The case, brought by Khalifa Abiola, Moriam Abiola, and Hadi Abiola, was ruled inadmissible due to the applicants’ lack of legal capacity to sue.
The Economic Community of West African States (ECOWAS) Court of Justice has dismissed a case filed against the Government of Nigeria over alleged human rights violations concerning the assassination of Mrs. Kudirat Abiola.
The case, brought by Khalifa Abiola, Moriam Abiola, and Hadi Abiola, was ruled inadmissible due to the applicants’ lack of legal capacity to sue.
Delivering the judgment on Friday, Justice Edward Amoako Asante, the Judge Rapporteur, stated that the applicants had failed to establish a direct legal relationship with the late Mrs. Abiola or provide a legal mandate to act on behalf of her estate.
The case, registered as suit number ECW/CCJ/APP/62/22, was dismissed on these grounds.
The applicants had alleged that Mrs. Kudirat Abiola — wife of Chief MKO Abiola, the presumed winner of Nigeria’s annulled 1993 presidential election — was assassinated in 1996 while advocating for her husband’s release from detention.
They argued that the Nigerian government had violated her fundamental human rights by failing to bring her killers to justice, despite a Commission of Inquiry identifying a key suspect, Sergeant Barnabas Jebila.
While dismissing the case, the ECOWAS Court also rejected Nigeria’s objections regarding its jurisdiction.
It reaffirmed its authority to hear cases of alleged human rights violations committed by member states but clarified that it does not serve as an appellate body for national court decisions.
“The court also dismissed the respondent’s objections, which challenged its competence to determine the matter under Article 9 of the Protocol of the Court.
“It rejected claims that the applicants were attempting to reopen a case already decided by a national court or that the case had exceeded the legal time limit for filing,” the ruling stated.
Despite upholding its jurisdiction, the court concluded that the applicants lacked the legal standing to sue on behalf of Mrs. Abiola’s estate, leading to the case’s inadmissibility.
The ruling was delivered by a panel of judges, including Justice Sengu Mohamed Koroma (Presiding), Justice Gberi-bè Ouattara, and Justice Edward Amoako Asante.