ECOWAS COURT FINDS A BREACH OF ARTICLE 7 OF THE AFRICAN CHARTER ON HUMAN AND PEOPLE’S RIGHTS IN THE CASE OF MR. EDWIN LENYIE & 25 ORS. V. FEDERAL REPUBLIC OF NIGERIA

The Community Court of Justice, ECOWAS, on 13 February 2025, delivered a judgment in the case of Mr. Edwin Lenyie & 25 Ors. v. Federal Republic of Nigeria (Application No: ECW/CCJ/APP/34/17), ruling in favor of twenty-six applicants forcibly evicted from various communities in Lagos and Rivers States, Nigeria for violation of Article 7 of the African Charter Charter on Human and People’s Rights by the Federal Republic of Nigeria.

The case was brought by the Applicants, who alleged that between 2004 and 2013, the Nigerian authorities forcefully evicted residents of several communities without prior notice, compensation, or alternative shelter, leaving thousands homeless. Despite initial hearings by the National Human Rights Commission (NHRC) in 2014, the proceedings were suspended indefinitely, leaving the Applicants without legal recourse.

In the judgment delivered by Justice Sengu Mohamed Koroma, Judge Rapporteur, the Court found that it had jurisdiction to hear the case and ruled that the Applicants’ rights under Article 7 of the African Charter on Human and Peoples’ Rights (ACHPR), which guarantees the right to a fair trial and access to justice, had been violated. The Court held that the Nigerian state failed in its duty to ensure access to legal remedies for the victims, as the NHRC hearings were never concluded, and no alternative means of redress were provided.

The Court dismissed the Respondent’s objections, including its argument that the Applicants should have pursued their claims in Nigerian courts. It further struck out the NHRC as a respondent in the case, determining that the Nigerian state bears full responsibility for the actions of its agencies.

As a remedy for the rights violations, the Court awarded each of the twenty-six Applicants compensation of Two Million Naira only  (N2,000,000), to be paid by the Federal Republic of Nigeria. The Court emphasized that reparations serve as a means to restore justice rather than to punish the Respondent. The three-member panel of the Court were Honourable Justice Ricardo Cláudio Monteiro Gonçalves (presiding judge), Honourable Justice Sengu Mohamed Koroma (judge rapporteur), and Honourable Justice Gberi-Bè Ouattara (Panel member).