French system. Several years after they seized power, there is little or no progress in their political transition programmes.

In clear violation of regional and continental protocols, they have also indicated their intention to stand as candidates in elections for transition to civilian rule, which many consider a sign they are bent to perpetuate themselves in power and not “liberators” as they claim.

The three countries still belong to the eight-nation West African Economic and Monetary Union, UEMOA, set up by France, which are members of ECOWAS and using the CFA franc, controlled by the French Treasury. The juntas grouse with ECOWAS, could be that it is the only organisation pressuring them to return to constitutional rule.

Zimbabwe’s diplomat, Ambassador Arikana Chihombori-Qua, deserves much credit for consistently calling out the French for the “inhumane” colonial pacts it forced on leaders of former African colonies at independence. Through her, the outside world became aware that Paris was making some 500 billion dollars per year from the exploitation of Francophone Africa. Unsurprisingly, she was sacked from her role as the African Union’s representative to the United Nations in 2019.

In the assessment of ECOWAS’ performance, it is not all gloom and doom, but perhaps, the proverbial half-full or half-empty cup. However, the undeniable truth is that all is not well with the organisation. By its standards, ECOWAS has under-performed, particularly in the last decade.

In a dynamic world of shifting geopolitics and geostrategic ecosystem, with multilateralism yielding place to bilateral/unilateral pursuits and new nationalism, characterised by emerging global threats of terrorism, insurgencies, extremism, and the invasion of social media, disinformation/misinformation and fake news, it would be naive to expect ECOWAS to be static or immune to external influence/interference.

Organisations, such as the United Nations and even the European Union, which are reference points, experience a bad patch or “wilderness” period. But life coaches will tell you that ‘it is not how many times you fall, but your ability to rise from each fall that determines your strength, sustainability and future.’

Applying this maxim to ECOWAS, it is fair to say that while the organisation should be proud of its past achievements, such as the free movement of persons, goods and services, and the right to residence and establishment, the challenges and threats of regional disintegration are real and present.

While, pre- and immediate post-independent African leaders did the heavy lifting by ensuring that much of Africa and its people were emancipated from slavery and colonialism, many African countries are still dependent and contemporary African leaders have failed their people by being self-serving instead of giving meaning to the nominal independence of their countries.

For the wobbly ECOWAS, the worst-case scenario could be the eventual withdrawal of the three AES countries or the balkanisation of the economic bloc, which will be a major setback.

On a positive note, the presence of Burkina Faso’s junta leader Capt Ibrahim Traore at the inauguration of Ghana’s new President John Dramani Mahama on 7th January 2025 could be a silver lining. Ghana has demonstrated democratic maturity by successfully conducting the ninth cycle of general elections with the fourth peaceful transfer of power between ruling and opposition parties for 33 years since its return of the multiparty system in 1992.

For Mahama, it is a glorious comeback with an overwhelming victory of 56% vote and a commanding parliamentary majority, after a hung parliament and the best presidential outing since the country’s independence from Britain in 1957.

He could deploy his experience and work to bequeath indelible legacies to his country which prides itself as the Black Star of Africa. At the regional level, Mahama could also team up with his colleagues, particularly Nigeria’s President Tinubu to reposition and refocus ECOWAS on the dreams of its founding fathers.

Every organisation requires a pillar/leader, which ECOWAS has lacked over the past decade. Like their predecessors combined to galvanise other regional leaders to end the civil wars in Liberia and Sierra Leone, Tinubu and Mahama owe their countries and the region the duty and responsibility to provide the necessary leadership that will prevent ECOWAS from disintegration. Tinubu as ECOWAS Chair was Guest of honour at Mahama’s inauguration.

*Ejime is a Global Affairs Analyst and Consultant on Peace & Security, and Governance Communications*

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Sadly, it is now beyond speculation and uncertainty: Niger has joined the ranks of ECOWAS States under military rule, climaxing the events that commenced on 26 July, 2023. With this situation, the neigbouring countries of Burkina Faso, Niger and Mali have become an axis of coup. This contagion or imitation must stop!

In our reflection on the issue on 26 July, 2023, we wondered what the ECOWAS, the AU and all other States that condemned the action and called on the Coupists to stand down, would do, should they fail to heed the clarion call, as they have just done.

Judging from the lacklustre progress and frequent shifts in the transition timetables agreed between ECOWAS and the Juntas in Burkina Faso, Mali, and Guinea, one cannot but wonder what ECOWAS and the AU will now do differently.

On our part, we believe it is time enough for the ECOWAS, which plays a seemingly active role, howbeit half-heartedly, in preventing coups and transiting to civilian rule where coup happens, to adopt a different strategy to preventing coups and terminating military rules before the sub region is consumed by coups.

ECOWAS should move away from indiscriminate sanctions that punishes everyone to targeted sanctions against the Coupists, their family members and associates. Indiscriminate sanction only further punishes the people on whose behalf ECOWAS and other foreign efforts are acting.

The situation in Niger is more dire and complicated by the level of poverty and insecurity plaguing the country. Attention must be paid to the fact that Niger has so far played the role of a strong line of defence against insurgency in the sub region.  

With the even greater threat of the Wagner Group waiting in the wings to get into the fray, as they are currently doing in Mali, the situation is delicate and must be handled with utmost care.

Given the situation on ground in Niger and many West African States, one cannot argue with the excuses given by Colonel Amadou Abdramane, that they decided to “put an end to the regime that you know due to the deteriorating security situation and bad governance”. However, one can always argue with the decision of the military to cease power, as it has never been shown that the military is ever been able to solve the problems they identify as the reason for toppling the government. They only complicate the problems. In any event, insecurity is an indictment on the military itself.

Nevertheless, and as we have always stated, the answer to coup is good government; free, fair and transparent elections; respect for human rights and rule of law.

When these are not provided by a government, and the military takes advantage of the failings, the international community may react all it likes, the people’s tendency to welcome the abnormal government would remain unaffected by whatever the international community is saying or doing.

More than ever before, the Authority of Heads of State and Government of ECOWAS must unite around the constitutional convergence principles in the 2001 Supplementary Protocol on Democracy and Good Governance and challenge themselves to adhere religiously and holistically to them.  

The constitutional principles to be shared by all Member States:

• Separation of powers – the Executive, Legislative and Judiciary. – Empowerment and strengthening of parliaments and guarantee of parliamentary immunity. – Independence of the Judiciary: Judges shall be independent in the discharge of their duties. – The freedom of the members of the Bar shall be guaranteed; without prejudice to their penal or disciplinary responsibility in the event of contempt of court or breaches of the common law.
• Every accession to power must be made through free, fair and transparent elections.
• Zero tolerance for power obtained or maintained by unconstitutional means.
• Popular participation in decision-making, strict adherence to democratic principles and decentralisation of power at all levels of governance.
• The armed forces must be apolitical and must be under the command of a legally constituted political authority; no serving member of the armed forces may seek to run for elective political.
•  Secularism and neutrality of the State in all matters relating to religion; freedom for each individual to practise, within the limits of existing laws, the religion of his/her choice everywhere on the national territory. The secularism shall extend to all parts of the State, but shall not deprive the State of the right to regulate, with due respect to human rights, the different religions practised on the national territory or to intervene when law and order break down as a result of any religious activity.
•  The State and all its institutions belong to all the citizens; therefore none of their decisions and actions shall involve any form of discrimination, be it on an ethnic, racial, religion or regional basis.
• The rights set out in the African Charter on Human and People’s Rights and other international instruments shall be guaranteed in each of the ECOWAS Member States; each individual or organisation shall be free to have recourse to the common or civil law courts, a court of special jurisdiction, or any other national institution established within the framework of an international instrument on Human Rights, to ensure the protection of his/her rights. In the absence of a court of special jurisdiction, the present Supplementary Protocol shall be regarded as giving the necessary powers to common or civil law judicial bodies.
• Political parties shall be formed and shall have the right to carry out their activities freely, within the limits of the law. Their formation and activities shall not be based on ethnic, religious, regional or racial considerations. They shall participate freely and without hindrance or discrimination in any electoral process. The freedom of the opposition shall be guaranteed. Each Member State may adopt a system for financing political parties, in accordance with criteria set under the law.
•  The freedom of association and the right to meet and organise peaceful demonstrations shall also be guaranteed.
•  The freedom of the press shall be guaranteed. l) All former Heads of State shall enjoy a special status including freedom of movement. They shall enjoy special benefits compatible to their status as former Heads of State. 

Unfortunately, the leaders of the region are wont to pay lip service to these principles and only attempt to take action to emphasise ‘zero tolerance for unconstitutional change of government’, but this is mostly only where there is a coup; only then do they call extraordinary summits here and there and at very short notices. The leaders must re-channel their energies and do so purposively and proactively.

Beyond this, the ECOWAS Leaders must begin to look beyond the region and the multiple problems to foreign States or groups that may be promoting coups in the region.

ECOWAS Leaders must get very proactive and truly unite against coup, its causes and sponsors.

@centre for community law, July, 2023

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By Paul Ejime

The Economic Community of West African States (ECOWAS), one of Africa’s foremost Regional Economic Communities (RECs) clocked 48 years on 28^th May 2023.

The late Prof Adebayo Adedeji of Nigeria, who played a pivotal role in the formation of ECOWAS, which earned him the title of “Mr ECOWAS,” had in an interview with this writer at Ijebu-Ode, his hometown in Western Nigeria, recalled that the Treaty of Lagos was one of the few legal unification instruments initialled by an unprecedented number of Heads of State at a sitting.

As Commissioner (Minister) for Economic Planning and Reconstruction (1971-75), Adedeji had received the marching orders from Nigeria’s then Military Head of State, Gen. Yakubu Gowon, to midwife the birthing of ECOWAS. This was shortly after Nigeria’s civil war of 1968-70.

Prof Adedeji, a seasoned strategist, and development pioneer picked up the gauntlet and went to work shuttling across capitals in the sub-region. He received tremendous support from his Togolese counterpart, Edem Kodjo, who later became Secretary-General of the Organisation of African Unity (OAU), and who also got a similar remit as Adedeji from Togolese former President Gen. Gnassingbé Eyadéma.

Such was the zeal, commitment and resolve of the ECOWAS founding fathers that they did not allow cosmetic colonial barriers of language, colonial history, or orientation to put them asunder in actualising their dream of a pan-African regional integration.

However, some five decades on, the regional bloc is still struggling with almost the same or similar challenges that nearly asphyxiated it shortly after take-off.

By 1989 a civil war had broken out in Liberia, followed by neighbouring Sierra Leone in 1990, and other countries in tow, forcing ECOWAS, originally set up to foster economic development to inject peace and security in the regional integration agenda.

No doubt, the organisation has recorded some gains or achievements, but the story in the past decade is one of retrogression, especially in democratic governance in the region.

For instance, there have been at least eight failed or successful coups in the past three years with three of the 15 ECOWAS member States – Mali, Guinea, and Burkina Faso – now under military dictatorships.

There is even a worrying concern that going by the undemocratic disposition of some leaders and political elite in the politically restive region associated with a dubious reputation as a “coup zone,” more member States could follow the infamous examples of the three deviant nations.

The root causes of political conflicts and instability include bad governance, corruption, economic mismanagement, cronyism, election rigging, violation of human rights of citizens, clamping down on opposition and narrowing the democratic space, and mindless alteration of electoral laws and national constitutions for tenure elongation, among others.

At the just-concluded Banjul International Conference of the Community Court of Justice, one of the ECOWAS institutions, participants recommended some tough measures, including the criminalisation of unconstitutional change of government in the region. However, the major problem is not lack of protocols or legal instruments, but the political will of the leaders to implement the texts or comply with regional Treaty Obligations.

For instance, the ECOWAS 2001 Supplementary Protocol on Democracy and Good Governance is unambiguous on “Zero Tolerance” for obtaining or retaining power through unconstitutional means, but implementation of this protocol seems preoccupied with military takeover of governments alone.

While military coups are condemnable and can never be justified since the role of the armed forces is for the defence and protection of national sovereignty, politicians, political adventurers, or mercenaries who subvert constitutional rule in whatever form, must also be subjected to the same condemnation and treatment as coup plotters.

And that is where the Malabo Protocol comes in. Unfortunately, since its adoption in 2014, no African country has ratified, let alone domesticate or implement the protocol, which has expanded the jurisdiction of the African Court on Human and Peoples’ Rights (ACHPR) to deal with crimes under international law and transnational crimes.

It is generally agreed that arraigning culprits before this Court and meting out appropriate punishments will serve as a deterrent against crimes such as unconstitutional change of government in Africa.

But even when the protocol is ratified, its implementation will still depends on the political will and sincerity of governments and political leaders, as a tool against undemocratic practices.

Also, election has since become a major source of political conflicts in the region. At the moment, world attention is focused on Nigeria, the regional powerhouse, following the legal challenge mounted by opposition parties against the outcome of the 25 February 2023.

There is also some concern over countries where elections are due to be held in the region; such as Senegal, Sierra Leone, The Gambia, Togo, Benin Republic, and Liberia.

The other regional threat is insecurity, terrorism, religious extremism and the multiplicity of armed groups and separatist insurgencies. Some home-grown terrorist groups collaborating with foreign counterparts to launch sporadic deadly attacks causing havoc from the Sahel to the ECOWAS region.

High unemployment rates, especially among the youths and economic hardships are also forcing thousands of ECOWAS citizens to flee the region, including through perilous routes to Europe for so-called greener pastures. At the same time, the emigration of skilled labour or so-called brain-drain, is taking a dangerous toll on the progress and economic development of the region.

In his anniversary message to staff, Dr Omar Alieu Touray, President of the ECOWAS Commission said: “The 4×4 Strategic Objectives of the ECOWAS Management were designed to respond to the challenges in our community and exploit opportunities for growth and development. “

The strategies are enhanced peace and security; good governance and political stability; deepening regional integration and inclusive and sustainable development.

 “For 48 years…, our sense of community has remained solid in the face of challenges, and our commitment for inclusive and sustainable development has remained strong,” Dr Touray added.

In summary, the management of the ECOWAS Commission must work with regional leaders to refocus the organisation on the path to the realisation of the overarching dreams of the Community founding fathers, and for the regional bloc to regain its glory as Africa’s leading REC.

The fact that citizens of the 15 ECOWAS member States still see themselves today as belonging to one community with the same aspiration and a combined population of more than 400 million is positive, but can that justify the huge human and financial investments in the regional integration project?

ECOWAS has been the only region in Africa where citizens can visit and stay in a country other than their own for at least 90 days without a visa under its flagship Protocol on Free Movement of Persons, Rights to Residence and Establishment.

But even that protocol is yearning for urgent fine tuning in its implementation, given that some member States now charge Community citizens compulsory “airport levy,” in violation of Community Protocols.

Moving forward, ECOWAS has to work with member States to improve governance at all levels, ensure political stability, harmonization of national policies, laws, and regulations for the consolidation of regional integration and economic prosperity.

Member States must also respect treaty obligations, with the same set of rules applied to all violators of regional instruments and protocols be they civilians, soldiers, or mercenaries.

*Paul Ejime is a Global Affairs Analyst and Consultant on Strategic Communications, Media Development and Governance Issues, including Peace & Security and Elections.

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Introduction

As part of its activities, the ECOWAS Court of Justice organises and hosts an annual international conference in any selected member State. The international conference provides a forum for the Court to, in conjunction with scholars, jurists, bar associations, and stakeholders from member States, examine important and topical legal thematic issues. The 2023 international conference, titled, “ECOWAS’ Zero Tolerance for Unconstitutional Change of Government”, was held in Banjul, The Gambia, from 22^nd to 25^th May, 2023. It focused on the scourge of unconstitutional change of government (UCG), especially military rule, which appears to be resurging in the ECOWAS region. The timely provision of a forum to deliberate on this very important matter of concern marks a strong contribution of the Court to the urgent need to stem the tides of coup d’etat from spreading beyond those recently experienced in the Republic of Mali, Guinea and Burkina Faso.

The importance of this conference, apart from providing a forum for appraising the progress and challenges in the ECOWAS integration scheme, it also provides a forum for sincere and honest rapport between the Judges of the ECOWAS Court and the Judges of courts of member States. Apart from the Chief Justices of the Supreme Courts of Liberia and Sierra Leone, who moderated a section each, there were Judges from national courts of several other member States. The conference thus provides opportunity for the conference to hear from national Judges and gain understanding of their attitude towards the ECOWAS Court.   

Opening Ceremony

The opening ceremony was well attended by officers of State, officers of Institutions of ECOWAS, members of the Diplomatic and Consular Corps, Presidents of Bar Associations, including the African Bar Association, International Development Partners, members of the Academia, distinguished Resource Persons and Participants, Staff of the Community Court of Justice, the Media, Civil Societies, and Students. Some of the dignitaries were, His Excellency, the President of the Republic of The Gambia, President Adama Barrow, represented by the Vice President of the Republic of the Gambia, H.E. Muhammed B.S. Jallow. Also in attendance for the Republic of The Gambia, were the Chief Justice Hassan B Jallow; the Attorney General & Minister of Justice, Hon. Dawda A. Jallow; the Minister of Trade, Industry, Regional Integration and Employment, Hon. Boubacarr Ousmaila Joof; and other Senior Officials of the Government of the Republic of The Gambia. From the ECOWAS Institutions, were His Excellency, Dr. Omar Alieu Touray, the President of the ECOWAS Commission, represented by the ECOWAS Resident Representative to the Gambia, Ms. Miatta Lily French; Heads of other ECOWAS Institutions and Agencies; Hon. Justices of the Community Court of Justice; Presidents of Regional Courts; Supreme Court Justices of members States; and Heads of ECOWAS National Offices in the Member States.

Opening Address of the President of the Court

In his welcome address, the President of the ECOWAS Court, Hon. Justice Edward Amoako Asante, highlighted the negative impacts of UCG and the gains made over time by ECOWAS in restoring democratic governance and culture, the rule of law, protection of human rights and the promotion of the regional integration agenda. He called on member States to work collectively to prevent UCG and punish perpetrators.

Goodwill Messages

In his goodwill message, the Hon. Speaker of the ECOWAS Parliament, Dr. Sidie Mohamed Tunis, noted that the Court and the Parliament are indispensable partners in the program of regional integration and this is why the ECOWAS Parliament is aligned with the Court on the theme of the Conference. He also noted that despite the legal framework on UCG, there is a resurgence of military interventions in politics in West Africa and these are violations of the Protocol A/SP1/12/01 on Democracy and Good Governance, Supplementary to the Protocol relating to the Mechanism For Conflict Prevention, Management, Resolution, Peacekeeping and Security, 2001. He further highlighted that perpetrators of UCG often blame violations of national constitutions by incumbents, bad governance, insecurity, lack of free and fair elections, for their unlawful act of UCG. He highlighted the need to address the root causes of UCG by nurturing the right political governance, ensuring separation of powers and independence of institutions. He concluded by reiterating the commitment of the ECOWAS Parliament to play its role in addressing the problem.

In his statement, the President of the ECOWAS Commission reiterated the Commission’s commitment to the policy on zero tolerance for UCG within the Community. He however regretted that ECOWAS is expending enormous resources that could have been used in other areas for the benefit of the Community, to restore democracy in member States that have experienced UCG. He underlined the need for practical preventive measures as a tool for addressing UCG.

In his Opening Statement, given by the Vice President of the Gambia, H.E. Muhammad B.S. Jallow, on behalf of the President, he noted that democracy is about respecting the constitution even when it is not convenient. Also, that democracy demands respect for human rights and the opportunity for all to be heard.  His Excellency expressed his conviction that the ECOWAS zero tolerance for UCG sends a message that democracy is a must, and should not be a mere slogan but a means for real civic engagement with the citizens. He called for the strengthening of legal frameworks and institutions as a means for guaranteeing constitutional order.

There were also goodwill messages from the Chief Justice of The Gambia, His Lordship Hassan B. Jallow; Minister of Trade of The Gambia. Hon. Boubacar O. Joof; The Attorney General and Minister of Justice of The Gambia, Hon. Dawda A. Jallow; ECOWAS Auditor General, Dr Joao A.M. Fadia; Director General of GIABA, Mr. Edmond W. Harris; the President of EBID, represented by the Secretary General, Mr. Moctar Coulibaly.  

Keynote Address

Delivering the keynote address,titled, “Zero Tolerance for Unconstitutional Change in Government in (West) Africa: Democracy and Rule of Law for Sustainable Development”, Professor Chidi Anselm Odinkalu remarked that addressing UCG is of “monumental salience” for the sub-region and for Africa and described West Africa at, arguably, “the epicentre of this ‘global epidemic’” of UCG.

The keynote Speaker drew attention to the African Union reports showing that the AU declared a total of fourteen (14) instances of UCG, since 9 July 2002, when it was established, in the following ratio: three in North Africa, seven in West Africa, one in East Africa, one in Southern Africa and two in Central Africa. He further informed the conference of the reports that there have been 169 “military interventions of some type” in 16 West African Countries (including Mauritania) in the half Century from 1 January 1955 to 31 December, 2004, and that Cape Verde is the only country that has not had a significant coup incident. He also recalled the report that as at the beginning of 2022, there were 486 attempted or successful coups carried out around the world, since 1950, with Africa accounting for a staggering 214 (44.03%), of which 106 (43.8%) were successful and 108 (44.26%) were unsuccessful. On a State by State basis in the continent, Prof Odinkalu noted that Sudan accounts for the highest number of attempts with 17 (both successful and unsuccessful), while Burkina Faso accounts for the highest number of successful coups as well as the highest success rate of eight of the nine attempts succeeding. He further stated that of the top ten countries in Africa with the highest number of coup attempts and successful coups, only three – Comoros, with nine (four successful); Burundi, with 11 (five successful); and Sudan, with 17 (six successful)  – are not in West Africa. Of the remainder, Ghana and Sierra Leone, have had ten coup attempts each, which resulted in five changes of government in each; Guinea-Bissau, Mali, Benin, and Nigeria have each had eight coup attempts with success rates of four, five, six, and six, respectively. Togo has reported three successful coups from seven attempts.

After reeling out the numbers, the keynote Speaker provided a robust discussion on UCG. He discussed the approaches adopted by ECOWAS to UCG; highlighted the negative impacts of UCG,  and made useful recommendations.

It is important to observe that the number of times some of the countries mentioned have had incidents of coup, does not give a complete picture of the length of military rule in the countries. Some Countries, such as Togo, that has had only three coups, has been under a sort of military rule than some of the Countries that have had successive coups. In any event, it is difficult to see, in real term, how a civilian rule maintained by the force of arm and military repression conforms with the democratic will of the people. There was, in fact, consensus of opinion on this at the conference plenary.    

Conference Subthemes

During the four days of the conference, background papers on the seven subthemes of the conference were delivered and discussed. The subthemes were: (a) “rule of law, democracy and good governance: ECOWAS constitutional convergence principles in perspective”; (b) “ECOWAS mechanism for conflict prevention, management, resolution, peace keeping and security”; (c) “human rights as a factor for democracy, peace and security: duty of member states, to respect, protect and fulfil human rights”; (d) “lack of free, fair and transparent elections as a key source of conflict: holding member states accountable for their treaty obligations and the sanctions regime”; (e) “lack of free, fair and transparent elections as a key source of conflict: holding member states accountable for their treaty obligations and the sanctions regime”; (f) “the enabling legal environment for ECOWAS integration: ECOWAS Community law in perspective”; and (g) “an appraisal of the judgment enforcement mechanism of the ECOWAS Court of justice”.

The resource persons who presented background papers are the Hon. Justice Dr. Abou Bhakarr M. Binneh-Kamara J. Justice of Sierra Leone’s Superior Court of Judicature; Justice Dr. Richmond Osei-Hwere, Justice of the High Court of Ghana; Femi Falana SAN; Prof. Joy Ngozi Ezeilo, OON, SAN; Prof. Amos O Enabulele; Professor Kossi Mawuli Agokla; Dr. Tony Luka Elumelu, Ag. Director, Private Sector, Ecowas Commission; Janet R. Sallah-Njie, Commissioner, African Commission on Human and Peoples’ Rights; Prof Solomon T. Ebrobrah; Prof. Raymond A. Akutugba; N’Draman Kablan Fidele Amilcar, Judge at the Court of First Instance of Abidjan (Cote D’ivoire); Prof F.C. Nwoke; Prof Kofi Abotsi; Ladislau Clemente Fernando Embassa, Judge of the Guinea-Bissau Supreme Court of Justice and of the West African Economic and Monetary Union (WAEMU) Court of Justice; Mr. Anthony Anene-Maidoh, Former Chief Registrar, Community Court of Justice, ECOWAS; Prof. Muhammad Tawfiq Ladan; Professor Narey Oumarou; Diana Asonaba Dapaah , Deputy Attorney-General and Deputy Minister for Justice, Republic of Ghana; Dr. Brasca Ifeadi; Paul Ejime, Global Affairs Analyst, Consultant on Strategic Communications, Media, Governance Issues & Elections; Amie N.D Bensouda.

Closing Ceremony

At the closing ceremony, on 25^th of May, 2023, the President of the Court gladly announced that the government of The Gambia has notified the Court of the appointment of a competent national authority for the implementation of judgments of the Court in The Gambia. Importantly, the Government of The Gambia was commended at plenary for being the only member State with a 100% compliance with the judgments of the court against The Gambia. Whereas, the general compliance rate, according to the President of the Court, is regrettably less than 30%. To address this negative situation, the President urged member States that are yet to appoint a competent national authority to do so. This is in line with the provision of article 24(d) which provides that “[a]ll Member States shall determine the competent national authority for the purpose of recipient and processing of execution and notify the Court accordingly”.

The President also urged member States to domesticate the Revised Treaty to give the requisite normative status to ECOWAS legal regime in the national spheres of member States.

©Centre for Community Law, May, 2023

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