ECOWAS Court: Justice Gonçalves Pushes for Complementary Act 2025 Reforms

• The ECOWAS Court of Justice is undergoing significant reforms following its 25th anniversary, as announced by President Justice Recardo Gonçalves.
• Key changes include the approval of the ECOWAS Court Complementary Act 2025 and the adoption of the ECOWAS Court Arbitration Rules 2025 in December 2025.
• Consultations are also in progress for the establishment of an ECOWAS Court Appeal Division to strengthen judicial guarantees.
• A major challenge identified is the full and timely enforcement of court judgments, a topic addressed at the 2026 Annual International Conference.
• These ECOWAS Court of Justice reforms aim to enhance the institution's effectiveness, accessibility, and contribution to regional integration.

A cornerstone of the ongoing ECOWAS Court of Justice reforms is the approval of the Complementary Act on the ECOWAS Court of Justice, which occurred in December 2025.

The Community Court of Justice, ECOWAS, recently marked its 25th anniversary, prompting a significant call for institutional reform to bolster its efficacy and enhance justice delivery across the West African region. Speaking at the 2026 Annual International Conference of the ECOWAS Court of Justice in Dakar, Senegal, Justice Recardo Gonçalves, the Court's President, emphasized that this milestone offered a crucial opportunity for introspection on past achievements and for articulating an ambitious future trajectory. He highlighted the Court's journey over the past quarter-century, noting its transformation into a pivotal regional judicial body through a series of progressive reforms, most notably the expansion of its mandate to encompass human rights protection.

Justice Gonçalves underscored the profound impact of the Court's jurisprudence, which has been instrumental in safeguarding human rights, fostering legal certainty, strengthening democratic governance, and advancing the broader agenda of regional integration. However, he cautioned that the institution now stands at a critical juncture, necessitating profound adaptation to the dynamic shifts occurring in governance, technological advancements, evolving human rights landscapes, increased regional mobility, and economic transformation. These contemporary realities, coupled with the escalating expectations of citizens, demand continuous innovation and responsiveness from the Court.

In response to these challenges, the ECOWAS Court has initiated a comprehensive institutional transformation process. This strategic undertaking aims to significantly improve the Court's overall effectiveness, enhance its accessibility to regional citizens, and ensure its responsiveness to the complex legal and social issues it faces. The ongoing ECOWAS Court of Justice reforms are designed to solidify the Court's role as a cornerstone of justice within the Economic Community of West African States.

A cornerstone of the ongoing ECOWAS Court of Justice reforms is the approval of the Complementary Act on the ECOWAS Court of Justice, which occurred in December 2025. This pivotal legislative development is designed to streamline and fortify the Court's foundational legal framework by harmonizing the existing 1991 and 2005 protocols that govern its operations. The new Act is expected to provide a more coherent and robust legal basis for the Court's expanded jurisdiction and evolving functions.

Concurrently, December 2025 also saw the adoption of the ECOWAS Court Arbitration Rules 2025. These new rules are set to introduce innovative avenues for the peaceful and efficient resolution of disputes within the region, offering an alternative or complementary mechanism to traditional litigation. The introduction of these arbitration rules signifies a strategic move to broaden the Court's capacity for dispute settlement, catering to a wider array of commercial and civil disagreements.

Further enhancing judicial guarantees and improving the administration of justice, discussions are actively underway among Community stakeholders regarding the establishment of an ECOWAS Court Appeal Division. This proposed reform is intended to instill greater confidence in the Court’s procedures and decisions by providing an additional layer of judicial review. Such a division would represent a significant structural enhancement, aiming to refine the quality and finality of judgments rendered by the Court.

Despite these significant advancements and planned reforms, a critical challenge facing regional justice enforcement challenges remains the full and timely implementation of court judgments. Justice Gonçalves highlighted this as a primary concern, noting that the 2026 conference would specifically address this imperative need. Participants are expected to deliberate on practical strategies to strengthen human rights protection, foster innovation, promote good governance, and deepen regional integration, all while seeking solutions to enhance judgment enforcement.

The conference convened a diverse group of participants, including judges, policymakers, academics, legal practitioners, representatives from international organizations, and civil society actors. Justice Gonçalves urged these attendees to formulate concrete, innovative, and viable proposals aimed at reinforcing the Court's institutional framework. The ultimate goal is to improve access to justice, boost judicial effectiveness, and deepen the Court's overall contribution to the regional integration agenda. He emphasized that the future trajectory of regional justice hinges not only on institutional structures but also on the collective quality of reflection, strategic partnerships, and collaborative efforts among all stakeholders.

Lawyers and compliance officers should monitor the upcoming approval and implementation of the ECOWAS Court's Complementary Act and Arbitration Rules in December 2025, as these will significantly reshape the Court's legal framework and dispute resolution mechanisms, impacting regional litigation and arbitration strategies. They should also watch for developments regarding the proposed Appeal Division and efforts to improve judgment enforcement.

Source: Reporting based on statements from the ECOWAS Court of Justice.