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AGF Faces Backlash From SANs Over Warning On ECOWAS Court Judgments

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Eko Hot Blog reportys that the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), on Tuesday called on the ECOWAS Court of Justice to refrain from issuing unenforceable orders and judgments.

However, human rights lawyer Femi Falana (SAN) said the AGF should only speak for himself, arguing that Nigeria alone shuns ECOWAS Court orders. Falana said Nigeria disregards ECOWAS judgments as if still under military rule.

Similarly, Mike Ozekhome (SAN) said the ECOWAS Court has not made orders outside its jurisdiction, adding the Federal Government must take responsibility for ignoring regional court orders.

Earlier, Fagbemi urged the ECOWAS Court to “pay attention to the peculiarities of member states and refrain from issuing orders and judgments that are practically incapable of enforcement.”

But Falana said not all ECOWAS countries disobey the court like Nigeria. He gave examples of Ghana and The Gambia complying with ECOWAS judgments.

Falana linked coups in West Africa to disregard for domestic and regional court orders. He said African governments, including Nigeria, are yet to move past the era of military regimes that disregarded the rule of law.

Ozekhome also stated, “No order has been made by ECOWAS Court outside its legal mandate. It is the Federal Government of Nigeria that is disobeying ECOWAS Court orders.”

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The comments came during the Statutory ECOWAS Judicial Council meeting in Abuja, where CJN Olukayode Ariwoola promised to address issues affecting the West African judiciary as council chairman.

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