The Community Court of Justice, ECOWAS, on February 28, 2025, ruled on a human rights case involving late Mrs. Kudirat Abiola.
Hon. Justice Edward Amoako Asante, serving as Judge Rapporteur, read the Ruling and declared the case inadmissible due to legal capacity issues.
The Court ruled the Applicants lacked capacity to sue because they showed no direct ties or legal authority to represent Mrs. Abiola’s estate.
Additionally, the Court dismissed Nigeria’s objections that challenged its competence under Article 9 of the ECOWAS Court Protocol.
The Court also rejected Nigeria’s claim that the Applicants were asking it to revisit a matter already decided by domestic courts.
It dismissed Nigeria’s argument that the case exceeded the time limit allowed for filing legal action before the ECOWAS Court.
The Applicants—Khalifa Abiola, Moriam Abiola, and Hadi Abiola—filed the case on behalf of themselves and Mrs. Abiola’s estate.
They alleged unknown gunmen assassinated Mrs. Kudirat Abiola in Nigeria and sought justice through the ECOWAS Court of Justice.
The case, filed under suit number ECW/CCJ/APP/62/22, focused on alleged human rights violations linked to Mrs. Abiola’s assassination.
The Applicants said late Mrs. Kudirat Abiola was the wife of Nigerian politician Chief MKO Abiola, who won the June 1993 presidential election.
They stated that the military junta led by Gen. Ibrahim Babangida barred Chief Abiola from taking office despite his victory.
They claimed security agents arrested Chief Abiola, charged him with treasonable felony, and detained him in solitary confinement without trial.
The Applicants told the Court that late Mrs. Abiola led efforts to secure her husband’s release before her assassination in June 1996.
They argued the Nigerian government failed to prosecute those responsible, including Sergeant Barnabas Jebila, named by a Commission of Inquiry.
They said this failure violated late Mrs. Abiola’s fundamental rights protected under the African Charter on Human and Peoples’ Rights.
The Nigerian government objected, challenging the Court’s jurisdiction and the admissibility of the case brought before it.
The Court analyzed the objections and held the case fell within jurisdiction as it involved alleged human rights violations.
It ruled that Nigeria failed to meet its obligation to hold those responsible for Mrs. Abiola’s murder accountable.
Regarding the issue of reviewing national court decisions, the Court clarified it is not an appellate body over domestic courts.
It cited Ruling ECW/CCJ/RUL/05/24, which stated the Court cannot reverse or vary judgments from national courts.
The Court stressed its role is to assess Member States’ compliance with international human rights standards.
It also observed that the Applicants did not ask the Court to review any Nigerian court decision in this matter.
However, the Court ruled the Applicants lacked legal capacity to sue on behalf of Mrs. Abiola’s estate and themselves.
It declared the case inadmissible because Applicants failed to prove legal standing to represent the late Mrs. Abiola’s estate.
Hon. Justice Sengu Mohamed Koroma (Presiding), Hon. Justice Gberi-bè Ouattara, and Hon. Justice Edward Amoako Asante delivered the Court’s ruling.
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