Abdul Muhammed Law Practice
Abdul Muhammed Law Practice writes about how businesses in Nigeria can use the ECOWAS Court for commercial dispute resolution.
Introduction
The Economic Community of West African States (ECOWAS) has made significant strides in fostering regional integration and cooperation in West Africa.
Among its many achievements, the ECOWAS Court of Justice stands as a cornerstone of the organization’s efforts to enhance economic relations among member states.
One notable aspect of this court’s jurisdiction which is often overlooked by Nigerian commercial players is the capacity of the ECOWAS Court to adjudicate commercial disputes between individuals, businesses, and governments from member states.
This article explores the avenues provided by ECOWAS instruments, rules, and protocols for citizens of member states to submit their commercial agreement disputes to the ECOWAS Court of Justice.
We will also delve into strategies for businesses to incorporate relevant clauses into their agreements, taking into consideration the challenges faced by national courts in the region, with a special focus on Nigeria.
Legal framework and jurisdiction
The ECOWAS Treaty, Revised Treaty of 1993, established the ECOWAS Court of Justice with a mandate to ensure the rule of law, protect human rights, and promote economic integration within the ECOWAS region.
Article 9 of the Supplementary Protocol A/SP1/01/05 on the ECOWAS Court of Justice extends the court’s jurisdiction to include disputes arising from commercial transactions provided that the parties agreed to the jurisdiction of the court on the face of their commercial agreements.
Therefore, when mutually agreed in agreements, the ECOWAS Court of Justice possesses jurisdiction over commercial disputes provided certain conditions are met, making it a viable option for parties seeking an impartial forum for resolving their commercial disputes.
Strategies for businesses
Drafting appropriate clauses
Businesses operating within ECOWAS member states should consider including dispute resolution clauses in their commercial agreements that specifically reference the ECOWAS Court of Justice as a potential forum for dispute resolution. This can be done through a clause specifying the court’s jurisdiction in the event of a dispute.
Enforceability
Ensure that the chosen dispute resolution clause complies with both international and domestic laws of the relevant ECOWAS member states. Additionally, parties should be aware that judgments of the ECOWAS Court of Justice are binding on member states, meaning that decisions rendered by the court are enforceable within the region.
Legal expertise
Consult legal experts with expertise in ECOWAS law and dispute resolution mechanisms when drafting contracts and agreements. This will help ensure that the chosen dispute resolution clause is well-crafted and enforceable.
Challenges and considerations
Nigerian courts’ capacity
National courts, including those in Nigeria, often face challenges such as backlog, inefficiency, and inconsistency in delivering judgments. Parties to commercial agreements may opt for the ECOWAS Court of Justice as a more impartial and efficient alternative.
Awareness and access
Many businesses may not be aware of the ECOWAS Court of Justice as a viable option for dispute resolution. Therefore, advocacy and awareness campaigns should be undertaken to educate stakeholders on the court’s jurisdiction and processes.
Harmonization of laws
While ECOWAS member states are committed to harmonizing their laws and policies, disparities still exist. Businesses must navigate these differences when drafting agreements and seeking enforcement of judgments.
Conclusion
The ECOWAS Court of Justice offers a promising avenue for citizens of member states to resolve their commercial disputes within the region.
By incorporating carefully drafted clauses into their agreements, businesses can access a reliable and impartial forum for dispute resolution.
To fully leverage the potential of the ECOWAS Court of Justice, stakeholders must remain proactive in raising awareness, promoting legal harmonization, and addressing the challenges faced by national courts in the region.
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Take your civil case or commercial dispute before ECOWAS court
