The ECOWAS Court of Justice has declared the removal and replacement of former Commissioner for Internal Services, Prof. Nazifi Abdullahi Darma, unlawful, ordering the ECOWAS Commission to pay him $50,000 in damages alongside outstanding remuneration and benefits due until the expiration of his tenure.
The judgment represents a setback for the leadership of the ECOWAS Commission and the Council of Ministers, which formalised Darma’s replacement following Nigeria’s decision to recall him and nominate a successor.
Speaking at a press briefing, Darma said the Court ruled that Nigeria’s recall of him did not automatically terminate his appointment or create a vacancy in the office, stressing that the right of a member state to nominate a commissioner must be exercised in accordance with the legal protections governing the position.
According to him, the Court examined the process that led to his replacement, which began with a memorandum issued by the former President of the ECOWAS Commission on October 30, 2025.
He explained that the Court found the memorandum was not merely an administrative measure but formed part of a process that substantially affected his responsibilities and eventually resulted in his replacement.
The Court also found that the process was conducted without giving him an adequate opportunity to respond to the allegations against him, raising concerns about compliance with the principles of fairness and due process.
Darma said the Court further held that neither Nigeria’s subsequent recall nor the Council of Ministers’ decision to formalise his replacement satisfied the legal requirements under ECOWAS instruments for terminating a commissioner’s mandate.
Consequently, the Court declared his removal and replacement unlawful and ordered the ECOWAS Commission to settle his outstanding remuneration and benefits for the remainder of his tenure.
In addition to the financial obligations, the Court awarded him $50,000 in damages and directed the ECOWAS Commission to bear the costs of the legal proceedings.
Reacting to the judgment, Darma described the ruling as a broader affirmation of the rule of law and institutional accountability within the regional organisation.
“This judgment is not a personal victory. It is a victory for the rule of law, institutional integrity, accountability and due process within ECOWAS,” he said.
He urged the relevant ECOWAS institutions to comply fully with the judgment, emphasising the need to strengthen institutional procedures and ensure that future decisions concerning commissioners comply with the organisation’s legal framework.
Darma also called for a review of existing rules to prevent similar disputes and reinforce respect for due process in the administration of ECOWAS institutions.
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