When news broke that the suspended Chief Justice of Ghana had dragged the Republic to the ECOWAS Community Court of Justice, reactions poured in. Some cheered the move as bold. Others dismissed it as pointless. The loudest question, though, was this: even if she wins, can the ECOWAS Court force Ghana to reinstate her? To pay her the 10 million dollars in damages she seeks? And if Ghana simply ignores the case, will anything happen?
It’s a fair set of questions and as it turns out, the answers lie at the intersection of international law, treaty obligations, and state sovereignty.
This article unpacks the legal reality behind Ghana’s obligations under the ECOWAS framework.
What is the ECOWAS Court and what powers does it have?
The ECOWAS Community Court of Justice was established by articles 6 and 15 of its Revised Treaty to interpret and apply the laws of the Economic Community of West African States (ECOWAS). It functions as the region’s top legal body, with powers to:
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- Give binding interpretations of ECOWAS treaties and protocols.
- Hear human rights claims brought by individuals against member states.
- Settle disputes involving institutions of the Community.
- Enforce community obligations against non-compliant states.
Article 15 of the ECOWAS Revised Treaty says clearly that judgments of the Court are binding on member states, individuals, and institutions of the Community. The Court is not an advisory panel. It is a fully constituted judicial body whose decisions, on paper, carry legal force.
So Can Ghana be Forced to Obey the Court?
This is where things get complicated. Legally, yes. Ghana is a party to the ECOWAS Revised Treaty and its Supplementary Protocols. These treaties were executed under the authority of the President and were later ratified by Parliament under article 75 of the 1992 Constitution. That means Ghana has formally agreed to the ECOWAS legal regime, including the binding nature of the Court’s decisions.
But in practice, compliance has been poor, not just by Ghana, but by many states. A clear example is the case of Chude Mba v. Republic of Ghana. In 2013, the ECOWAS Court ruled that Ghana had violated the applicant’s fundamental human rights and ordered the payment of $800,000 in damages. Ghana refused to comply. When the applicant turned to the High Court in Accra to enforce the ECOWAS judgment, the court dismissed the application, holding that Ghana had not “domesticated” the ECOWAS Court Protocols, and so the judgment was unenforceable in Ghanaian courts.
In other words, Ghana agreed to be bound internationally, but failed to create the legal infrastructure to give effect to ECOWAS judgments at home.
What Happens if Ghana Doesn’t Respond or Appear in Court?
This has happened before. In the Chude Mba case, Ghana not only failed to comply, it also failed to respond to follow-up proceedings. The ECOWAS Court proceeded anyway and delivered judgment in the State’s absence. There was no defence, no written argument, but the Court still issued orders.
So yes, the Court can proceed and issue a binding judgment even if Ghana refuses to participate. The bigger issue is what happens next, can that judgment be enforced?
Are There Consequences for Non-Compliance?
The ECOWAS framework does provide for sanctions. Under Article 77 of the Revised Treaty, member states that fail to honour their obligations may face political and financial penalties, including:
- Suspension from ECOWAS activities
- Loss of voting rights
- Suspension from community assistance and funding
- Exclusion from nominating candidates to ECOWAS institutions
In theory, this creates pressure. In practice, however, ECOWAS has almost never enforced these sanctions. Member states continue to default without consequence. The authority to sanction rests with the Authority of Heads of State, the highest political organ of ECOWAS. But in most cases, the political will to punish a fellow government simply isn’t there.
So while the law exists, enforcement has been weak. That’s why some have called the ECOWAS Court a “toothless bulldog that only barks.”
Can a Ghanaian Court Enforce an ECOWAS Court Judgement?
Not quite, at least not yet. Decisions of the ECOWAS Court cannot be enforced unless Ghana passes legislation to incorporate the ECOWAS Court Protocols into domestic law.
This is a principle grounded in article 75 of the 1992 Constitution. Treaties do not become enforceable law within Ghana unless Parliament has ratified them through a formal Act or resolution.
The High Court’s ruling in the Chude Mba enforcement case made this point unmistakably clear. Without domestication, even a valid ECOWAS judgment cannot be enforced in Ghanaian courts.
So if the Suspended Chief Justice Wins, Will Ghana be Forced to Reinstate Her or Pay the Money?
Legally, Ghana will be under obligation. But it will not be forced, not in the physical sense. The
ECOWAS Court does not have a police force. It cannot attach Ghana’s assets or compel officials. And Ghanaian courts will not enforce the ruling unless Parliament changes the law.
What the ruling will do, however, is trigger international attention and potentially embarrass Ghana diplomatically. It may also affect Ghana’s position in ECOWAS negotiations or diminish its standing before human rights bodies. And if enough cases pile up, it may push the Ghanaian government to take the necessary legal steps to enforce such decisions locally.
So What?
Ghana remains a sovereign country. But sovereignty today does not mean isolation. Once a country joins a regional body like ECOWAS, signs its treaties, and participates in its institutions, it takes on legal obligations. These obligations are not suggestions. They are binding in international law.
What Ghana lacks is not the duty to comply, but the domestic legal machinery to make ECOWAS Court judgments effective. That is a legal gap, and not a sovereignty issue.
In the end, if the suspended Chief Justice wins her case, the decision will carry weight, legally, politically, and symbolically. But unless Ghana voluntarily complies or Parliament takes steps to domesticate the ECOWAS Court Protocols, there may be no legal pathway to enforcement within Ghana’s borders.
The ECOWAS Court may bark, but whether it bites depends not only on what the law says, but on whether States are willing to honour the promises they made.
