Darma v President of ECOWAS Commission (ECW/CCJ/APP/54/25; ECW/CCJ/RUL/05/25) [2025] ECOWASCJ 43 (10 December 2025)

Darma v President of ECOWAS Commission (ECW/CCJ/APP/54/25; ECW/CCJ/RUL/05/25) [2025] ECOWASCJ 43 (10 December 2025)

The Court has jurisdiction under Articles 9(1)(f) and 9(1)(g) of the Supplementary Protocol as the dispute is between a Community official and the Community and includes a claim for damages. The application is admissible because the exhaustion of internal remedies is inapplicable or satisfied, given the lack of an...

Source-derived case information.

Citation
[2025] ECOWASCJ 43
Parties
Applicant: Prof. Nazifi Abdullahi Darma; Respondent: President of ECOWAS Commission
Court
ECOWAS Community Court of Justice
Jurisdiction
Ghana
Judgment Date
10 December 2025
Case Number
ECW/CCJ/APP/54/25 ; ECW/CCJ/RUL/05/25
Procedural Posture
Application (administrative/employment Dispute) / Ruling on Provisional Measures, Expedited Procedure, Jurisdiction, and Admissibility
Outcome
Application for provisional measures and expedited procedure dismissed; Court affirms jurisdiction and admissibility (except for African Charter claims); Respondent's preliminary objection overruled.
Legal Topics
Jurisdiction of ECOWAS Court, Admissibility of Applications, Exhaustion of Internal Remedies, Provisional Measures, Expedited Procedure, Community Staff Regulations, Human Rights (limited to Standing and Proper Party)
Source Language
english
Administrative Law Employment Law International Institutional Law Jurisdiction of ECOWAS Court Admissibility of Applications Exhaustion of Internal Remedies Provisional Measures Expedited Procedure +2 more

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Parties

Prof. Nazifi Abdullahi Darma

Applicant

President of ECOWAS Commission

Respondent

Procedural Posture

Application (administrative/employment Dispute) / Ruling on Provisional Measures, Expedited Procedure, Jurisdiction, and Admissibility

Legal Issues

  1. 1 Whether the Court has jurisdiction to hear the application under the ECOWAS Protocols
  2. 2 Whether the application is admissible given the alleged failure to exhaust internal remedies
  3. 3 Whether the Applicant is entitled to provisional measures and expedited procedure

Ratio Decidendi

The Court has jurisdiction under Articles 9(1)(f) and 9(1)(g) of the Supplementary Protocol as the dispute is between a Community official and the Community and includes a claim for damages. The application is admissible because the exhaustion of internal remedies is inapplicable or satisfied, given the lack of an effective internal review mechanism for acts of the President against a statutory Commissioner. The application for provisional measures and expedited procedure is dismissed for failure to establish irreparable harm. Claims under the African Charter are inadmissible as the ECOWAS Commission is not a proper respondent for such claims.

Court Disposition

Application for provisional measures and expedited procedure dismissed; Court affirms jurisdiction and admissibility (except for African Charter claims); Respondent's preliminary objection overruled.

Orders

  • Application for provisional measures dismissed for failure to establish irreparable harm.
  • Application for expedited procedure dismissed.