ECOWAS COURT HOLDS NIGERIA LIABLE FOR THE UNLAWFUL KILLING OF FOOTBALLER JOSEPH IZU

The ECOWAS Court of Justice, on 28^th February 2025, ruled that the Federal Republic of Nigeria is responsible for the unlawful killing of Mr. Joseph Izu, a professional footballer, by members of the Nigerian Army. The Court also found Nigeria in violation of its obligation to conduct an effective investigation into the killing, thus violating his right to life under Article 4 of the African Charter on Human and Peoples’ Rights.

The case was filed by Ms. Izu Stephany Umefien, the deceased’s daughter, who sued through her mother, Portia Otto, seeking redress for the alleged arbitrary killing of her father on 16 October 2016. The Court dismissed the claims of the two other applicants, Portia Otto and Rueben Izu, for lack of admissibility but proceeded to consider the case on behalf of the minor child.

In the judgment delivered by Justice Dupe Atoki, Judge Rapporteur, the Court ordered the Federal Republic of Nigeria to pay compensation in the sum of N10,000,000,00 (Ten Million naira) only to Ms. Izu Stephany Umefien, represented by her mother, for the violations suffered. The Court also directed Nigeria to take necessary measures to implement the recommendations of its investigative panel and ensure justice for the deceased.

In the case, the Applicants alleged that Mr. Joseph Izu was shot and killed by soldiers of the 2 Brigade, Nigerian Army, during a military operation in Rivers State, despite pleading his innocence and presenting his identity card. The Applicants further claimed that their numerous petitions to Nigerian authorities failed to yield any result, and that the government had not conducted an effective investigation into the incident.

The Respondent, the Federal Republic of Nigeria, argued that Mr. Izu was caught in a crossfire between soldiers and suspected cultists and maintained that the military’s actions were justified under Section 33(2)(c) of the 1999 Constitution. The government also contended that an investigative panel had been set up, but its recommendations had not been implemented.

In its judgment, the Court determined that Mr. Joseph Izu’s death was caused by bullet wounds inflicted by Nigerian soldiers, rejecting the Respondent’s claim that the killing was justified under the exceptions outlined in the 1999 Constitution. The Court held that Nigeria failed to demonstrate that Mr. Izu was engaged in any unlawful act necessitating the use of lethal force.

The Court found that while Nigeria had set up a panel to investigate the incident, the failure to implement its recommendations rendered the process ineffective. The Court stressed that a meaningful investigation must result in accountability and deterrence, which was absent in this case.

The Court also ruled that Nigeria had violated the right to a fair hearing by failing to provide the Applicants with access to an effective remedy.

The three-member panel of the Court were Honourable Justice Ricardo Cláudio Monteiro Gonçalves (presiding judge), Honourable Justice Dupe (judge rapporteur) and Honourable Justice Edward Amoako Asante (Panel member).