The ECOWAS Court of Justice has ruled in favour of former Commissioner for Internal Services Prof. Nazifi Abdullahi Darma, finding that the process through which he was removed and replaced by ECOWAS authorities did not comply with Community law.
The judgment marks a setback for actions taken by both the leadership of the ECOWAS Commission and the Council of Ministers, which formalised Darma’s replacement after Nigeria recalled him and nominated a successor.
At a press briefing, Darma said the Court drew a distinction between a member state’s right to nominate a Commissioner and the legal protections attached to the office once an appointment has been made.
“The Court therefore declared that Nigeria’s recall of me did not, by itself, terminate my appointment or create a vacancy in my office,” he said.
According to Darma, the Court determined that the process leading to his replacement began with a memorandum issued by the former President of the Commission on 30 October 2025.
The Court found that the memorandum was not merely an administrative measure but formed part of a process that significantly affected his responsibilities and ultimately led to his replacement.
It also held that the actions were taken without affording him an adequate opportunity to answer allegations made against him.
Despite Nigeria’s subsequent recall and the Council of Ministers’ decision to formalise a replacement, the Court ruled that the legal conditions required under ECOWAS legal instruments for terminating a Commissioner’s mandate had not been met.
As a result, the Court declared the removal and replacement unlawful and ordered that Darma be paid outstanding remuneration and benefits due until the expiry of his tenure.
The Court also awarded US$50,000 in damages and ordered the ECOWAS Commission to bear the costs of the proceedings.
Darma said the ruling went beyond his personal circumstances.
“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 told journalists.
He called on ECOWAS institutions to comply fully with the judgment and review existing rules to avoid similar disputes in the future.
