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ECOWAS Court Asserts Jurisdiction in Nigerian Death Row Case

The ECOWAS Court ruled that it has jurisdiction to hear a human rights case against Nigeria concerning a death row inmate, rejecting Nigeria's preliminary objections.

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Nigeria

JusticeHuman RightsAfricaLawInternational Law

Ecowas CourtCentre For Peace And Conflict Management In AfricaRethink Africa FoundationNews Agency Of Nigeria (Nan)

Edward AsanteOgueriRicardo GonçalvesDupe Atoki

What is the significance of this ECOWAS Court decision?: This decision is significant for ECOWAS's role in upholding human rights standards within its member states. It demonstrates the court's willingness to address alleged human rights violations despite objections from member states.
What objections did Nigeria raise against the ECOWAS Court's jurisdiction?: Nigeria argued that the court lacked jurisdiction, the case was statute-barred, and that the NGOs lacked standing. The court rejected Nigeria's jurisdictional and statute-barred arguments but agreed that the NGOs lacked standing to bring the case.
What was the main ruling of the ECOWAS Court in the case involving Ogueri?: The ECOWAS Court dismissed Nigeria's objections and asserted jurisdiction over a human rights case concerning a 72-year-old Nigerian man, Ogueri, on death row for 30 years. The court found that the case, alleging human rights violations, falls under its purview.
What was the outcome regarding the involvement of the two NGOs in the case?: While the two NGOs involved were struck from the case for lacking legal standing, the case will continue with Ogueri as the sole applicant. The ECOWAS Court will now hear the merits of Ogueri's claims of inhumane and degrading treatment.
How did the court address Nigeria's argument that the case was statute-barred?: The court held that the three-year limitation in Article 9(3) of the Court's Protocol only applies to extra-contractual liability cases against ECOWAS, not human rights claims against member states. This allowed the case to proceed.

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