ECOWAS Court dismisses SERAP’s case against FG

The Community Court of Justice of the Economic Community of West African States (ECOWAS) has dismissed the suit filed by the Socio-Economic Rights and Accountability Project (SERAP) against the Federal Government.

In dismissing the suit, marked ECW/CCJ/JUD/08/21, the court said the application was inadmissible.

The court was presided over by Hon. Justice Edward Amoaka Asante. Other members of the panel, included Hon. Justice Gberi-Be Outattara and Hon. Justice Januaria T. Silva Moreira Costa.

SERAP, a non governmental organization (NGO), through its solicitors; Olufunmilola Falana Esq, Olusola Egbeyinka, Esq of Falana and Falana Chambers had on April 4, 2016 filed an application at the ECOWAS against “violation of human rights of Nigerians and other individuals.”

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The applicant argued that the court should order the federal government to pay compensation to victims of human rights abuses and guarantee the rights of Nigerians, which included the rights to life, to security of the human persons, to the respect of the dignity inherent in a human being and right of property, guaranteed by Articles 1, 2, 3, 4, 5, 6 and 14 of the African Charter, Articles 1, 2, 3, 7, 8 and 17 of the Universal Declaration of Human Rights, Articles 2 and 6(1) of the International Covenant on Civil and Political Rights.

However, the federal government through its counsel, Tijanni Gazali (SAN) and Adedayo Ogundele, Esq., of the Office of the Attorney General of the Federation, Federal Ministry of Justice, Abuja, in its counter argument, denied committing any violation against some groups or individuals.

It stated further that it settles compensation as necessary.

The federal government noted that most of the issues raised by the applicant’ claims were either settled, or at the appeal courts for further interpretation and final resolution.

In the judgement, the court maintained that even where jurisdiction of court is established, according to Article 10(d) of the Supplementary Protocol of the Court as amended, an application whose subject matter concerns human rights violation shall only be admissible when three criteria are met.

The court held that first applicant’s status as “victims” must be established, which was not met in the extant case.
Secondly, the court also held that non-anonymity of the application was not acceptable in the enforcement of fundamental human rights case, and the fact that the applicants have not been able to prove that there is no pendency of a similar case before another international court or tribunal, made applicant’s application not admissable.

“The applicant having purportedly initiated the instant action on behalf of a community or group which lacks proper identification, applicant’ locus standing in the matter cannot be sustained to admit the case for determination.

“Consequently, the action cannot be admitted under such a fatal capacity of the applicant and same is dismissed in its entirety.

“It must be further observed that the applicant NGO has not been directly affected by the alleged violations, therefore it does not fulfill the requirement of being a victim on its own right.”

The court judgment further stated that “the only ground to admit the case is on proof of the action being action popularis. However, the principles of public interest litigation and action popularis appear non-applicable to this case since the rights complained of, such as the right to life, to property, etc which primarily belongs to the victims and may only be claimed by them or their next-of-kins where necessary, have not been succinctly linked to the general public interest contemplated in the context of an action popularis.

“In the instant case, all the communities or groups on whose behalf the action is purportedly initiated to vindicate any alleged violations of their rights have themselves already taken various legal steps to remedy any wrongs if any.

“The applicants case fails to clearly establish any community or groups whose public interest is allegedly breached and needs vindication as claimed,” the court declared.

Responding to the development, the Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN) described the judgment as a clear vindication of the federal government’s efforts towards respecting human rights and international conventions.

In a statement by Umar Gwandu, Special Assistant on Media and Public Relations, Office of the Attorney General of the Federation and Minister of Justice, Abubakar Malami said the judgment had saved Nigeria from payment of billons of Nigeria’s naira for bogus claims.

Malami renewed the commitment of the Office of the Attorney General of the Federation and that of the Federal Government to protecting the rights of citizens in ramifications as well as protecting the public interest in the discharge of constitutionally recognised mandate.