Human-rights lawyer and Senior Advocate of Nigeria Femi Falana, SAN, has instituted proceedings against the Federal Republic of Nigeria before the Community Court of Justice, ECOWAS, seeking $10 million in damages over alleged human-rights violations committed during successive military administrations.
The action, marked ECW/CCJ/APP/30/2026, was filed before the regional court in Abuja.
Falana alleges that he was subjected to arrests, prolonged detention, an alleged abduction, restrictions on movement and other violations between the 1980s and 1990s.
He is asking the ECOWAS Court to hold that the alleged actions violated his rights to personal liberty, dignity, fair hearing, property and freedom of movement under the African Charter on Human and Peoples’ Rights and applicable ECOWAS instruments. TheCable
Dispute dates back more than four decades
Falana’s application traces aspects of the dispute to his National Youth Service Corps period in Oyo State between 1982 and 1983.
According to his case, he represented students of the University of Ibadan who faced criminal allegations following a dispute involving university authorities.
Falana alleges that his NYSC discharge certificate was subsequently withheld because he represented the students without official permission.
His application also refers to arrests and detentions allegedly connected with his work as a human-rights lawyer and pro-democracy advocate during various military governments.
One of the episodes cited reportedly concerns his detention in 1985 by the then National Security Organisation.
Falana further relies on incidents arising during Nigeria’s pro-democracy struggles in the 1990s, including the period following the annulment of the June 12, 1993 presidential election.
ECOWAS Court asked to examine historical violations
The proceedings raise an important question concerning regional human-rights remedies for alleged abuses that occurred decades earlier.
Falana is not merely asking the court to acknowledge the historical events.
He seeks declarations that Nigeria bears legal responsibility for the alleged violations and asks for monetary compensation.
Nigeria will be entitled to file a response contesting the claims, jurisdictional questions or any other legal issues arising from the application.
At this stage, Falana’s assertions remain allegations before the ECOWAS Court. No judgment has been delivered establishing liability against the Federal Republic of Nigeria in the case.
The litigation will nevertheless attract interest because of Falana’s long history of human-rights advocacy and because it asks a regional court to examine alleged state conduct dating back several decades.
Growing importance of ECOWAS human-rights jurisdiction
The ECOWAS Court has developed a significant body of jurisprudence on human rights, including unlawful detention, freedom of expression, state violence and access to effective remedies.
A recurring issue, however, remains enforcement of the Court’s decisions by member states.
LegalLinkz recently reported that the Court itself has placed judgment enforcement and compliance among the key institutional issues requiring attention as it considers the future of regional justice in West Africa.
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Source: TheCable
