The case filed against the Federal Government of Nigeria on the assassination of the late Mrs. Kudirat Abiola, the wife of the winner of June 12, 1993 presidential election, M.K.O Abiola has been thrown out by the Community Court of Justice, ECOWAS.o
Three members of the Abiola’s family, Khalifa Abiola, Moriam Abiola and Hadi Abiola, filed the suit alleging that Kudirat’s rights were infringed upon with her was assassinated in 1996 while advocating her husband’s release from detention.
The applicants accused the Nigerian government of failing to uphold Kudirat’s fundamental human rights for not prosecuting her killers, despite a commission of Inquiry identifying a key suspect, Sergeant Barnabas Jebila.
The Judge Rapporteur, Justice Edward Amoako Asante, on Friday in the ruling said the applicants have no legal capacity to sue, as they failed to establish a direct relationship with Kudirat or present any legal mandate to act on behalf of her estate.
The ECOWAS court in the case with suit number ECW/CCJ/APP/62/22, declined Nigeria’s objections regarding its jurisdiction, affirming its competence to hear cases involving alleged human rights violations by member states.
However, the court said its role does not involve acting as an appellate body over national court rulings.
“The Court also dismissed the objections of the Respondent, Federal Republic of Nigeria, challenging its competence to determine the matter which it described as beyond the scope of Article 9 of the Protocol of the Court. It equally dismissed the Respondent’s submissions that the Applicants were requesting the Court to determine a case already decided by its national court and that the case had exceeded the time limit allowed for legal action.
“However, the Court noted that the applicants, suing on behalf of themselves and the estate of Mrs Kudirat Abiola, had not demonstrated legal capacity to sue on behalf of late Mrs Kudirat Abiola’s estate.
“Consequently, the Court ruled the case as inadmissible for lack of legal capacity of the Applicants to sue on behalf of themselves and late Mrs Kudirat Abiola in this matter.
“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),” the statement stated.
