ECOWAS court president: Justice belongs to the people, Not just courts

The President of the Community Court of Justice, ECOWAS, Justice Ricardo Goncalves, has passionately advocated for justice to extend beyond the confines of courtrooms and permeate the very heart of West African communities.

Justice Goncalves made this significant call on Monday in Lagos, during a sensitization outreach organized by the Community Court of Justice of the Economic Community of West African States (ECOWAS).

“The President of the Community Court of Justice, ECOWAS, Justice Ricardo Goncalves, has called for justice to be brought out of courtrooms to the heart of West African communities.”

Justice Goncalves emphasized that the perception of justice has long been limited to formal legal settings and documents, asserting that it is imperative to usher in a transformative change.

He stressed that justice must cease to be the exclusive “language of the privileged” or an unattainable “distant dream,” but rather become an inherent birthright accessible to every citizen, irrespective of their geographical location, from remote villages to bustling urban centers.

He underscored the fundamental need to address the crucial question of why the court must actively engage with citizens.

According to Justice Goncalves, “justice hidden was justice denied.” He elaborated that when individuals, including farmers, women, and children, are unable to access justice due to geographical distance, lack of essential information, or other systemic barriers, the court effectively fails in its fundamental oath and mandate.

“The era of justice being perceived as distant, slow, or inaccessible must come to an end,” Justice Goncalves firmly stated. “Justice should not be reserved for the elite or seen as a luxury for the informed few. Instead, justice should be accessible and meaningful to all.”

The Chief Registrar of the ECOWAS Court, Dr Yaouza Ouro-Sama, provided a historical overview of the court, noting its establishment in 1991 with the primary objective of resolving disputes among ECOWAS member states.

He highlighted the significant expansion of the court’s mandate in 2005 to encompass human rights violations, granting direct access to the court for individuals and corporate bodies seeking redress.

Dr Ouro-Sama emphasized that the court’s human rights jurisdiction has become its most prominent mandate and a central pillar of its judicial activities.

The Chief Registrar acknowledged a critical challenge: the widespread lack of awareness among community citizens regarding the court’s existence, its core mandate, its jurisdictional scope, and its operational procedures.

“To address this, the court has embarked on a sensitization programme to engage with stakeholders, including government authorities, institutions, and citizens,” he explained. “ECOWAS Court of Justice belong to the member states and community citizens, and it is essential to involve all stakeholders in the court’s affairs. The court aims to maintain a cordial relationship with national courts and is not in competition with them.”

Dr Ouro-Sama appealed to the government and the people of Lagos State to extend their support to the ECOWAS Court of Justice in the effective discharge of its judicial mandate, expressing hope that the sensitization programme would yield mutually beneficial outcomes for all parties involved.

Mr Lawal Pedro (SAN), the Attorney-General and Commissioner of Justice for Lagos State, expressed his privilege in collaborating with the ECOWAS institutions, recognizing it as both a privilege and a responsibility aimed at fostering justice, promoting regional integration, and upholding fundamental human rights. “This partnership underscores Lagos State’s commitment to upholding these values,” Mr Pedro affirmed.

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He highlighted the state’s dedication to its association with the ECOWAS court, with the shared goals of promoting human rights, upholding the rule of law, and ensuring equitable access to justice for all.

Mr Pedro commended the court’s crucial mandate and encouraged legal practitioners to deepen their understanding of its procedures and jurisprudence, urging the legal community to actively engage with the opportunities presented by the ECOWAS court.

Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, who presided over the ceremony, affirmed the indispensable role played by the ECOWAS court in safeguarding fundamental rights and strengthening the rule of law across the West African region.

She emphasized that the ECOWAS court does not pose a threat to national judiciaries but rather serves as a complementary body in addressing complex cross-border challenges such as corruption, terrorism, and human rights violations.

“No single national judiciary can effectively respond to these transnational issues,” Justice Kekere-Ekun stated.

“The ECOWAS court enhances consistency in the application of regional legal instruments and provides a reliable forum for resolving disputes beyond national jurisdictions.”