ECOWAS Court Dismisses Nigeria’s Preliminary Objections, Proceeds to Determine Death Row Inmate’s Alleged Human Rights Violation Case

The Community Court of Justice, ECOWAS, on 7 November 2024, dismissed all objections raised by the Federal Republic of Nigeria challenging the Court’s jurisdiction and the admissibility of a case alleging the violations of the human rights of Mr Vincent Ogueri, a Nigerian man on death row.

The ruling delivered by the Judge Rapporteur, Justice Edward Amoako Asante, paves the way for Mr. Ogueri’s case to proceed for hearing of the substantive matter. The case ECW/CCJ/APP/13/21 was brought by two non-governmental organisations (NGOs) registered in Nigeria – the Incorporated Trustees of Centre for Peace and Conflict Management in Africa, and Rethink Africa Foundation, on behalf of Mr Vincent Ogueri, a 72-year-old inmate in a Nigerian maximum-security prison.

The two NGOs who described themselves at the first Applicants in the case claim that the second Applicant, Mr Ogueri’s long incarceration under inhuman and degrading conditions has caused his health to significantly deteriorate. They sought the immediate release of Mr Ogueri who has spent nearly 30 years on death row, and the payment of a 55-million-naira compensation to him.

Relying on provisions of the African Charter on Human and Peoples’ Rights, the NGOs alleged that Mr. Ogueri has been subjected to extreme mental torture and degrading treatment in violation of his rights under the African Charter on Human and Peoples’ Rights.  

On their part, the Respondent, Federal Republic of Nigeria, raised several objections arguing that the Court lacked jurisdiction and that the case was inadmissible for various reasons including a claim that the case was statute-barred. The Respondent also argued that the Court was not an appellate court and therefore lacked the mandate to overrule Mr Ogueri’s original conviction.

In its findings, the Court noted that it had jurisdiction over the matter as the case raises allegations of human rights violations which fall under its purview according to Article 9(4) of the Court’s Protocol. Furthermore, it rejected Nigeria’s assertion that the case was statute-barred, clarifying that the three-year limitation in Article 9(3) of the Court’s Protocol applies only to cases of extra-contractual liability involving the ECOWAS Community itself, not human rights claims against Member States.

In addition, the Court reaffirmed it was not an appellate court to review national court decisions. However, the Court stated that it had jurisdiction to determine whether the alleged treatment of Mr. Ogueri while in prison breached Nigeria’s international obligations under the African Charter.

Further, the Court ruled that the NGOs, Centre for Peace and Conflict Management in Africa, and Rethink Africa Foundation, lacked the legal capacity to bring the case before the Court, as they failed to demonstrate sufficient connection or representational authority to act on Mr Ogueri’s behalf. Consequently, the NGOs were struck off the case, leaving Mr. Ogueri as the sole Applicant.

Following this ruling, the Court will proceed to hear the substantive case concerning Mr Ogueri’s claims of inhuman and degrading treatment in violation of his fundamental rights.

Also on the panel were Justice Ricardo Cláudio Monteiro Gonçalves (presiding) and Justice Dupe Atoki (member).

This Decision marks a significant step in the Community Court of Justice, ECOWAS’ role in upholding human rights standards and addressing alleged human rights violations within its Member States.