Former ECOWAS Commissioner for Internal Services, Prof. Nazifi Abdullahi Darma, has announced that the ECOWAS Community Court of Justice ruled that his removal and replacement before the expiration of his tenure were unlawful, in a judgment he described as a victory for the rule of law and institutional integrity.
Addressing journalists on the judgment delivered recently, Darma said the Court found that actions taken against him by the President of the ECOWAS Commission, Dr. Omar Alieu Touray and the Council of Ministers failed to comply with the legal procedures governing the removal of a Commissioner.
The dispute stemmed from a memorandum issued on 30 October 2025 by the then President of the ECOWAS Commission, which withdrew delegated authority previously exercised by Darma and allegedly raised concerns about his conduct and performance.
Darma told reporters that the Court rejected arguments that the memorandum was merely an administrative measure.
“It held that the memorandum was based on adverse allegations which significantly affected my responsibilities and formed part of a process aimed at my replacement,” he said.
According to him, the Court further found that the actions were taken “without prior notice or an effective opportunity for me to respond.”
Darma said the Court also clarified that the managerial authority of the President of the Commission does not extend to transferring or extinguishing powers assigned by Community law to another statutory office.
The former Commissioner said the Court went on to declare his removal and replacement unlawful because the legal conditions required for terminating a Commissioner’s mandate had not been met.
As relief, the Court ordered the payment of outstanding salaries, allowances and accrued financial benefits due from the date his tenure was unlawfully terminated until its expiry, less any sums already received.
The Court also awarded him general damages of US$50,000 for what it described as the non-pecuniary harm arising from the procedural unlawfulness and premature termination of his tenure, while directing the ECOWAS Commission to bear the costs of the proceedings.
Because his tenure expired on 31 August 2026, the Court did not order his reinstatement.
Reflecting on the judgment, Darma said: “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 added that the ruling reinforces the principle that Community officials can only be removed through lawful procedures and on legally recognised grounds.
