ECOWAS court dismisses Nigeria’s objection, assumes jurisdiction in Maishanu’s ₦5bn rights violation suit
ECOWAS Court Affirms Jurisdiction in Human Rights Case Against Nigeria
The ECOWAS Community Court of Justice has affirmed its authority to hear a significant human rights case filed by activist Musa Ali Maishanu against the Federal Government of Nigeria. This ruling sets the stage for a comprehensive hearing on the matter.
In a decision delivered via virtual proceedings on January 30, 2026, the court rejected Nigeria’s preliminary objection regarding its jurisdiction over the case. The ruling, documented as Application No. ECW/CCJ/APP/11/25 (Ruling No. ECW/CCJ/RUL/01/26), deemed the application admissible.
The three-member panel, led by Justice Ricardo Cláudio Monteiro Gonçalves and joined by Justices Sengu Mohamed Koroma and Edward Amoako Asante, found that the mere allegation of human rights violations is sufficient to invoke the court’s jurisdiction under Article 9(4) of the ECOWAS Court Protocol, as amended.
Maishanu, who resides in Adamawa State and serves as the Regional Coordinator for the Global Pan-Africanism Network (G-PAN) in Nigeria’s North-East, claims he was unlawfully arrested on October 18, 2022, by agents of the Department of State Services (DSS) in Gombe State. He alleges that he faced degrading treatment during his detention and was later prosecuted on charges of criminal intimidation and conspiracy.
According to the application, Maishanu was presented before a Gombe court on October 21, 2022. He was granted bail on October 26, 2022, and ultimately received relief on July 15, 2024, when the Gombe State High Court lifted restrictions imposed on him. He contends that the actions taken against him were malicious and infringed upon his rights to personal liberty, dignity, and freedom of movement.
Maishanu seeks ₦5 billion in general damages for what he claims was unlawful arrest, detention, and torture, along with ₦100 million in special damages for alleged malicious prosecution. He is also requesting a public apology from the Nigerian government, in addition to any other relief deemed appropriate by the court.
The Federal Government, represented by counsel Maimuna Lami Shiru, has denied all allegations, maintaining that Maishanu’s arrest and prosecution were lawful and in compliance with Nigerian law. The government asserts that the matter is criminal in nature and falls solely within the jurisdiction of domestic courts.
Additionally, the government argued that the ECOWAS Court lacked jurisdiction, asserting that the claims did not pertain to enforceable human rights violations under Nigeria’s Constitution or relevant international laws.
In its analysis, the court reiterated its established principles that jurisdiction is contingent upon the applicant’s claims and the nature of the alleged violations. It stated that once a violation of human rights is alleged within the territory of a member state, the court is authorized to assume jurisdiction without verifying the accuracy of the claims.
The judges determined that Maishanu’s assertions of unlawful arrest, detention, degrading treatment, and malicious prosecution align with the court’s human rights mandate. They further noted that there was no indication that the case had been adjudicated by any other international court, thereby meeting eligibility criteria for admissibility.
Consequently, the court has confirmed its jurisdiction to review the application and has ordered the case to move forward to a full hearing. The issue of legal costs will be addressed in the final judgment.
