ECOWAS Court Faults Process Backed by Council of Ministers in Darma Removal Case
The ECOWAS Community Court of Justice has ruled that the removal and replacement of former ECOWAS Commissioner for Internal Services, Prof. Nazifi Abdullahi Darma, were unlawful, overturning a process that culminated in his replacement being formalised by the Council of Ministers.
Darma disclosed the outcome while briefing journalists in Abuja on the Court’s recent judgment.
He said the dispute arose after a memorandum dated 30 October 2025 by the then President of the ECOWAS Commission, Dr. Omar Alieu Touray withdrew responsibilities previously exercised by Darma and initiated steps that eventually led to his replacement.
While Darma challenged the actions before the ECOWAS Court on 3 November 2025, the Federal Republic of Nigeria subsequently recalled him and nominated a successor.
The Council of Ministers later formalised the replacement.
However, the Court found that the legal requirements for ending his mandate had not been satisfied.
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According to Darma, the Court held that the memorandum triggering the process was based on adverse allegations that affected his responsibilities and was issued without giving him an effective opportunity to respond.
“The Court found that these actions were taken without prior notice or an effective opportunity for me to respond,” he said.
The Court further ruled that managerial powers vested in the President of the Commission could not be used to extinguish or transfer responsibilities assigned by Community law to another statutory office.
Darma said the Court also rejected the argument that Nigeria’s recall automatically ended his tenure as Commissioner.
“Once appointed, a Commissioner derives his mandate from Community law and not from the nominating Member State,” he quoted the Court as holding.
The Court consequently declared that his removal and replacement were unlawful, notwithstanding the subsequent actions taken to formalise the change in office.
The judgment ordered the payment of outstanding salaries, allowances and accrued entitlements up to the expiration of his tenure and awarded him US$50,000 in general damages.
Because his tenure expired on 31 August 2026, the Court did not order reinstatement.
Describing the ruling as significant for regional governance, Darma said it reaffirmed that ECOWAS statutory office holders can only be removed through procedures recognised by Community law.
