PROF M T LADAN CALLS ON THE ECOWAS HEADS OF STATES TO ADOPT THE VALIDATED ARBITRATION RULES AND THE HARMONIZED COURT PROTOCOL FOR POTENTIAL COMMERCIAL AND INVESTMENT DISPUTES RESOLUTION IN WEST AFRICA AND UNDER AFCFTA.

 

Prof. Muhammed Tawfiq LADAN 

In 2025–2026, the Economic Community of West African States (ECOWAS) focused on strengthening its legal framework through the validation of new Arbitration Rules and a Harmonized Court Protocol, along with the adoption of updated Practice Directions. 

Key developments in 2025–2026 regarding these instruments include:

Validation of Draft Instruments (August 2025): ECOWAS Ministers of Justice validated the Draft Harmonised Protocol and the Draft Arbitration Rules. These aim to streamline dispute resolution and support the AfCFTA.

Adoption of New Practice Directions (January 2025): The Court introduced the Instructions to the Chief Registrar and Practice Directions 2025, which include page limits on submissions, faster procedures for urgent matters, e-filing, and currency flexibility for damages.

Strategic Focus (2026): The Court focused on enforcing judgments, addressing a low compliance rate, and launched its 2026–2030 strategic plan to reduce case backlogs and enhance regional legal harmonization. 

These initiatives aim to improve the effectiveness of the ECOWAS Court and increase the enforcement of its decisions.

These instruments are intended to strengthen the ECOWAS Court of Justice, enhancing its ability to handle regional commercial and investment disputes, and will be submitted to the Authority of Heads of State and Government for final adoption. 

Key details regarding the arbitration rules and the court's role include:

Purpose: The new Arbitration Rules aim to equip ECOWAS with tools comparable to international standards to serve as a regional mechanism for investment and commercial disputes.

Validation: The validation occurred at a meeting in Banjul, The Gambia, following a review by experts.

Arbitration Mandate: Under Article 9(5) of the 2005 Supplementary Protocol, the Court is empowered to act as an arbitrator for the purpose of Article 16 of the Revised Treaty, pending the formal establishment of a separate Arbitration Tribunal.

Consolidation: The new Harmonised Protocol integrates years of fragmented amendments into a single, comprehensive text that defines the Court's composition, jurisdiction, and procedures. 

While these instruments are in the process of adoption, the ECOWAS Court has historically faced limitations in exercising its arbitral mandate due to the absence of specific procedural rules, a gap the new instruments intend to fill.