International Journal of Law

The Right of Establishment as enshrined in the 1990 Supplementary Protocol on the implementation of the Third Phase of the ECOWAS Protocol on Free Movement of Persons, Goods and Services, entitles nationals of member states to settle or establish in ECOWAS states and carry out business activities under the same conditions that apply to nationals of the host state. The purpose of this is to achieve the overall goal of the ECOWAS Treaty, which is to generate robust economic activities in the region in pursuit of regional prosperity. This would require the creation of a conducive climate for professionals and other business men, including corporate bodies, to harness the economic resources of the region and create a huge regional market. Unfortunately, the reality is far from satisfactory. The member states have in place, discriminatory legislation and regulations that make it well-nigh impossible for nationals of other member states to settle and establish business in the host state. For example, in 2010, discriminatory and virtually punitive levies were imposed on foreign companies in Ghana. Globacom, a Nigerian company even threatened to pull out. In Nigeria, there are rules and regulations that impose stringent conditions for foreign companies who want to establish businesses. The inevitable conclusion from the foregoing is that, the right of establishment as envisaged by the Treaty/Protocols is yet to be fully enjoyed by community citizens and corporate bodies. In fact, they are still being treated as foreigners, which negates the letter and spirit of the Treaty. This paper therefore advocates for the exercise of more political will on the part of member states to implement the Treaty to the hilt. In addition, the ECOWAS Commission should be more proactive in ensuring that member states comply with the Provision of the Treaty.