The Community Court of Justice, ECOWAS, on Friday dismissed a case filed by members of the Abiola family against the Federal Government of Nigeria concerning the assassination of Kudirat Abiola, wife of the late M.K.O. Abiola, the winner of the 1993 June 12 presidential election.
The case was brought before the court by three of Kudirat’s family members Khalifa Abiola, Moriam Abiola, and Hadi Abiola who claimed that her fundamental human rights were violated when she was murdered in 1996 while advocating for her husband’s release from detention. They alleged that the Nigerian government failed to hold her killers accountable despite a commission of inquiry identifying a key suspect, Sergeant Barnabas Jebila.
However, in its ruling, the ECOWAS court ruled that the applicants lacked the legal standing to sue, as they were unable to demonstrate a direct relationship with the late Kudirat or provide any legal mandate to act on behalf of her estate.
Justice Edward Amoako Asante, who delivered the ruling, stated that while the court affirmed its competence to hear cases involving human rights violations by member states, it also clarified that it does not function as an appellate body for national court rulings. Despite rejecting Nigeria’s objections to the court’s jurisdiction, the court emphasized that the applicants had failed to prove their legal capacity to file the suit on behalf of Kudirat Abiola’s estate.
The court also dismissed claims that the case had been previously decided by national courts or that it had exceeded the allowed time frame for legal action.
The ruling was made by a panel of judges, including Justice Sengu Mohamed Koroma (Presiding), Justice Gberi-bè Ouattara (Member), and Justice Edward Amoako Asante (Judge Rapporteur).
