THE LEGAL AND CONSTITUTIONAL FRAMEWORKS FOR ADDRESSING SEPARATIST DEMANDS WITHIN THE ECOWAS SYSTEM

Abstract

The challenge of separatist demands within the Economic Community of West African States (ECOWAS) poses a complex and persistent threat to regional stability and governance. Despite the legal and constitutional frameworks established within ECOWAS and its member states to manage such demands, the region continues to experience growing separatist movements that undermine unity and social cohesion. These movements are often rooted in historical grievances, ethnic divisions, and the legacy of colonialism, making their resolution a significant concern for policymakers and regional organizations. This study seeks to critically examine the effectiveness of ECOWAS’s legal and constitutional frameworks in addressing separatist demands, evaluating their ability to mediate such tensions while ensuring the preservation of national sovereignty and regional peace. The research adopts a qualitative approach, and the use of secondary data. By analyzing existing legal instruments such as the ECOWAS Protocol on Conflict Prevention, Management, Resolution, Peacekeeping, and Security, alongside national constitutions and international laws, the study investigates how these frameworks are applied in the context of separatism. The Post-Colonial Theory serves as the theoretical framework, offering insight into the enduring effects of colonial-era borders, governance structures, and state legitimacy on contemporary separatist struggles. This theoretical lens allows the research to contextualize the legal frameworks within broader historical and socio-political dynamics that fuel separatism in the region. Findings indicate that while ECOWAS has made notable progress in addressing security concerns and fostering regional peace, its legal and constitutional tools are often insufficient in dealing with separatist movements. The lack of consistent enforcement mechanisms, the absence of a unified approach to conflict management, and the disparity in national legal frameworks across ECOWAS countries create a fragmented response to secessionist demands. Furthermore, the legacy of colonial-era boundaries, combined with weak governance structures and exclusionary political practices, exacerbates the situation, making it difficult for ECOWAS to implement effective resolutions. The study concludes that the current legal and constitutional frameworks within ECOWAS require significant reform to address the root causes of separatist demands. A comprehensive approach is needed, one that not only strengthens legal instruments but also fosters inclusive governance, equitable resource distribution, and broader political reforms at the national level. ECOWAS must take a more proactive stance in facilitating dialogue and supporting constitutional reforms among member states to prevent the escalation of separatist conflicts. Recommendations for action include the establishment of a more cohesive and enforceable regional framework to address separatism, with a focus on conflict prevention and early intervention. Member states should also be encouraged to adopt constitutional reforms that promote inclusive governance and ensure that the interests of marginalized groups are adequately represented. Also, ECOWAS should intensify diplomatic engagement and foster dialogue platforms to address separatist demands before they escalate into violent conflicts.