The Community Court of Justice, ECOWAS, has dismissed a case filed by Khalifa Abiola and two others against the Federal Government of Nigeria over alleged human rights violations concerning the assassination of the late Mrs Kudirat Abiola.
The court ruled that the applicants lacked the legal capacity to sue, as they failed to establish a direct relationship with Mrs Abiola or present any legal mandate to act on behalf of her estate.
The case, with suit number ECW/CCJ/APP/62/22, was brought before the court by Khalifa Abiola, Moriam Abiola, and Hadi Abiola. They alleged that Mrs Kudirat Abiola, wife of Chief MKO Abiola, the widely acclaimed winner of Nigeria’s annulled 1993 presidential election, was assassinated in 1996 while advocating for her husband’s release from detention.
The applicants contended that the Nigerian government violated her fundamental human rights by failing to hold her killers accountable, despite a Commission of Inquiry identifying a key suspect, Sergeant Barnabas Jebila. However, the court dismissed the case due to the applicants’ lack of legal capacity to sue on behalf of Mrs Abiola’s estate.
The ECOWAS Court also rejected Nigeria’s objections regarding its jurisdiction, affirming its competence to hear cases involving alleged human rights violations by member states. However, it clarified that its role does not include acting as an appellate body over national court rulings.
The ruling was delivered by a panel of judges, including Justice Sengu Mohamed Koroma (Presiding), Hon. Justice Gberi-bè Ouattara (Member), and Hon. Justice Edward Amoako Asante (Judge Rapporteur).
Kudirat Abiola’s killing occurred on June 4, 1996, while she was leading the campaign for her husband’s release from detention. The case has been ongoing for decades, with the applicants seeking justice and compensation for her unlawful killing. The ECOWAS Court’s decision has sparked mixed reactions, with some calling for the Nigerian government to take responsibility for the killing and provide compensation to the Abiola family.