JUDGMENT DELIVERED IN THE CASE OF INCORPORATED TRUSTEES OF PRINCE & PRINCESS CHARLES OFFOKAJA FOUNDATION & ANOR V. FEDERAL REPUBLIC OF NIGERIA

ABUJA, 17 March 2025 – The Court of Justice of the Economic Community of West African States (ECOWAS) has today rendered its judgment in Case No. ECW/CCJ/APP/32/23, concerning allegations of discriminatory practices in Nigeria’s geopolitical structure.

The Court unanimously dismissed the application, finding that the Respondent State did not violate its obligations under regional and international human rights instruments.

Background

The Applicant, a non-governmental organization registered under Nigerian law, instituted proceedings alleging that the Federal Republic of Nigeria’s failure to create a sixth state in the Southeast geopolitical zone constituted discrimination contrary to Article 19 of the African Charter on Human and Peoples’ Rights and Article 26 of the International Covenant on Civil and Political Rights.

The Applicant further contended that this alleged imbalance deprived the Southeast zone of developmental benefits, including infrastructure, revenue allocations, and employment opportunities, thereby violating the right to development enshrined in Article 22 of the African Charter.

A second Applicant, a Switzerland-based non-governmental organization, was struck from the proceedings for lack of jurisdictional basis.

Key Findings

In its reasoned judgment, the Court held that:

  1. The creation of states within the Federal Republic of Nigeria falls within the constitutional prerogative of the Respondent State.
  2. The Southeast zone maintains sufficient representation within Nigeria’s governance structure, and the Court found no evidence of discriminatory intent or effect in the current geopolitical arrangement.
  3. The mere creation of an additional state does not necessarily guarantee development outcomes, and the Applicant failed to establish a causal link between the absence of a sixth state and alleged violations of the right to development.

The Court therefore concluded that the Respondent State had not violated its obligations under Article 19 or Article 22 of the African Charter on Human and Peoples’ Rights, nor under Article 26 of the International Covenant on Civil and Political Rights.

Composition of the Court

The judgment was delivered by a panel comprising:

  • Honourable Justice Dupe Atoki, Presiding
  • Honourable Justice Gbéri-Bè Ouattara, Member
  • Honourable Justice Edward Amoako Asante, Judge Rapporteur