By Stella Odueme
The ECOWAS Court of Justice has declared the removal and replacement of former Commissioner for Internal Services of the ECOWAS Commission, Prof. Nazifi Abdullahi Darma, unlawful, awarding him $50,000 in general damages.
The court also ordered the payment of all outstanding salaries, allowances and other accrued financial entitlements due to Darma from the date his tenure was unlawfully terminated until its expiration, less any sums already received.
Darma disclosed this while addressing journalists on the judgment delivered on October 7, 2026, in his case against the President of the ECOWAS Commission and the Council of Ministers on Friday in Abuja.
He said the court further ordered the ECOWAS Commission to pay the costs of the legal proceedings, which are to be assessed.
According to him, the judgment followed 11 months of legal proceedings instituted after the former President of the ECOWAS Commission allegedly withdrew his delegated authority, made adverse allegations about his conduct and performance, and initiated steps towards his replacement.
Darma, who was nominated by Nigeria and appointed Commissioner for Internal Services for a four-year term beginning July 16, 2022, said the dispute arose from concerns he raised about administrative practices and governance within the regional organisation.
He listed the issues to include the participation of non-management personnel in management meetings, the absence of objective and consistent scoring procedures in the recruitment and selection 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 the Republic of Niger.
He said he formally communicated these concerns to the then President of the Commission and, in some instances, the Chair of the Council of Ministers, but the issues were neither adequately addressed nor resolved.
According to Darma, the situation escalated on October 30, 2025, when the former President of the Commission issued a memorandum purportedly withdrawing his delegated authority, making adverse allegations against him and initiating a process to replace him.
He said he subsequently approached the ECOWAS Court of Justice on November 3, 2025, challenging the actions.
While the case was pending, Nigeria purportedly recalled him on December 12, 2025, and nominated a successor, whose replacement was later formalised by the Council of Ministers.
Explaining the court's findings, Darma said the judges rejected the argument that the October 30, 2025, memorandum was merely an administrative measure.
He said the court found that the memorandum contained adverse allegations that significantly affected his responsibilities and formed part of a process aimed at replacing him.
According to him, the court held that the actions were taken without prior notice or an effective opportunity for him to respond to the allegations.
He added that the court clarified that the managerial authority of the President of the ECOWAS Commission did not extend to transferring or extinguishing powers and responsibilities assigned to another statutory office under Community law.
Darma said the judgment also established that Nigeria's recall of him did not automatically terminate his mandate as a commissioner.
He explained that the court distinguished between nomination and appointment, holding that once a commissioner had been appointed, the mandate derived from Community law rather than the authority of the member state that nominated the individual.
Consequently, he said, Nigeria's recall did not, by itself, terminate his appointment or create a vacancy in the office.
The court, according to Darma, applied the relevant provisions of the ECOWAS Treaty and supplementary protocols in concluding that his removal and replacement were unlawful because the legal conditions for terminating a commissioner's mandate had not been met.
Darma said the court did not order his reinstatement because his tenure expired on August 31, 2026.
He, however, described the financial awards and the court's findings as significant for accountability and the protection of statutory appointments within ECOWAS.
He said the judgment was not a personal victory but a reaffirmation of the rule of law, institutional integrity, accountability and due process within the regional organisation.
According to him, the ruling reinforces the principle that statutory appointees of the Community can only be removed through lawful procedures and on legally recognised grounds.
He said the decision would help safeguard ECOWAS institutions against arbitrary actions capable of undermining their credibility and effectiveness.
Reflecting on the dispute, the former commissioner said his actions were motivated by a commitment to institutional integrity and proper governance rather than personal interest.
He noted that ECOWAS had operated for more than five decades through the dedication and sacrifice of people across West Africa, adding that protecting the rules, procedures and values sustaining the organisation was a responsibility he took seriously.
“I was not among those who founded the institution, but I became one of its senior officials and considered it my duty to protect the systems, procedures, and values that sustain it,” he said.
Darma added that he would take the same position again if confronted with similar circumstances, insisting that institutions could only survive when established rules, procedures and processes were respected.
He expressed appreciation to his legal team, colleagues, friends and supporters who stood by him throughout the legal battle.
He also commended the ECOWAS Court of Justice for what he described as a landmark judgment reinforcing fairness, accountability and the rule of law within the Community.
The former commissioner called on all ECOWAS institutions to comply fully with the judgment and review relevant protocols and regulations where necessary to eliminate ambiguities and prevent similar disputes in the future.