ECOWAS COURT AWARDS $50,000 TO FORMER COMMISSIONER OVER UNLAWFUL REMOVAL, ORDERS PAYMENT OF OUTSTANDING SALARIES

Court declares premature termination of appointment unlawful, reinforces due process and institutional accountability within ECOWAS.

Reported by Michael Ochili
24 October 2026 | Legal Diary News

The Community Court of Justice of the Economic Community of West African States (ECOWAS) has awarded $50,000 in general damages to Professor Nazifi Abdullahi Darma, a former Commissioner for Internal Services of the ECOWAS Commission, after declaring his removal and replacement before the expiration of his tenure unlawful.

The Court also ordered the payment of his outstanding salaries, allowances and other accrued financial entitlements from the date of his unlawful removal until the expiration of his tenure, less any amounts already received.

The judgment, delivered on 7 October 2026, followed a legal challenge instituted by Darma against the President of the ECOWAS Commission and the Council of Ministers over the circumstances surrounding his removal from office.

BACKGROUND OF THE DISPUTE

Professor Darma, who was nominated by Nigeria, was appointed Commissioner for Internal Services in July 2022.

His responsibilities included overseeing administration, procurement, budget and treasury operations, financial reporting, human resources and other essential administrative functions within the regional organisation.

The controversy reportedly began after Darma raised concerns about certain administrative practices within the Commission, including alleged irregularities in recruitment procedures, the participation of non-management personnel in management meetings and the assignment of statutory responsibilities to unauthorised officials.

According to Darma, these concerns were communicated to the leadership of the Commission but were not adequately addressed.

The disagreement escalated on 30 October 2025 when the then President of the ECOWAS Commission, Dr. Omar Alieu Touray, issued a memorandum withdrawing certain responsibilities previously exercised by Darma and raising allegations concerning his official conduct and performance.

Darma subsequently approached the ECOWAS Court on 3 November 2025 to challenge the actions.

While the proceedings were pending, Nigeria recalled him on 12 December 2025 and nominated a replacement, whose appointment was subsequently formalised by the ECOWAS Council of Ministers.

COURT DECLARES REMOVAL UNLAWFUL

In its judgment, the ECOWAS Court held that the process leading to Darma's removal failed to comply with the legal procedures governing the termination of a commissioner's appointment.

The Court rejected the argument that the memorandum withdrawing his responsibilities was merely an administrative measure.

It found that the actions substantially affected his statutory responsibilities and formed part of a process leading to his replacement without adequate notice or an effective opportunity to respond to the allegations against him.

The Court further clarified that the administrative powers of the President of the ECOWAS Commission do not extend to extinguishing or transferring responsibilities expressly assigned to another statutory office under Community law.

Significantly, the Court distinguished between the nomination of a commissioner by a member state and the commissioner's subsequent appointment under ECOWAS law.

It held that once appointed, a commissioner derives the authority to hold office from the applicable Community legal framework rather than solely from the government that nominated the individual.

Consequently, Nigeria's decision to recall Darma could not, by itself, terminate his appointment or create a vacancy in his office.

COURT ORDERS COMPENSATION AND PAYMENT OF ENTITLEMENTS

Having declared the removal unlawful, the Court awarded Darma $50,000 in general damages for the harm arising from the premature termination of his appointment and the failure to observe proper procedures.

It also directed the ECOWAS Commission to pay all outstanding salaries, allowances and accrued financial benefits due to him from the date of his unlawful removal until the expiration of his tenure.

The Court further ordered that the costs of the proceedings be assessed and paid by the Commission.

However, the Court declined to order his reinstatement because his tenure had already expired on 31 August 2026.

DARMA REACTS TO JUDGMENT

Reacting to the judgment while addressing journalists in Abuja on Friday, 23 October 2026, Professor Darma described the decision as a victory for the rule of law and institutional accountability.

He maintained that his decision to challenge the actions taken against him was motivated by the need to protect established administrative procedures and the integrity of ECOWAS institutions.

The former commissioner called on the leadership of ECOWAS to comply with the judgment and review relevant institutional regulations to prevent similar disputes.

He emphasised that the credibility of regional institutions depends on respect for their governing laws, established procedures and the rights of statutory officeholders.

LEGAL SIGNIFICANCE OF THE JUDGMENT

The decision raises important legal principles concerning statutory appointments, institutional independence, administrative justice and the limits of executive authority within regional organisations.

It reinforces the position that the appointment and removal of public officials whose offices are established by law must comply strictly with the relevant statutory provisions.

The judgment also highlights the distinction between political nomination and legal appointment, particularly where an individual assumes office under a regional treaty or other binding legal instrument.

Furthermore, the ruling underscores the importance of procedural fairness, including the right of an affected official to receive adequate notice and an opportunity to respond before adverse administrative decisions are taken.

The award of damages and outstanding entitlements demonstrates that unlawful removal from statutory office may attract financial consequences even where reinstatement is no longer practicable.

IMPLICATIONS FOR REGIONAL GOVERNANCE

Beyond the immediate dispute, the judgment has broader implications for governance and institutional accountability within ECOWAS.

It serves as a reminder that member states and officials of regional institutions must exercise their powers in accordance with the ECOWAS Treaty, supplementary protocols and other applicable legal instruments.

The decision may also influence future disputes concerning the independence, tenure and removal of statutory officeholders within regional institutions.

Ultimately, the judgment reinforces the principle that no administrative authority, regardless of its position or influence, is above the law.

It further demonstrates the important role of the ECOWAS Community Court of Justice in safeguarding institutional integrity, enforcing legal obligations and providing remedies against unlawful administrative actions.

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