ECOWAS Court rules removal of former Commissioner unlawful

The ECOWAS Community Court of Justice has ruled that the removal and replacement of Prof. Nazifi Abdullahi Darma, the former ECOWAS Commissioner for Internal Services, was unlawful. The court found that the process, which was supported by the Council of Ministers, failed to meet legal requirements for ending his mandate.

The dispute originated from a memorandum issued by the then President of the ECOWAS Commission, Dr. Omar Alieu Touray, which withdrew Darma's responsibilities without providing him an effective opportunity to respond to adverse allegations. The court also rejected the argument that Nigeria's recall of Darma automatically ended his tenure, stating that a Commissioner derives his mandate from Community law rather than the nominating Member State.

As a result of the judgment, the court awarded Darma $50,000 in general damages and ordered the payment of his outstanding salaries, allowances, and accrued financial entitlements from the date of his unlawful termination until the expiration of his term. While the court ordered the ECOWAS Commission to pay the costs of the proceedings, it did not order reinstatement as his four-year tenure had already expired on August 31, 2026.