JUDGMENT DELIVERED IN THE CASE OF DOROTHY BEBE V. FEDERAL REPUBLIC OF NIGERIA

ABUJA, 4 April 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/48/23, concerning allegations of human rights violations related to sexual violence, reproductive rights, and access to justice.

Background

The Applicant, Ms. Dorothy Bebe, a Nigerian citizen from Benue State, filed a lawsuit against the Federal Republic of Nigeria, citing violations of her fundamental human rights. The case arose from an incident in which Ms. Bebe, a minor at the time, was sexually assaulted in Abuja by an individual named Emmanuel. As a result of the assault, she became pregnant and was unable to access safe abortion services due to Nigeria’s legal framework, which criminalizes abortion in almost all circumstances.

Ms. Bebe also alleged that her attempt to seek justice through law enforcement was met with victim-blaming and inaction. She claimed that the lack of access to legal, medical, and psychological support exacerbated her suffering, leading to long-term social stigma and economic hardship.

Key Findings

In its reasoned judgment, the Court determined that:

  1. On Jurisdiction: The Court rejected Nigeria’s objection regarding its jurisdiction, affirming its competence to hear the case as it involved alleged human rights violations.
  2. On Admissibility: The case was deemed admissible since Ms. Bebe was clearly identified as the victim, and no parallel case was pending before another international body.
  3. On Merits: The Court acknowledged the evolving international human rights standards related to the right to health, including reproductive rights. It examined Nigeria’s obligations under various human rights instruments, particularly the Maputo Protocol, which guarantees access to safe abortion in cases of rape, incest, and health risks.

The Court found that ECOWAS jurisprudence requires concrete proof to substantiate claims of human rights violations. In line with SERAP v. Nigeria and Peter David v. Nigeria, it reaffirmed that general allegations are insufficient. Although Nigeria’s abortion framework contradicts Article 14(2)(c) of the Maputo Protocol, the Applicant failed to provide credible evidence demonstrating that the State actively denied her access to safe abortion or medical care.

Key Rulings

The Court ruled that:

  1. The violation of the Applicant’s right to health by the Respondent, as provided under Article 16 of the African Charter, has not been established.
  2. The violation of the right to the Protection of the Family, the Rights of Women, the Elderly, and Persons with Disabilities by the Respondent, as provided under Article 18 of the African Charter; Article 14(2)(c) of the Maputo Protocol; and Articles 4, 16, and 27 of the African Charter on the Rights and Welfare of the Child, has not been established.

Composition of the Court

The judgment was delivered by a panel comprising:

  • Honourable Justice Ricardo Cláudio Monteiro Gonçalves, Presiding Judge and Judge Rapporteur
  • Honourable Justice Sengu Mohamed Koroma, Member
  • Honourable Justice Gberi-Bè Ouattara, Member

The full text of the judgment is available on the Court’s official website.