The ECOWAS Court has dismissed a case brought by Khalifa Abiola, Moriam Abiola, and Hadi Abiola, who accused the Nigerian government of violating the fundamental human rights of the late Kudirat Abiola.
Kudirat was assassinated in 1996 while campaigning for the release of her husband, Chief MKO Abiola, from detention.
The applicants argued that the government failed to ensure justice for Kudirat by not prosecuting her killers, despite a commission of inquiry identifying a key suspect, Sergeant Barnabas Jebila.
However, in its ruling delivered on Friday, Judge Rapporteur Justice Edward Amoako Asante stated that the applicants lacked the legal capacity to sue.
The court found that they did not establish a direct relationship with Kudirat or provide a legal mandate to act on behalf of her estate.
While rejecting Nigeria’s objections regarding its jurisdiction, the court reaffirmed its authority to hear cases involving human rights violations by member states.
However, it clarified that it does not function as an appellate body for national court decisions.
The court’s ruling, contained in case number ECW/CCJ/APP/62/22, stated, “The Court also dismissed the objections of the Respondent, 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 its national court and that the case had exceeded the time limit allowed for legal action.”
However, it further noted, “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 late Mrs Kudirat Abiola’s estate.
“Consequently, the Court ruled the case as inadmissible for lack of legal capacity of the Applicants to sue on behalf of themselves and late Mrs Kudirat Abiola in this matter.”
The decision was delivered by a panel of judges comprising Hon. Justice Sengu Mohamed Koroma (Presiding), Hon. Justice Gberi-bè Ouattara (Member), and Hon. Justice Edward Amoako Asante (Judge Rapporteur).
