The Community Court of Justice, ECOWAS, has declared a case filed by Khalifa Abiola and two others against the Federal Government of Nigeria over alleged human rights violations concerning the assassination of the late Mrs Kudirat Abiola as inadmissible.
In its ruling delivered on Friday, Justice Edward Amoako Asante, the Judge Rapporteur, stated that the applicants lacked the legal capacity to sue, as they failed to establish a direct relationship with Mrs Abiola or present any legal mandate to act on behalf of her estate.
In a statement sent to our correspondent via email, the case, with suit number ECW/CCJ/APP/62/22, was brought before the court by Khalifa Abiola, Moriam Abiola, and Hadi Abiola.
They alleged that Mrs Kudirat Abiola—wife of Chief MKO Abiola, the widely acclaimed winner of Nigeria’s annulled 1993 presidential election—was assassinated in 1996 while advocating for her husband’s release from detention.
According to the statement, the applicants contended that the Nigerian government violated her fundamental human rights by failing to hold her killers accountable, despite a Commission of Inquiry identifying a key suspect, Sergeant Barnabas Jebila.
While dismissing the case, the ECOWAS Court also rejected Nigeria’s objections regarding its jurisdiction, affirming its competence to hear cases involving alleged human rights violations by member states.
However, it clarified that its role does not include acting as an appellate body over national court rulings.
“The court also dismissed the objections of the respondent, the Federal Republic of Nigeria, challenging its competence to determine the matter, which it described as beyond the scope of Article 9 of the Protocol of the Court. It equally dismissed the respondent’s submissions that the applicants were requesting the court to determine a case already decided by a national court and that the case had exceeded the time limit allowed for legal action.
“However, the court noted that the applicants, suing on behalf of themselves and the estate of Mrs Kudirat Abiola, had not demonstrated legal capacity to sue on behalf of the late Mrs Kudirat Abiola’s estate.
“Consequently, the court ruled the case as inadmissible due to the lack of legal capacity of the applicants to sue on behalf of themselves and the late Mrs Kudirat Abiola in this matter.
“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),” the statement said.
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