Why ECOWAS Court Dismissed Suit Over Kudirat Abiola’s Murder

The Economic Community of West African States’ (ECOWAS) Court of Justice has dismissed a lawsuit against the Nigerian Government over the murder of Mrs. Kudirat, the wife of Chief MKO Abiola.

Abiola was said to have won the 1993 presidential recognised as the most free and fair election in Nigeria’s political history, but was annulled by the military government of General Ibrahim Babangida.

The public demonstration that ensued thereafter led to Abiola’s incarceration by the military authorities and subsequently his controversial death.

Kudirat was allegedly killed by unidentified gunmen in 1996.

Three applicants — Khalifa Abiola, Moriam Abiola and Hadi Abiola— filed the suit against the Federal Government over the alleged murder of Kudirat, who led a campaign for the release of her husband from prison in Nigeria.

They contended that the Nigerian government had violated the late Mrs. Abiola’s fundamental human rights as guaranteed by the African Charter on Human and Peoples’ Rights by failing to hold those responsible for her assassination accountable, including one Sergent Barnabas Jebila, as revealed in findings of a Commission of Inquiry.

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However, in its judgement on Friday, the ECOWAS court dismissed the suit on the ground that the applicants failed to present proof of direct relationship with late Mrs Abiola.

The court determined that the applicants’ locus standi (legal capacity) to file the action against the Nigerian government could not be determined in light of the fact that they also failed to present any legal document requiring them to sue as indirect victims on behalf of Abiola’s estate.

Court pointed out that the Applicants, suing on behalf of themselves and the estate of Mrs Kudirat Abiola, did not demonstrate legal capacity to sue on behalf of late Mrs Kudirat Abiola’s estate.

The Ruling was delivered by a panel of judges comprising Hon Justice Sengu Mohamed Koroma (Presiding), Hon Justice Gberi-bè Ouattara, (Member) and Hon Justice Edward Amoako Asante (Judge Rapporteur).

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The Court also rejected the Federal Republic of Nigeria’s arguments, which contested its authority to decide the case and were characterised as falling outside the purview of Article 9 of the Court’s Protocol.

The ECOWAS court dismissed an objection that FG filed to challenge both the admissibility of the matter before the Court and its jurisdiction to entertain the case.

Regarding FG’s argument that it was sitting on appeal over a matter that had already been decided by a Nigerian court, the regional court clarified that its mandate does not involve acting as an appellate forum over national courts but rather to assess Member States’ compliance with international human rights standards.

The Court noted that the case was within its scope of competence as it pertained to alleged human rights violations by the Respondent for failing to fulfil its ongoing obligation to hold the perpetrators of Mrs. Abiola’s murder.