By Faith Anisiobi, The Sight News
The ECOWAS Court of Justice has declared the removal and replacement of former Commissioner for Internal Services, Prof. Nazifi Abdullahi Darma, unlawful, ruling that the process violated Community law and due process.
The court also ordered the ECOWAS Commission to pay Darma outstanding remuneration and benefits due until the expiry of his tenure, alongside $50,000 in damages and the costs of the proceedings.
Darma disclosed this at a press briefing, where he explained that the court distinguished between a member state’s right to nominate a commissioner and the legal protections attached to the office after an appointment has been made.
According to him, the court ruled that Nigeria’s decision to recall him did not automatically terminate his appointment or create a vacancy in his office.
He said the court traced the process leading to his replacement to a memorandum issued by the former President of the ECOWAS Commission on October 30, 2025.
The court reportedly held that the memorandum was not merely an administrative measure but formed part of a process that affected his responsibilities and ultimately led to his replacement.
It further found that the actions were taken without giving him an adequate opportunity to respond to the allegations against him.
Darma explained that despite Nigeria’s subsequent recall and the Council of Ministers’ decision to formalize his replacement, the legal requirements for terminating a commissioner’s mandate under ECOWAS legal instruments had not been satisfied.
Consequently, the court declared the removal and replacement unlawful and ordered the ECOWAS Commission to fulfil its financial obligations to him in accordance with the judgment.
Reacting to the ruling, Darma described it as a broader affirmation of accountability and institutional integrity within the regional bloc.
“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 urged ECOWAS institutions to comply fully with the judgment and review existing rules to prevent similar disputes in the future.
