The Community Court of Justice of the Economic Community of West African States (ECOWAS) has declared the removal and replacement of Nazifi Abdullahi Darma, former commissioner for Internal Services at the ECOWAS Commission, unlawful, awarding him $50,000 in general damages for the non-pecuniary harm arising from the premature termination of his tenure.
The court also ordered the payment of all outstanding salaries, allowances and accrued financial entitlements due to Darma from the date his tenure was unlawfully terminated until its expiration, less any amounts already received.
In addition, the court directed that the costs of the proceedings be assessed and paid by the ECOWAS Commission.
Darma disclosed these details while addressing journalists on Friday in Abuja.
The dispute arose from the withdrawal of his responsibilities, his recall by Nigeria and his subsequent replacement before the expiration of his four-year tenure as a statutory appointee of the regional organisation.
Darma, who was nominated by Nigeria, was appointed commissioner for Internal Services for a four-year term beginning July 16, 2022. His tenure was scheduled to expire on August 31, 2026.
He said the judgment represented an affirmation of the rule of law, institutional accountability and due process within ECOWAS, arguing that statutory appointees of the regional body could only be removed in accordance with the legal provisions governing their appointments.
The court did not order his reinstatement because his tenure had expired by the time the judgment was delivered.
According to Darma, the ruling addressed the legality of the actions taken against him, including a memorandum issued on October 30, 2025, by the then president of the ECOWAS Commission, which withdrew his delegated authority, made adverse allegations concerning his conduct and performance, and initiated a process towards his replacement.
He said he challenged the actions before the ECOWAS Court of Justice on November 3, 2025, arguing that the steps taken against him violated the legal protections attached to his statutory appointment.
The proceedings continued after Nigeria purportedly recalled him on December 12, 2025, and nominated a successor, with the Council of Ministers subsequently formalising the replacement.
Darma said the court rejected the argument that the October 30 memorandum was merely an administrative measure, finding that it contained adverse allegations affecting his responsibilities and formed part of a process intended to replace him.
He said the court found that the actions were taken without prior notice or an effective opportunity for him to respond, raising concerns about procedural fairness.
The court also clarified the limits of the president of the Commission’s managerial authority, holding that such authority did not extend to transferring or extinguishing powers and responsibilities assigned by Community law to another statutory office.
Darma said the decision reinforced the principle that administrative authority within ECOWAS must be exercised within the limits established by the organisation’s legal framework.
The judgment also addressed the effect of Nigeria’s decision to recall him, distinguishing between the role of a member state in nominating a commissioner and the legal status of an individual after appointment to the regional institution.
According to Darma, the court held that nomination and appointment were distinct legal acts and that, once appointed, a commissioner derived his mandate from Community law rather than from the member state that nominated him.
On that basis, Nigeria’s recall of Darma did not, by itself, terminate his appointment or create a vacancy in his office.
The court consequently ruled that his removal and replacement were unlawful because the legal conditions required to terminate a commissioner’s mandate had not been satisfied.
Darma said the ruling was significant for the governance of ECOWAS, particularly in protecting statutory officeholders from arbitrary decisions that could undermine institutional independence and the credibility of the regional organisation.
Darma explained that his responsibilities as commissioner for Internal Services expanded following institutional reforms that consolidated functions previously handled by four commissioners under his office.
His portfolio covered Administration and General Services, Procurement, Budget and Treasury, Financial Reporting and Grants, Human Resources, Conference and Protocol Services, and Internal Telecommunications.
The consolidation effectively placed him in charge of several critical administrative and financial functions within the Commission, including procurement, human resources, treasury and grants management.
He also served as custodian of the Commission’s Rules of Procedure.
Darma said he discharged these responsibilities in accordance with the rules and regulations governing the regional institution but subsequently raised concerns about several administrative practices that he believed required attention.
He said the concerns were formally communicated to the then president of the Commission and, in some instances, to the chair of the Council of Ministers.
However, according to him, the issues were neither adequately addressed nor resolved.
The situation subsequently escalated with the issuance of the October 30, 2025 memorandum, which he said withdrew his delegated authority, raised adverse allegations against him and initiated steps towards his replacement.
Darma maintained that the action affected the discharge of his statutory responsibilities and prompted him to seek judicial intervention.