ECOWAS Court: Prof Nazifi Abdullahi Darma Judgment Awards $50K Damages

• The ECOWAS Court of Justice ruled that the removal of Prof. Nazifi Abdullahi Darma, former Commissioner for Internal Services, was unlawful.
• Prof. Darma was awarded $50,000 in general damages for non-pecuniary harm and ordered to receive all outstanding salaries and allowances until his tenure's expiration.
• His four-year tenure, which began on July 16, 2022, concluded on August 31, 2026, preventing a reinstatement order.
• The dispute arose after Prof. Darma raised concerns about institutional irregularities, including recruitment procedures and management meeting participation.
• The ECOWAS Commission is also mandated to cover the costs associated with the legal proceedings.

The ECOWAS Court of Justice ruling in favor of Prof. Nazifi Abdullahi Darma reinforces the critical importance of due process and institutional accountability within the regional body.

The ECOWAS Court of Justice has delivered a significant ruling concerning Prof. Nazifi Abdullahi Darma, a former Commissioner for Internal Services of the ECOWAS Commission, finding that his removal and subsequent replacement prior to the conclusion of his term were unlawful. In its judgment issued on October 7, 2026, the court ordered the payment of $50,000 in general damages to Prof. Darma. This award specifically addresses the non-pecuniary harm he suffered due to the procedural unlawfulness and the premature termination of his tenure.

Beyond the general damages, the ECOWAS Court judgment also mandated that Prof. Darma receive all outstanding salaries, allowances, and accrued financial entitlements. These payments are to cover the period from the date his tenure was unlawfully cut short until its original expiration date, with any previously received sums to be deducted. The court further stipulated that the costs associated with the legal proceedings must be assessed and subsequently paid by the ECOWAS Commission, which was a defendant in the case alongside the President of the ECOWAS Commission and the Council of Ministers.

Despite the favorable ruling for Prof. Darma, the court did not order his reinstatement to the Commissioner for Internal Services position. This decision was made because his four-year tenure, which commenced on July 16, 2022, had already naturally concluded on August 31, 2026, rendering reinstatement impractical. Prof. Darma publicly announced the details of this judgment on a Friday following the court's decision, highlighting its broader implications for institutional conduct within the regional body.

Prof. Nazifi Abdullahi Darma was initially nominated by Nigeria and appointed as the Commissioner for Internal Services in 2022, overseeing a broad portfolio that included Administration and General Services, Procurement, Budget and Treasury, Financial Reporting and Grants, Human Resources, Conference and Protocol Services, and Internal Telecommunications. His role expanded significantly following institutional reforms within ECOWAS, which consolidated responsibilities previously managed by four commissioners under his single office. Consequently, he effectively functioned as the Community's chief officer for finance, procurement, human resources, and grants management, while also serving as the custodian of the Commission's Rules of Procedure.

The genesis of the dispute, which ultimately led to the ECOWAS Court judgment, lay in a series of concerns raised by Prof. Darma regarding internal institutional practices. He formally communicated issues such as the involvement of non-management personnel in management meetings, the absence of clear and consistent scoring procedures for the recruitment of senior officials, and the assignment of responsibilities for the Department of Infrastructure, Energy and Digitalisation to an individual who was not a statutory official, following the departure of the commissioner from Niger. These concerns were brought to the attention of the then President of the Commission and, in some instances, the Chair of the Council of Ministers, but they reportedly remained unaddressed and unresolved.

The situation escalated dramatically when the former President of the Commission issued a memorandum on October 30, 2025, which purported to withdraw Prof. Darma's delegated responsibilities. This action precipitated 11 months of legal proceedings, culminating in the recent ECOWAS Court of Justice ruling. The case underscores the challenges that can arise when internal governance issues are not adequately resolved within regional organizations, leading to legal challenges over due process and the rights of statutory appointees.

The ECOWAS Court of Justice ruling in favor of Prof. Nazifi Abdullahi Darma reinforces the critical importance of due process and institutional accountability within the regional body. This ECOWAS Court judgment serves as a powerful affirmation that statutory appointees within the ECOWAS Commission are entitled to fair treatment and that their removal must adhere to established legal and procedural frameworks. The award of $50,000 in general damages specifically for "procedural unlawfulness" highlights the court's recognition of the harm caused by deviations from proper administrative conduct, even when reinstatement is no longer an option.

Prof. Darma himself characterized the ruling as a victory far beyond his personal circumstances. He stated that the judgment represents a triumph for the rule of law, institutional integrity, accountability, and due process across ECOWAS. This perspective emphasizes that the court's decision sets a significant precedent, sending a clear message to the ECOWAS Commission and its leadership about the necessity of upholding internal regulations and respecting the terms of appointment for its officials. The order for the ECOWAS Commission to pay the costs of the proceedings further underscores its culpability in the unlawful termination.

This case, centered on Prof. Darma's unlawful termination, demonstrates the ECOWAS Court of Justice's willingness to intervene and enforce compliance with internal governance standards. It provides a vital mechanism for redress for individuals who believe their rights have been violated within the regional institutional framework. The ruling ensures that even high-ranking officials, like a Commissioner, have recourse when due process is disregarded, thereby strengthening the overall institutional accountability of ECOWAS.

This judgment reinforces the importance of due process and institutional accountability within ECOWAS, setting a precedent for challenging unlawful terminations of statutory appointees. Lawyers advising employees or institutions within regional bodies should note the potential for significant damages and back pay awards in cases of procedural unlawfulness.

Source: Original reporting via The PUNCH