ECOWAS court dismisses human rights violation claim against Nigeria

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

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

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
Bandits kill one, abduct two in Ondo community
One of the sources who spoke on Tuesday said the deceased was shot dead while trying to escape from the captivity of the kidnappers.

States
World Bank to support LASTMA’s efforts in traffic management
The general manager also shared operational statistics for 2024, highlighting the number of vehicular breakdowns successfully managed by LASTMA.

NationWide
Dele Farotimi appointed organising secretary of Adebanjo-led Afenifere faction
“The general meeting considered and approved the appointment of Barrister Dele Farotimi as the national organising secretary of the Afenifere,” it read.

States
Kano assembly urges enforcement on completion of uncompleted building
Mr Abubakar expressed concern over the rising number of stalled construction sites, which criminals were using as hideouts in the state.

World
Deportation flight lands in Colombia after migration dispute with U.S.
The Colombians arrived in the capital, Bogotá, on a Colombian Air Force plane.

NationWide
Police procure controversial Abuja judge, charge Yele Sowore for calling Egbetokun illegal inspector-general
Mr Sowore was accused of violating the Cybercrime Act 2015 as Amended 2024 over his posts against Mr Egbetokun.