ECOWAS Court Dismisses Case Against Nigeria Over Assassination of Kudirat Abiola

On February 28, 2025, the Community Court of Justice, ECOWAS, delivered a ruling on the case brought by Khalifa Abiola and two others against the Federal Government of Nigeria over alleged human rights violations concerning the assassination of Mrs. Kudirat Abiola. The Court, in a decision read by Hon. Justice Edward Amoako Asante, declared the case inadmissible due to the applicants’ lack of legal capacity to sue on behalf of the late Mrs. Abiola’s estate.
Background of the Case
The applicants—Khalifa Abiola, Moriam Abiola, and Hadi Abiola—had filed suit number ECW/CCJ/APP/62/22, alleging that the Nigerian government failed to hold accountable those responsible for Mrs. Abiola’s assassination. Mrs. Kudirat Abiola, the wife of Chief MKO Abiola, was a prominent advocate for democracy in Nigeria. Chief MKO Abiola had won the June 1993 presidential election but was prevented from assuming office by the military regime led by General Ibrahim Babangida. Following his imprisonment on charges of treasonable felony, Mrs. Kudirat Abiola led a campaign for his release until her assassination in June 1996.
The applicants argued that the Nigerian government violated Mrs. Abiola’s fundamental human rights, as guaranteed under the African Charter on Human and Peoples’ Rights, by failing to hold her killers accountable, including Sergeant Barnabas Jebila, who was identified in a Commission of Inquiry report.
The Nigerian Government’s Objections
The Nigerian government raised multiple objections to the case, challenging the jurisdiction of the ECOWAS Court and the admissibility of the matter. It contended that the case had already been decided by national courts and that the applicants had exceeded the allowable time limit for filing legal action.
Court’s Ruling
In its ruling, the ECOWAS Court acknowledged that the case fell within its competence, as it pertained to alleged human rights violations. The Court clarified that it does not serve as an appellate body for national court decisions but rather assesses member states’ compliance with international human rights standards.
However, the Court found that the applicants had not established a direct legal relationship with Mrs. Kudirat Abiola or presented any legal mandate allowing them to sue on behalf of her estate. Due to this lack of legal standing, the case was ruled inadmissible.
The ruling was delivered by a panel of judges, including Hon. Justice Sengu Mohamed Koroma (Presiding), Hon. Justice Gberi-bè Ouattara (Member), and Hon. Justice Edward Amoako Asante (Judge Rapporteur).
Implications of the Ruling
This ruling underscores the ECOWAS Court’s strict adherence to procedural requirements in human rights cases. While the Court reaffirmed its jurisdiction over human rights violations, it emphasized the necessity for applicants to demonstrate clear legal capacity when suing on behalf of others. This decision may serve as a precedent for future cases involving human rights claims before the ECOWAS Court.
Despite the dismissal, the case highlights ongoing concerns regarding justice and accountability for past human rights violations in Nigeria. It remains to be seen whether other legal avenues will be pursued to address the assassination of Mrs. Kudirat Abiola and related human rights concerns.