By Joy Omagha Idam
The Community Court of Justice of the Economic Community of West African States (ECOWAS) has ruled in favour of Prof. Nazifi Abdullahi Darma, former Commissioner for Internal Services of the ECOWAS Commission, declaring his removal and replacement before the expiration of his tenure unlawful.
In its judgment delivered on October 7, 2026, the Court ordered the payment of his outstanding salaries, allowances and other accrued financial entitlements, alongside $50,000 in general damages for the non-pecuniary harm arising from the procedural irregularities and premature termination of his tenure.
The Court also directed the ECOWAS Commission to bear the costs of the legal proceedings. However, it declined to order Darma’s reinstatement because his four-year tenure had expired on August 31, 2026.
In a press briefing on the judgment, Darma described the decision as a victory for the rule of law, institutional accountability and due process, insisting that statutory appointees of the regional organisation must be protected against arbitrary removal.
Background to the Dispute
Darma was appointed Commissioner for Internal Services following his nomination by the Federal Republic of Nigeria for a four-year term beginning July 16, 2022.
His portfolio covered administration and general services, procurement, budget and treasury, financial reporting and grants, human resources, conference and protocol services, and internal telecommunications.
Following institutional reforms, responsibilities previously distributed among four commissioners were consolidated under his office, placing him at the centre of the Commission’s financial, administrative and human resource management operations.
According to Darma, the dispute arose after he raised concerns about governance and administrative practices within the Commission.
These included the participation of non-management personnel in management meetings, the absence of objective and consistent scoring procedures in the recruitment of senior officials, and the assignment of responsibilities belonging to the Department of Infrastructure, Energy and Digitalisation to a non-statutory official following the departure of the commissioner from Niger.
He said the concerns were formally communicated to the then President of the ECOWAS Commission and, in some instances, the Chair of the Council of Ministers, but were not adequately resolved.
The situation escalated on October 30, 2025, when the former Commission President issued a memorandum purporting to withdraw Darma’s delegated authority, making adverse allegations about his conduct and performance and initiating steps towards his replacement.
Darma subsequently filed a case before the ECOWAS Court of Justice on November 3, 2025.
While the case was pending, Nigeria recalled him on December 12, 2025, and nominated a successor, whose replacement was later formalised by the Council of Ministers.
Court Rejects Procedure Used to Remove Him
Darma said the Court rejected the argument that the October 30 memorandum was merely an administrative measure.
Instead, it found that the memorandum contained adverse allegations that significantly affected his responsibilities and formed part of a process intended to replace him.
The Court held that the actions were taken without prior notice or an effective opportunity for him to respond, thereby violating the applicable procedural requirements.
It also clarified that the managerial authority of the Commission President did not extend to transferring or extinguishing powers and responsibilities assigned to another statutory office under Community law.
On Nigeria’s recall of Darma, the Court distinguished between the nomination of a candidate by a Member State and the subsequent appointment to a Community office.
According to the judgment, once appointed, a commissioner derives his mandate from ECOWAS law rather than continuing to hold office solely at the discretion of the nominating country.
Consequently, Nigeria’s recall of Darma did not, in itself, terminate his appointment or create a vacancy in his office.
Applying the relevant provisions of the ECOWAS Treaty and supplementary protocols, the Court concluded that the legal requirements for terminating his mandate had not been satisfied, making his removal and replacement unlawful.
Financial Compensation and Institutional Implications
The Court ordered the Commission to pay all outstanding salaries, allowances and accrued entitlements due to Darma from the date his tenure was unlawfully cut short until its scheduled expiration, after deducting any amounts already received.
It further awarded him $50,000 in general damages for the non-financial harm associated with the procedural violations and premature termination of his tenure.
Darma maintained that the judgment should not be viewed as a personal triumph but as an affirmation of the principles necessary for effective regional governance.
He argued that statutory officeholders must be allowed to discharge their responsibilities within the framework of established laws and procedures, without arbitrary interference that could weaken institutional credibility.
Reflecting on ECOWAS’ more than five decades of existence, he said the organisation was built through the dedication and sacrifices of people across West Africa, adding that protecting its systems and values was a responsibility he took seriously as a senior official.
He maintained that his actions throughout the dispute were motivated by a commitment to institutional integrity rather than personal interest, adding that he would take the same position again if confronted with similar circumstances.
Darma expressed appreciation to his legal team, colleagues, friends and supporters, as well as the ECOWAS Court, for its decision.
He called on ECOWAS institutions to comply fully with the judgment and review relevant protocols and regulations to eliminate ambiguities and prevent similar disputes in the future.
He said the ruling reinforces a fundamental principle: appointments governed by Community law can only be terminated through legally recognised grounds and established procedures.
Darma concluded by reaffirming his support for regional integration, institutional accountability and the rule of law, declaring: “Long live ECOWAS. Long live regional integration. Long live the rule of law.”