ECOWAS Court Strengthens Expertise In Dispute Settlement Mechanisms

The Court of Justice of the Economic Community of West African States (ECOWAS) has taken steps to strengthen expertise in dispute settlement mechanisms under the African Continental Free Trade Area (AfCFTA) and ECOWAS.

This was the focus of a two-day workshop that brought together judges, legal officers and registry staff of the ECOWAS Court of Justice, who participated in a capacity building workshop on the Dispute Settlement Mechanisms recently.

According to a statement issued by the Communication division of the court, workshop, which held from 3-4 October 2024 was aimed at improving the participants’ knowledge of the legal frameworks, best practices, and dispute resolution procedures under the AfCFTA and ECOWAS trade instruments.

Justice Edward Amoako Asante, President of the ECOWAS Court, represented by Justice Sengu Mohamed Koroma, emphasised the importance of robust dispute resolution mechanisms for the success of AfCFTA and ECOWAS trade frameworks.

Although the ECOWAS Court’s arbitration jurisdiction is not fully activated, the workshop aimed to prepare the Court for future arbitration and litigation in trade, investment, and competition related disputes, the statement said.

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Justice Asante described the adoption of the AfCFTA as “a milestone in the journey towards increased intra-African trade and the expansion of economic opportunities across the continent,’ adding that, ‘for the ECOWAS Member States, this agreement is a significant complement to the existing ECOWAS frameworks on trade and free movement, which have long fostered the free flow of goods, services, and people within our region.”

Mr Kolawole Sofola, Director, Trade, ECOWAS Commission, representing Madam Massandjé Toure-Litse, the Commissioner for Economic Affairs and Agriculture, acknowledged the critical role of the ECOWAS Court in ensuring the rule of law and fair and effective dispute resolution.

“As we continue to work towards realising the full potential of the AfCFTA, it is clear that the mechanisms for resolving trade disputes will be a cornerstone in ensuring the success and credibility of this landmark agreement.

“The AfCFTA represents not just an opportunity, but a transformation for Africa, providing a platform for trade liberalisation, economic growth and development. However, it will only succeed if the rules of trade are adhered to, and any disputes that arise are settled in a fair, efficient and transparent manner”, he said.

Prof. Mohammed Tawfiq Ladan from the Nigerian Institute of Advanced Legal Studies (NIALS) who gave an overview of the objectives and expected outcomes of the workshop, stressed that the Workshop would enhance participants’ capacities to ensure consistency, transparency, and legal certainty in dispute resolution which will strengthen investor confidence and economic integration.