The ECOWAS Court of Justice has awarded 50,000 dollars in general damages to former ECOWAS Commission Commissioner for Internal Services, Professor Nazifi Abdullahi Darma, over the unlawful termination of his tenure.
The court also ordered the payment of his outstanding salaries, allowances and other accrued financial entitlements up to the expiration of his tenure, less any amounts already received.
Professor Darma stated this while addressing journalists on the judgment delivered in his case against the immediate past President of the ECOWAS Commission Dr. Omar Touray and the Council of Ministers.
He said the judgment found that the withdrawal of his responsibilities, his recall and his replacement before the expiration of his statutory tenure were unlawful.
Describing the ruling as a victory for institutional accountability, Professor Darma said it reinforced the need for due process and respect for the laws governing the Economic Community of West African States (ECOWAS).
“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.
Professor Darma was appointed Commissioner for Internal Services of the ECOWAS Commission following his nomination by Nigeria for a four-year tenure that commenced on July 16, 2022.
His responsibilities covered administration and general services, procurement, budget and treasury, financial reporting and grants, human resources, conference and protocol services, and internal telecommunications.
According to him, institutional reforms within the Commission consolidated responsibilities previously handled by four commissioners under his office, making him responsible for several critical administrative and financial functions.
He explained that the dispute arose after he raised concerns about the participation of non-management personnel in management meetings, the absence of objective scoring procedures for recruiting senior officials, and the assignment of responsibilities belonging to the Department of Infrastructure, Energy and Digitalisation to a non-statutory official.
Professor Darma said he formally communicated the concerns to the then President of the ECOWAS Commission and, in some instances, the Chair of the Council of Ministers, but the issues were not adequately resolved.
He subsequently challenged a memorandum dated October 30, 2025, through which the former Commission President withdrew his delegated authority, made adverse allegations about his conduct and performance, and initiated steps towards his replacement.
Professor Darma instituted proceedings before the ECOWAS Court of Justice on November 3, 2025.
According to his account of the judgment, the court rejected the argument that the memorandum was merely an administrative measure, finding that it formed part of a process that significantly affected his responsibilities and sought his replacement.
He said the court found that the actions were taken without prior notice or an effective opportunity for him to respond.
The court also clarified that the President of the Commission’s managerial authority did not extend to transferring or extinguishing powers and responsibilities assigned to another statutory office under Community law.
Professor Darma said the court also ruled that Nigeria’s recall of him on December 12, 2025, did not, by itself, terminate his appointment as commissioner.
Nigeria had nominated a successor, after which the Council of Ministers formalised his replacement while the case was pending.
However, the court distinguished between nomination by a member state and appointment under ECOWAS law.
According to Darma, the court held that once appointed, a commissioner derives the mandate from Community law rather than from the member state that nominated the official.
It therefore declared that Nigeria’s recall did not automatically terminate his appointment or create a vacancy in his office.
The court further ruled that his removal and replacement were unlawful because the legal conditions required to terminate a commissioner’s mandate had not been met.
Although the court ruled in his favour on the principal issues, Darma said it did not order his reinstatement because his tenure expired on August 31, 2026.
Instead, the court ordered the payment of outstanding salaries, allowances and accrued financial entitlements from the date his tenure was unlawfully terminated until its expiration, after deducting any amounts already received.
It also awarded him 50,000 dollars in general damages for non-pecuniary harm arising from the procedural irregularities and premature termination of his tenure.
The ECOWAS Commission was further ordered to pay the costs of the proceedings, which are to be assessed.
The former commissioner said the ruling had broader implications for governance and accountability within the regional institution, stressing that statutory appointees must be protected against arbitrary decisions.
He maintained that officials appointed under Community law could only be removed through established legal procedures and on recognised grounds.
“Institutions survive only when rules, procedures, and established processes are respected,” Darma said, adding that he would take the same position again if confronted with similar circumstances.
He urged ECOWAS institutions to comply fully with the judgment and review relevant protocols and regulations to eliminate ambiguities and prevent similar disputes in the future.
Professor Darma also expressed appreciation to his legal team, colleagues, friends and supporters, as well as the ECOWAS Court of Justice, for what he described as a landmark ruling reinforcing fairness and the rule of law.
The case raises questions about the relationship between member states’ authority to nominate or recall officials and the legal protections governing appointments to statutory positions within regional institutions.
