The Economic Community of West African States, ECOWAS, Court has dismissed Nigeria’s preliminary objections, paving the way for a full hearing on a human rights violation case involving Ogueri, a 72-year-old Nigerian who has been on death row for nearly 30 years.

The ruling was delivered by Justice Edward Asante in Abuja on Thursday. The Nigerian government had challenged the court’s jurisdiction, arguing that the case was statute-barred and beyond the court’s purview. However, the ECOWAS Court determined it has authority to hear the case, as it raises human rights issues under Article 9(4) of the Court’s Protocol. The court also clarified that the three-year limitation applies only to cases involving the ECOWAS Community itself, not to human rights claims against Member States.

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Although the court acknowledged it is not an appellate body for national decisions, it asserted jurisdiction over allegations of inhumane treatment, citing Nigeria’s obligations under the African Charter on Human and Peoples’ Rights.

However, the court struck off the two NGOs that initially filed the case—Centre for Peace and Conflict Management in Africa and Rethink Africa Foundation—on the grounds that they lacked sufficient standing. Ogueri remains the sole applicant, represented by legal counsel.

The case, marked ECW/CCJ/APP/13/21, was filed by the NGOs on Ogueri’s behalf, alleging prolonged confinement under degrading conditions that have led to severe deterioration in his health. They sought his immediate release and compensation of 55 million naira for the alleged violation of his rights.

This ruling is seen as a milestone for the ECOWAS Court, reinforcing its commitment to addressing alleged human rights abuses within its Member States. The court will now move forward with hearing the substantive suit.

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