Sunday, July 19, 2026

ECOWAS court dismisses human rights violation claim against Nigeria

The court noted that the action was not for the benefit of the public, and the applicant didn’t demonstrate that the victims couldn’t be envisioned by the court.

• January 28, 2025
ECOWAS
ECOWAS

The ECOWAS Court of Justice has dismissed an alleged human rights violation suit filed by one Patrick Eholor, on behalf of Makia Media Limited, against the Federal Government.

The applicant had in suit number ECW/CCJ/APP/43/21, alleged that Nigeria’s broadcasting laws violated social media rights, human rights defenders, activists, bloggers, and journalists.

Delivering judgment, Justice Sengu Koroma, Judge Rapporteur, with Justices Ricardo Gonçalves (presiding) and Dupe Atoki (member), dismissed the applicant’s claims and upheld the preliminary objection raised by Nigeria.

The court held that the applicant lacked the legal capacity to bring the matter before it as ‘actio popularis’ (public interest) suit.

According to the community court, the applicant also failed to present evidence mandating him to act in a representational capacity on behalf of Makia Media Limited.

It, therefore, declared the entire suit inadmissible “both as an actio popularis suit and a representational suit.”

“The reliefs sought must be exclusively for the benefit of the public to the exclusion of the personal interest of the applicant,” Justice Koroma held.

The court noted that it only had jurisdiction to entertain the case because it bordered on alleged human rights violations but pointed out that the case was inadmissible.

The court further held that although the applicant had jurisdiction to bring a claim for human rights violation as a corporate body, the suit neither met the requirement of ‘actio popularis’ principle.

According to the community court, the action was not for the benefit of the public, and the applicant did not demonstrate that the victims cannot be envisioned by the court.

Mr Eholor had in his submission argued that various Nigerian Broadcasting Code provisions were inconsistent with the African Charter on Human and Peoples’ Rights, and International Treaties and Conventions to which Nigeria is a signatory.

The applicant had further claimed that in July 2020, the Respondent through the Nigeria Broadcasting Commission (NBC) began implementation of repressive Sections of the Code, particularly Sections 5, 4 (1), (f) and 5 (4), (3).

He argued that NBC considered coverage on security issues as a threat to governance and engaged in arbitrary arrest and detention of media practitioners.

He further claimed that the respondent also failed to release public information sought by practitioners, which violated their rights to freedom of expression and information.

Responding, Nigeria denied the applicant’s claims, arguing that no court had declared any section of the NBC Code as ambiguous or illegal and the applicant had not been prevented from exercising its rights within the limits of the law.

It added that the applicant was not at any time arrested or detained, and as a corporate body, lacked the capacity to sue for the violation of human rights.

The court, however, ordered Nigeria to pay an interlocutory cost of N250,000 to the applicant due to the respondent’s  “tardiness” in the course of the matter.

(NAN)

We have recently deactivated our website's comment provider in favour of other channels of distribution and commentary. We encourage you to join the conversation on our stories via our Facebook, Twitter and other social media pages.

More from Peoples Gazette

farmers

Agriculture

FG tasks ECOWAS on leveraging financing strategies for agroecology

The federal government has urged stakeholders in the agriculture and finance sectors in the West Africa region to leverage financing strategies to enhance agroecology practices

Katsina State

Politics

Katsina youths pledge to deliver over 2 million votes to Atiku

“Katsina State is Atiku’s political base because it is his second home.”

States

Flooding: Anambra, Ebonyi, Enugu place emergency response agencies on alert

He urged residents living in flood-prone areas to heed early warning messages.

Flood

NationWide

Flood Alert: NEMA urges residents in flood-prone areas to evacuate as rains intensify

Mrs Umar advised motorists and pedestrians against driving or walking through floodwaters.

Vice-President Kashim Shettima

NationWide

Shettima departs Abuja for ECOWAS summit in Freetown

The summit will focus on key policy decisions and strategic resolutions.

National Broadcasting Commission

NationWide

NBC unveils new digital broadcasting rules  

Mr Ebuebu said the commission had observed declining ethical standards in broadcasting.

Heading 3

POWA reaffirms commitment to members’ welfare

According to Mrs Disu, the invaluable role of police officers’ wives cannot be overemphasised.

Nigeria Premier Football League logo

States

N2 billion NPFL prize won’t fix Nigerian football, says Gara-Gombe

He lamented that Nigeria had only a few stadiums capable of meeting international standards.