The Community Court of Justice, ECOWAS, has dismissed a case filed by Khalifa Abiola and two others against the Federal Government of Nigeria over alleged human rights violations in respect of the assassination of the late Mrs. Kudirat Abiola.
The court ruled that the applicants had no legal capacity to sue, as they did not establish a direct relationship with Mrs. Abiola or present any legal mandate to act on behalf of her estate.
Khalifa Abiola, Moriam Abiola, and Hadi Abiola had filed the case, with suit number ECW/CCJ/APP/62/22, before the court, alleging that Mrs. Kudirat Abiola was assassinated in 1996 while advocating for the release of her husband from detention. They contended that the Nigerian government violated her fundamental human rights by not holding her killers accountable, despite a Commission of Inquiry identifying major suspect, Sergeant Barnabas Jebila.
The applicants argued that the inaction of Nigerian government in bringing the perpetrators to justice was a clear violation of Mrs. Abiola’s rights to life, dignity, and freedom from torture. Also, they claimed that the government’s failure to offer adequate protection for Mrs. Abiola and her family was a breach of its obligations under international human rights law.
Meanwhile, the ECOWAS Court found that the applicants had not demonstrated the necessary legal capacity to sue on behalf of Mrs. Abiola’s estate. The court stated, “The court noted that the applicants… had not demonstrated legal capacity to sue on behalf of the late Mrs. Kudirat Abiola’s estate.” This lack of legal capacity was deemed fatal to the applicants’ case, leading to its dismissal.
While dismissing the case, the ECOWAS Court also rejected Nigeria’s objections regarding its jurisdiction, affirming its competence to hear cases that involve alleged human rights violations by member states. The Court however clarified that its role does not include acting as an appellate body over national court rulings.
The ruling was delivered by a panel of judges, including Justice Sengu Mohamed Koroma (Presiding), Hon. Justice Gberi-bè Ouattara (Member), and Hon. Justice Edward Amoako Asante (Judge Rapporteur).
