ECOWAS Court Declares Inadmissible Case of Human Rights Violation Against Nigeria
The Community Court of Justice, ECOWAS, has declared inadmissible a case of alleged human rights violations brought by a Nigerian suing Makia Media Limited and dismissed all claims sought by the Applicant.
In its judgment delivered by Justice Sengu Koroma, Judge Rapporteur, the Court noted it had jurisdiction to hear the case centered on alleged human rights violations. On admissibility, the Court held that although the Applicant had jurisdiction to bring a claim for human rights violation as a corporate body, it neither met the requirement of the ‘actio popularis’ principle, that is, an action for the benefit of the public nor demonstrated that the victims could not be envisioned by the Court.
Consequently, the Court declared the case inadmissible after noting that the Applicant lacked the legal capacity to bring the matter before the Court as actio popularis and equally failed to present evidence mandating him to act in a representational capacity on behalf of Makia Media Limited.
“The reliefs sought must be exclusively for the benefit of the public to the exclusion of the personal interest of the Applicant,” the judgment stated.
In the initiating application, with suit number ECW/CCJ/APP/43/21, the Applicant, Patrick Eholor, suing on behalf of Makia Media Limited, alleged that the Respondent, the Federal Government of Nigeria, through its agent and extant laws governing broadcasting in Nigeria, violated the rights of human rights defenders, activists, bloggers, journalists, broadcasters, and social media users, including their rights to freedom of expression and information.
He added that various provisions of Nigeria’s Broadcasting Code were inconsistent with the African Charter on Human and Peoples’ Rights and other international Treaties and Conventions to which Nigeria is a signatory.
He claimed that in July 2020, the Respondent, through its agent, the Nigeria Broadcasting Commission (NBC), began implementing repressive Sections of the Code, particularly Sections 5, 4 (1), (f) and 5 (4), (3). Furthermore, NBC considered all coverage of security issues a threat to governance and engaged in arbitrary arrest and detention of media practitioners. He further claimed the Respondent also failed to release public information sought by practitioners.
On their part, the Respondent denied the Applicant’s claims, arguing that no court had declared any Sections of the NBC Code as ambiguous or illegal and that 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. It contended that the Applicant, being a corporate body, lacked the capacity to sue for violation of human rights.
After deliberation, the Court upheld the preliminary objection raised by the Federal Republic of Nigeria and declared the entire suit inadmissible “both as an actio popularis suit and a representational suit.” It also dismissed all other claims.
As to cost, the Court recalled its previous award of Two Hundred and Fifty Thousand Naira (against the Respondent state for tardiness). It, therefore, ordered the payment of the interlocutory cost of two million Naira in favor of the Applicant.
With Justice Koroma on the bench were Justices Ricardo Claúdio Monteiro Gonçalves (presiding) and Dupe Atoki (member).
