ECOWAS Court Rules Darma’s Removal Unlawful, Awards $50,000 Damages… Orders payment of outstanding salaries and allowances

Oru Leonard

The Community Court of Justice of the Economic Community of West African States (ECOWAS) has ruled that the removal and replacement of former Commissioner for Internal Services, Professor Nazifi Abdullahi Darma, were unlawful, awarding him $50,000 in general damages.

The judgment, delivered on October 7, 2026, also directed the payment of his outstanding salaries, allowances and accrued financial entitlements from the date his tenure was unlawfully terminated until its expiration, less any amounts already received.

Darma disclosed the outcome during a press briefing, describing the judgment as a significant affirmation of the rule of law, institutional accountability and due process within the regional organisation.

The court further ordered the ECOWAS Commission to bear the costs of the legal proceedings, which are to be assessed.

According to Darma, the court did not order his reinstatement because his tenure expired on August 31, 2026.

How the Dispute Started

Darma said he was nominated by the Federal Republic of Nigeria and appointed Commissioner for Internal Services of the ECOWAS Commission for a four-year term beginning 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.

He explained that following institutional reforms within ECOWAS, responsibilities previously handled by four commissioners were consolidated under his office.

He consequently served as a senior official overseeing critical financial, procurement, human resources and grants management functions while also acting as custodian of the Commission’s Rules of Procedure.

However, Darma said disagreements arose after he raised concerns about certain institutional practices, including the participation of non-management personnel in management meetings, the absence of objective and consistent scoring procedures in the recruitment of senior officials, and the assignment of the responsibilities of the Department of Infrastructure, Energy and Digitalisation to a non-statutory official.

He said the concerns were formally communicated to the then President of the ECOWAS Commission and, in some instances, the Chair of the Council of Ministers, but were not adequately addressed.

According to him, the dispute escalated when the former President of the Commission issued a memorandum dated October 30, 2025, purporting to withdraw his delegated authority, making adverse allegations concerning his conduct and performance, and initiating a process to replace him.

Darma said he subsequently instituted proceedings before the ECOWAS Court of Justice on November 3, 2025.

While the case was pending, Nigeria purportedly recalled him on December 12, 2025, and nominated a successor, whose replacement was subsequently formalised by the Council of Ministers.

Court Faults Procedure Used Against Darma

Explaining the court’s findings, Darma said the judges rejected the argument that the October 30, 2025 memorandum was merely an administrative measure.

He stated that 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.

The court also clarified, he said, that the managerial authority of the President of the Commission did not extend to transferring or extinguishing powers and responsibilities assigned to another statutory office under Community law.

Darma said the judgment underscored the limits of administrative authority within ECOWAS and the need for institutional decisions to comply with established legal procedures.

Nigeria’s Recall Did Not End His Mandate

On the effect of Nigeria’s recall, Darma said the court distinguished between the nomination of a commissioner by a member state and the appointment that confers a mandate under Community law.

According to him, the court held that once appointed, a commissioner derives his mandate from Community law rather than solely from the member state that nominated him.

Consequently, the court declared that Nigeria’s recall of Darma did not, in itself, terminate his appointment or create a vacancy in his office.

He said the court 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.

Court Orders Financial Compensation

The reliefs granted by the court include payment of all outstanding salaries, allowances and accrued financial entitlements due to Darma from the date his tenure was unlawfully terminated until August 31, 2026, when his appointment expired.

The court also awarded him $50,000 in general damages for the non-pecuniary harm arising from the procedural irregularities and premature termination of his tenure.

In addition, the ECOWAS Commission was ordered to pay the costs of the proceedings, subject to assessment.

Although the judgment did not result in his reinstatement, Darma said the financial awards and legal findings addressed the principal issues raised in his case.

Darma: Judgment Goes Beyond Personal Victory

Reflecting on the ruling, the former commissioner said the case was not about personal victory but about protecting institutional integrity and ensuring compliance with the law.

“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.

He maintained that statutory appointees of the regional organisation must be protected from arbitrary removal and that their tenure can only be terminated in accordance with legally recognised grounds and prescribed procedures.

Darma added that ECOWAS, which has operated for more than five decades, was built on the commitment and sacrifices of people across West Africa and must preserve the rules and systems that sustain its credibility.

He said his actions throughout the dispute were guided by a commitment to proper governance rather than personal interest.

“If faced with similar circumstances in the future, I would take the same stand again,” he declared.

He added that institutions could only survive and function effectively when established rules, procedures and processes were respected.

Calls for Compliance With Judgment

Darma called on all ECOWAS institutions to comply fully with the court’s judgment and review relevant protocols and regulations where necessary to address ambiguities and prevent similar disputes in the future.

He also expressed appreciation to his legal team, colleagues, friends and supporters who stood by him throughout the proceedings.

The former commissioner thanked the ECOWAS Court of Justice for what he described as a landmark judgment reinforcing fairness, accountability and the rule of law within the regional community.

He concluded by reaffirming his commitment to regional integration and the institutional principles underpinning ECOWAS.