A Nigerian child rights advocate and whistleblower, Ighorhiohwunu Aghogho, has filed a suit against Nigeria at the Economic Community of West African States Court of Justice, alleging state-sponsored child trafficking and persecution of whistleblowers.
The suit, numbered ECW/CCJ/APP/28/25 and dated Wednesday, June 11, was filed on behalf of Aghogho by his lawyer, Andrew Elekeokwuri, naming the Federal Republic of Nigeria as the sole defendant.
The suit centres on alleged state complicity in systemic child trafficking and the unconstitutional targeting of whistleblowers.
The plaintiff’s lawyer in his contentions stated that Aghogho, recognised for exposing child exploitation rings in Delta State, was arrested on July 21, 2022 and prosecuted under the now-repealed Section 24 of the Cybercrime Act, 2015, following social media disclosures about irregularities in state adoption processes.
The suit claims that Aghogho was detained for over 600 days at the Warri and Ogwashi-Uku Correctional Centres, adding that during this time, he petitioned the Attorney-General of the Federation to investigate the alleged misconduct by Delta State prosecutors.
He adds that despite acknowledging the petition, no protective or corrective measures were reportedly taken, and the prosecution persisted, allegedly relying on an outdated 2017 prosecutorial fiat.
Aghogho argues that his arrest and prosecution were illegal and retaliatory, aimed at silencing his advocacy and shielding those implicated in child trafficking.
He also challenges the legality of the Delta State Child Rights (Amendment) Law, 2024, signed into law on April 10, 2025, claiming it seeks to retroactively legitimise decades of illegal adoptions in contravention of federal laws and international treaties.
The plaintiff further alleges institutional failures, asserting that child trafficking operations were facilitated by the Delta State Ministry of Women Affairs from 1991 to 2022.
He claims that multiple petitions to federal authorities, including the National Assembly, the Nigeria Police, the Department of State Services, the Economic and Financial Crimes Commission and the National Population Commission, failed to result in investigations or action.
The suit seeks extensive relief, including declaratory and mandatory orders. Specifically, Aghogho requests that the ECOWAS Court, “Declare his arrest and prosecution under the repealed Cybercrime Act unlawful and a breach of his rights to freedom of expression under the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights.
“Declare his prolonged detention of over 600 days as unlawful and arbitrary punishment, violating both domestic and international legal standards.
Declare his continued prosecution under a 2017 prosecutorial fiat as judicial harassment and an abuse of prosecutorial discretion in violation of fair trial standards.
“Invalidate the Delta State Child Rights (Amendment) Law, 2024, and declare it unconstitutional, ultra vires, and inconsistent with Nigeria’s obligations under the UNCRC and ACRWC.”
He prayed the court to order the discontinuance of the criminal proceedings in Charge No. FHC/WR/92C/2022 was brought against him and revoked the prosecutorial fiat relied upon by Delta State officials.
He also asked the court to “order the Federal Government to initiate an impartial, multi-agency investigation into the disappearance and trafficking of children in Delta State between 1991 and 2022, and publish the findings within a defined timeframe.”
He urged the court to direct the Delta State Commissioner of Police to release official records relating to the transfer of children to the Ministry of Women Affairs during the stated period.
“Mandate the EFCC to conduct a forensic audit of all adoption-related accounts managed by the Delta State Ministry of Women Affairs, especially those held with Eco Bank and Zenith Bank.
He also prayed the court to make an order issuing an impartial investigation into child trafficking in Delta State and mandate the publication of findings.
Direct various agencies, including the EFCC and National Population Commission, to release records related to adoption and financial audits.
The plaintiff also seeks $100 million in damages for unlawful detention and violation of his rights and calls for the implementation of safeguards to protect whistleblowers and child rights advocates.
According to a notice issued by the ECOWAS Court and signed by its Chief Registrar, the Federal Republic of Nigeria has been directed to file a defence within 30 days of service. Failure to comply may result in a default judgment.
The suit, already served on the Attorney-General of the Federation, awaits further proceedings at the ECOWAS Court’s Abuja registry.
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