The Community Court of Justice, created under Articles 6 and 15 of the 1993 ECOWAS Revised Treaty, serves as the principal legal organ of ECOWAS. Its mandate includes resolving disputes related to the interpretation of community treaties, protocols, and conventions.
The Court comprises five independent judges appointed for four-year terms (renewable once) by the Authority of Heads of State and Government:
- Justice Ricardo Claúdio Monteiro Gonçalves (Cape Verde)-President
- Justice Sengu Mohamed Koroma (Sierra Leone)- Vice President
- Justice Dupe Atoki (Nigeria)
- Justice Gberi-Be Ouattara (Côte d'Ivoire)
- Justice Edward Amoako Asante (Ghana)
Overview of NaFAA
The National Fisheries & Aquaculture Authority (NaFAA) was established by Liberian legislation on October 9, 2017, as an autonomous body under the Public Authorities Law. It evolved from the Bureau of National Fisheries, which operated within the Ministry of Agriculture from 1956 to 2017.
NaFAA's mandate includes managing and developing Liberia's fishing and aquaculture sectors, balancing environmental conservation with economic growth, and collaborating with stakeholders to ensure responsible resource management.
The Dispute: Suspension of Emma Metieh Glassco
Appointment and Suspension
Emma Metieh Glassco served as Director General and CEO of NaFAA from 2018 and was reappointed in 2022 by ex-President George Weah.
On February 13, 2025, President Joseph N. Boakai suspended Glassco, citing managerial and financial inefficiencies based on a recommendation from the NaFAA Board of Directors.
Boakai referenced allegations of insulting behavior from the Office of the Ombudsman and directed the Ministry of Justice and the Liberia Anti-Corruption Commission (LACC) to investigate.
Legal Challenge
On March 24, 2025, Glassco filed a lawsuit against the Liberian government at the ECOWAS Community Court of Justice, claiming:
On March 24, 2025, Glassco filed a lawsuit against the Liberian government at the ECOWAS Community Court of Justice, claiming:
- Unlawful removal from office - Violation of fundamental rights and breach of international human rights law
- Violation of due process - Under Article 20(a) of Liberia's 1986 Constitution, removal must be "for cause" and established through due process
- Breach of tenure protections - The NaFAA Act provides a fixed four-year tenure for the Director General position
- Procedural impropriety - No properly constituted Board of Directors was in place to validate the suspension.
Glassco's Claims
Glassco argues that the board that supposedly recommended her suspension was not properly constituted.
Section 3.12 of the NaFAA Act requires nine board members appointed by the President with Senate consent; the government failed to produce any minutes or resolution from a fully constituted board.
She has been subjected to public humiliation, harassment, and intimidation, and her suspension deprived her of legally mandated salaries and benefits.
What she wants:
Glassco has requested: $175,000 in damages for lost salary and benefits a declaration that her suspension was unlawful. $5 million in compensation for professional and psychological damages, $10 million in restitution for reputation harm, emotional distress, and public humiliation, Removal of all publications alleging financial misconduct, Public apology in national newspapers, radio, and television, and Legal expenses are estimated at $250,000.
Jurisdiction and Admissibility
Glassco's counsel, Atty. Jeremiah S. Dugbo I., argues, "The ECOWAS Court has jurisdiction over human rights violations within member states. Articles 9(4) and 10(d) of the ECOWAS Protocol allow individuals to bring cases against governments; exhausting local remedies is not required for fundamental rights cases and Glassco's case centers on constructive dismissal without due process.
Cllr. Alvin Yelloway contends, "Under customary international law, domestic remedies should be exhausted. The ECOWAS Court's approach disregards established international norms; this has resulted in many decisions not being implemented by member states. And Cites the Valentine Ayika Opinion that was set aside by Liberia's Supreme Court
Clarifying Perspective
Atty. Foday Kawah notes, The ECOWAS Court generally does not require exhaustion of local remedies. This principle, he said, was established in Hadijatou Mani Koraou v. Republic of Niger (2008), and the court's jurisdiction over human rights violations is independent of domestic legal processes.
Current Status
Current Status
President Boakai appointed new NaFAA Board Members on April 11, 2024, including representatives from various ministries and authorities. The case remains pending before the ECOWAS Court of Justice.
Conclusion: The case of Emma Metieh Glassco versus the Government of Liberia represents a significant test of the ECOWAS Community Court of Justice's role in protecting individual rights within member states.
This lawsuit highlights several important legal and governance issues: legal precedent and jurisdiction, governance implications, broader regional impact, and balancing state sovereignty and human rights protection.
The case also highlights the balance between state sovereignty and individual rights protection in regional courts. The Liberian government's response will determine ECOWAS's effectiveness in ensuring human rights standards. It will contribute to jurisprudence on tenure protection and due process.
