ECOWAS Court Hands Down Contrasting Rulings On Togo, Nigeria Cases

Abuja, Nigeria – The ECOWAS Court of Justice has delivered two contrasting judgments this week, dismissing a case against Togo due to a lack of legal standing while awarding substantial compensation to a Nigerian student for human rights violations.

In the first case, the Court declared inadmissible an application filed by two Togolese diaspora groups, le Collectif pour la Vérité des Urnes TOGO-DIASPORA and le Réseau de la coordination de la diaspora togolaise indépendante (CVU-TOGO-DISPORA ET CONSORTS (RCDTI)), against the Republic of Togo.

The groups alleged violations of the Togolese constitution, electoral irregularities, and misconduct by Togolese institutions, seeking millions of euros in reparations and the release of political prisoners.

However, the Court, presided over by Honourable Justice Ricardo Cláudio Monteiro Gonçalves, ruled that the applicants lacked legal standing, failing to prove their legal status under Togolese or any other ECOWAS Member State law.

The absence of a legal registration document was cited as the reason for the inadmissibility. The Republic of Togo did not present a defense.

In a starkly different outcome, the ECOWAS Court held the Federal Republic of Nigeria accountable for the unlawful detention and mistreatment of Nigerian student Glory Okolie.

The Court awarded Okolie ₦10 million in compensation following her unlawful detention in June 2021, without judicial authorization.

The ruling cited violations of her right to a fair trial and deprivation of liberty, both contravening the African Charter on Human and Peoples’ Rights.

While Nigeria argued Okolie’s detention was justified due to her alleged links to the proscribed Indigenous People of Biafra (IPOB), the Court rejected this argument.

The Court ordered Nigeria to cease all harassment of Okolie and prevent similar incidents from recurring. Claims brought by co-applicant NGOs were dismissed on procedural grounds.

The panel for both cases included Honourable Justice Ricardo Cláudio Monteiro Gonçalves (presiding judge and judge rapporteur), Honourable Justice Sengu Mohamed Koroma (panel member), and either Honourable Justice Gberi-Bè Ouattara or Honourable Justice Edward Amoako Asante (panel member), depending on the case.

These contrasting rulings highlight the Court’s commitment to upholding human rights while emphasizing the importance of adhering to procedural requirements within the legal framework of the ECOWAS community.

The Togo decision underscores the challenges faced by diaspora groups seeking legal redress within the ECOWAS system, while the Nigeria case reinforces the Court’s role in holding member states accountable for human rights violations.