The ECOWAS Court has dismissed a case against Nigeria over Kudirat Abiola’s assassination, citing lack of legal capacity to sue
The Community Court of Justice, ECOWAS, has dismissed a case filed against the Federal Government of Nigeria regarding the assassination of Mrs. Kudirat Abiola, wife of the late M.K.O. Abiola, winner of the June 12, 1993, presidential election.
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The case, filed by three members of the Abiola family—Khalifa Abiola, Moriam Abiola, and Hadi Abiola—alleged that Kudirat Abiola’s fundamental human rights were violated when she was assassinated in 1996 while advocating for her husband’s release from detention.
The applicants argued that the Nigerian government failed to hold those responsible for her killing accountable, despite a commission of inquiry identifying Sergeant Barnabas Jebila as a key suspect.
Delivering the ruling on Friday, Judge Rapporteur Justice Edward Amoako Asante stated that the applicants lacked the legal capacity to sue.
The court noted that they failed to establish a direct relationship with Kudirat Abiola or present any legal mandate to act on behalf of her estate.
Although the ECOWAS Court rejected Nigeria’s objections regarding its jurisdiction, affirming its competence in human rights violation cases involving member states, it clarified that it does not serve as an appellate court for national rulings.
The court dismissed Nigeria’s claims that the matter fell beyond the scope of Article 9 of the Court’s Protocol and that the case had exceeded the time limit for legal action.
However, it ruled that the applicants had not demonstrated the legal capacity to sue on behalf of Kudirat Abiola’s estate.
A panel comprising Hon. Justice Sengu Mohamed Koroma (Presiding), Hon. Justice Gberi-bè Ouattara (Member), and Hon. Justice Edward Amoako Asante (Judge Rapporteur) delivered the ruling, declaring the case inadmissible.
