By Our Reporter
ABUJA (PRECISE POST) – The ECOWAS Community Court of Justice has ruled that the Federal Republic of Nigeria’s recall of Prof. Nazifi Abdullahi Darma as ECOWAS Commissioner for Internal Services did not automatically terminate his appointment, according to details provided by the former Commissioner during a press briefing.
Darma said the Court, in a recent judgment delivered distinguished between nomination by a member state and appointment under ECOWAS law.
“According to the Court, once appointed, a Commissioner derives his mandate from Community law and not from the nominating Member State,” he said.
The case arose after Darma challenged actions taken against him by the then President of the ECOWAS Commission Dr. Omar Alieu Touray.
He said the dispute followed concerns he had raised regarding governance and administrative matters within the regional body.
Among the issues he cited were the participation of non-management personnel in management meetings, the absence of objective and consistent scoring procedures in the recruitment of senior officials, and the assignment of the responsibilities of the Department of Infrastructure, Energy and Digitalisation to a non-statutory official.
After filing suit before the ECOWAS Court on 3 November 2025, Darma was recalled by Nigeria on 12 December 2025 and a successor was nominated. The Council of Ministers subsequently formalised the replacement.
However, he said the Court found that the recall itself did not create a vacancy in the office of Commissioner.
“The Court therefore declared that Nigeria’s recall of me did not, by itself, terminate my appointment or create a vacancy in my office,” Darma told reporters.
The Court further ruled that the subsequent removal and replacement process was unlawful because the requirements laid down in the ECOWAS Treaty and supplementary legal instruments had not been satisfied, he said.
Darma described the ruling as significant beyond the circumstances of his own case.
“The judgment affirms a critical principle: statutory appointees of the Community hold office under Community law and can only be removed through lawful procedures and on legally recognised grounds,” he said.
He added that the decision strengthens the independence of ECOWAS institutions and protects them from arbitrary actions that could undermine their credibility and effectiveness.
Calling for compliance with the ruling, Darma urged ECOWAS institutions to review relevant protocols and regulations “to eliminate ambiguities and prevent similar occurrences in the future.”
“Institutions survive only when rules, procedures and established processes are respected,” he said.
