ECOWAS Court Dismisses Kudirat Abiola’s Family’s Case Against Nigerian Govt

The ECOWAS Court has ruled on the case filed by Kudirat Abiola’s family against the Nigerian government, declaring it inadmissible due to lack of legal standing.

The ECOWAS Community Court of Justice has given its ruling on a case filed by Khalifa Abiola and two others against the Nigerian government.

The case focused on alleged human rights violations related to the assassination of the late Kudirat Abiola.

In the judgment, Justice Edward Amoako Asante stated that the case could not be accepted because the applicants failed to prove any direct connection to the deceased. He said, “The applicants have not demonstrated a direct relationship with the late Kudirat Abiola or provided any legal authority to act on behalf of her estate.”

Despite objections from the Nigerian government, which questioned the court’s jurisdiction, the judges ruled that the case did fall within their scope since it involved alleged human rights violations. However, they dismissed claims that the applicants were trying to reopen a case already settled by a national court or that they had exceeded the legal time limit for filing.

The case, identified as ECW/CCJ/APP/62/22, was filed by Khalifa Abiola, Moriam Abiola, and Hadi Abiola. They claimed that Kudirat was murdered by gunmen in Nigeria and wanted to seek justice on behalf of her and her estate.

The applicants argued that Kudirat was the wife of Chief MKO Abiola, the winner of the June 1993 presidential election, who was prevented from taking office by the military. They stated that after Chief Abiola was arrested and kept in solitary confinement without trial, Kudirat led a movement demanding his release until she was assassinated in 1996.

They further accused the Nigerian government of failing to hold those responsible for her killing accountable, violating Kudirat’s human rights as stated in the African Charter on Human and Peoples’ Rights. They pointed out that “Sergeant Barnabas Jebila was named in a Commission of Inquiry, yet no justice has been served.”

The Nigerian government, however, argued that the case should not be heard. They insisted that “the court does not have jurisdiction, and the matter before it is inadmissible.”

The judges explained that while the court had the power to examine human rights violations, “this court is not an appellate body for national courts. Our role is to assess member states’ compliance with international human rights standards.”

In its final ruling, the court observed that the applicants had not provided enough legal proof to represent Kudirat’s estate or pursue the case in their own names. “Since the applicants lack the legal ability to sue on behalf of themselves and the late Kudirat Abiola, this case is declared inadmissible,” the court concluded.
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