THIS DAWN — A Commissioner with the Economic Community of West African States (ECOWAS) Commission, Prof. Nazifi Abdullahi Darma, has filed a suit before the ECOWAS Court of Justice (CCJ) against the President of the Commission, Dr. Omar Alieu Touray.
Prof. Darma challenged the legality of the President’s decision to revoke his delegated authority and oversight responsibilities.
This was contained in suit number ECW/CCJ/APP/54/25, filed on 3 November 2025.
Darma, the Commissioner for Internal Services, asked the Court to nullify Dr. Touray’s memo ECW/Memo/30.10.25/ak, dated 30 October 2025.
The memo revoked all delegated powers previously granted to him.
The Applicant, represented by Prof. Amos Enabulele Esq. and Michael Agbo Esq., argues that the President’s action was unilateral, unlawful, and inconsistent with ECOWAS legal instruments.
According to the application, disciplinary powers over Commissioners lie exclusively with the ECOWAS Council of Ministers, which serves as the appointing authority.
Right to discipline or suspend a Commissioner
In an accompanying affidavit, Darma maintained that “the President of the Commission lacks competence to discipline or suspend a Commissioner without the involvement of the Council of Ministers or the Authority of Heads of State and Government.”
He contended that the President’s action violates Articles 18(3)(b–d) and 19(4) of the 2006 ECOWAS Supplementary Protocol (A/SP.1/06/06).
The Applicant stressed that the ECOWAS Commission operates as a college of Commissioners guided by collegiality and limited presidential authority.
He accused Touray of breaching these principles through repeated unilateral actions, including reallocating portfolios and appointing personal aides from his home country, The Gambia, to positions traditionally reserved for Commissioners.
Darma referenced an earlier memo, which, he claims, demonstrates a pattern of disregard for ECOWAS governance norms and the Revised Treaty of 1993, the 2006 Supplementary Protocol, and the 2020 Supplementary Act.
He further alleged that the President ignored a directive from the ECOWAS Council of Ministers following its 22–23 April 2025 meeting in Accra, Ghana.
It directed that the portfolio of a departed Commissioner from the Alliance of Sahel States (AES) be redistributed among existing Commissioners after consultation.
Breach of protocol
Darma insisted that Touray bypassed this process and instead sought to appoint his own cabinet minister from The Gambia as a replacement.
He described the act as “a violation of the collective decision of the Council and a distortion of the principle of equitable representation,” effectively giving The Gambia two Commissionership positions.
Following his refusal to endorse what he described as “an illegality,” Darma said he formally reported the President’s conduct to the Chairman of the Council of Ministers.
In retaliation, he claimed, the President issued the contentious revocation memo ten days later.
He accused him of persistent insubordination, uncooperative behaviour, and failure to deliver on assigned duties.
The Applicant denies all allegations, insisting that no formal disciplinary process was initiated.
He also insisted that he was not afforded the opportunity to respond to the charges.
He argued that the President’s memo—widely circulated across the ECOWAS system—contained defamatory statements.
That, he said, damaged his “hard-earned professional reputation” and subjected his family to distress.
It also violated his right to fair hearing and data privacy, Darma claimed.
US$20 million damages sought
The suit seeks multiple declarations and remedies, including a pronouncement that the revocation memo is unlawful, null, and void.
He also asked the Court to compel Touray to pay US$20 million in general and special damages.
The damages are for reputational harm, emotional distress, and breach of privacy.
He also asked the court to restore all his entitlements, allowances, and any benefits lost as a result of the memo.
Additionally, the Applicant requested an interim order restraining Touray and his agents from removing or delegating his statutory duties as Commissioner for Internal Services to any unauthorized person, pending the Court’s determination of the substantive suit.
He insists that the President’s actions breach both the ECOWAS Revised Treaty and the African Charter on Human and Peoples’ Rights.
Both Charters guarantee due process and the right to a fair hearing.
The ECOWAS Court of Justice acknowledged receipt of the suit and granted the Respondent 15 days to file a defence.
A hearing date has yet to be fixed.
Hard times in ECOWAS
The case unfolds amid rising tensions as the Touray-led administration approaches the end of its four-year mandate.
In recent months, the Commission has faced multiple internal and external legal challenges.
It includes Suit ECW/CCJ/APP/47/25 filed on 22 September 2025 by a Nigerian citizen and the Centre for Community Law.
The suit contests ECOWAS’ decision to retain staff from Mali, Burkina Faso, and Niger, having withdrawn from the bloc.
Reports indicate that the Commission has instructed all staff from the Alliance of Sahel States (AES) to disengage by April 2026.
The three AES nations exited ECOWAS in January 2023, while Guinea, also under military rule, is preparing for transition elections in December 2025.
