By Gabriel Ameh
The ECOWAS Community Court of Justice has declared the removal and replacement of former Commissioner for Internal Services, Prof. Nazifi Abdullahi Darma, unlawful, ruling that the legal requirements for terminating his appointment were not met.
The court also awarded Darma $50,000 in general damages and ordered the payment of outstanding salaries, allowances and other accrued entitlements up to the expiration of his tenure.
Darma disclosed the outcome while briefing journalists in Abuja on the court’s judgment delivered on October 7, 2026, in his case against the President of the ECOWAS Commission and the Council of Ministers.
The dispute followed a memorandum dated October 30, 2025, issued by the then President of the ECOWAS Commission, Dr. Omar Alieu Touray, which withdrew responsibilities previously exercised by Darma and initiated steps towards his replacement.
Darma challenged the action before the ECOWAS Court on November 3, 2025.
While the case was pending, Nigeria recalled him on December 12, 2025, and nominated a successor. The Council of Ministers subsequently formalised the replacement.
However, according to Darma’s account of the judgment, the court found that the legal conditions required to terminate his mandate had not been satisfied.
COURT QUESTIONS DUE PROCESS
Darma said the court rejected the argument that the October 2025 memorandum was merely an administrative measure.
According to him, the court found that the memorandum contained adverse allegations affecting his responsibilities and formed part of a process aimed at replacing him.
He said the court also determined that the action was taken without prior notice or an effective opportunity for him to respond to the allegations.
“The Court found that these actions were taken without prior notice or an effective opportunity for me to respond,” Darma said while explaining the judgment.
The court further held, according to Darma, that the President of the ECOWAS Commission could not use managerial authority to transfer or extinguish responsibilities that Community law assigns to another statutory office.
NIGERIA’S RECALL DID NOT AUTOMATICALLY END TENURE
The court also ruled that Nigeria’s decision to recall Darma did not, by itself, terminate his appointment or create a vacancy in his office.
Darma explained that the court distinguished between nomination by a member state and appointment under ECOWAS law.
“Once appointed, a Commissioner derives his mandate from Community law and not from the nominating Member State,” he quoted the court as holding.
The ruling therefore challenged the legal basis for his removal and replacement, despite the subsequent steps taken by Nigeria and the Council of Ministers to formalise the change.
$50,000 DAMAGES, OUTSTANDING ENTITLEMENTS
As part of its decision, the court ordered the payment of Darma’s outstanding salaries, allowances and accrued financial entitlements from the date his tenure was unlawfully terminated until its expiration, less any amounts already received.
It also awarded him $50,000 in general damages for the non-pecuniary harm arising from the procedural violations and premature termination of his tenure.
The ECOWAS Commission was further ordered to bear the costs of the proceedings, subject to assessment.
The court did not order Darma’s reinstatement because his tenure expired on August 31, 2026.
CALL FOR STRONGER INSTITUTIONAL SAFEGUARDS
Darma described the judgment as significant for regional governance, saying it reinforced the principle that statutory office holders within ECOWAS can only be removed in accordance with procedures established by Community law.
He said the ruling underscored the importance of due process, accountability and respect for the legal frameworks governing regional institutions.
The case places renewed attention on the limits of administrative authority within the ECOWAS Commission and the safeguards available to senior officials whose appointments are governed by Community law.
Source: Press briefing by Prof. Nazifi Abdullahi Darma on the ECOWAS Court of Justice judgment delivered on October 7, 2026.
