The Community Court of Justice, ECOWAS, has dismissed a case brought by two Non-Governmental Organizations, NGOs, alleging human rights violations by the Federal Republic of Nigeria.
In a ruling delivered on Friday, the Court declared the case inadmissible, citing the NGOs’ lack of legal capacity to initiate a public interest lawsuit.
Presiding over the judgment, Hon. Justice Sengu Mohamed Koroma also dismissed all claims made by the applicants—the Incorporated Trustees of Prince and Princess Charles Offokaja Foundation, Nigeria, and Prince and Princess Charles Offokaja Foundation, Switzerland—against Nigeria.
The lawsuit, with suit number ECW/CCJ/APP25/23, was brought by the NGOs through their agent, Charles Offokaja.
They alleged that Nigeria’s failure to construct a proposed dam in Adamawa State—intended to mitigate flooding caused by the Lagdo Dam in neighboring Cameroon—had resulted in severe human rights violations.
According to the Applicants, the absence of the dam led to recurrent flooding, causing widespread destruction, displacement, and disruption of economic and educational activities across 14 Nigerian states.
They further argued that the project would have enhanced water management, supporting irrigation and electricity generation.
In response, the Nigerian government denied the allegations, asserting that the dam project was part of a broader initiative to develop the Benue Basin’s water resources.
It emphasized that a 1982 pre-feasibility study was conducted under a long-term plan for regional water management.
Additionally, the government highlighted measures taken to mitigate flooding, including the construction of other dams and a 2024 Senate resolution approving the dredging of the Benue and Niger Rivers.
While the Court affirmed its jurisdiction over human rights cases, it ruled that the Swiss-based NGO, the second applicant, lacked legal standing before the Court.
Regarding the Nigerian-registered NGO, the first applicant, the Court acknowledged its claim of representing public interest but found that it failed to meet the necessary criteria for public interest litigation.
The ruling stated that while the Applicants referenced a broad group of victims—the Nigerian people—they did not identify specific individuals or a clearly defined class of affected persons.
“The Court recalls that the requirement is that the class of victims in a public interest litigation, even when indeterminable, should be capable of being envisaged by the Court,” Justice Koroma stated.
Consequently, the Court ruled that both applicants lacked the legal capacity to pursue the case, leading to its dismissal in full.
The judgment was delivered by a panel comprising Hon. Justices Sengu Mohamed Koroma, Presiding & Judge Rapporteur, Dupe Atoki, and Edward Amoako Asante.
