The ECOWAS Court has objects Nigeria’s preliminary doubt to the court’s jurisdiction to determine a human rights violation case involving a Nigerian man on death row for 30 years. Vincent Ogueri is a 72-year-old inmate in a Nigerian maximum security prison remanded for killing a police constable in 1990 and also killing a former member of the State Executive Council and the Orlu senatorial candidate of All Nigeria Peoples Party (ANPP), Ogbonnaya Uche alias OGB. Delivering the ruling on Thursday in Abuja, Justice Edward Asante dismissed all the preliminary objections raised by Nigeria challenging the court’s jurisdiction to entertain the case involving Ogueri.
The court held that it had jurisdiction over the matter, noting that the case raised allegations of human rights violations, which fall under its purview according to Article 9(4) of the Court’s Protocol.
It also rejected Nigeria’s submission that the case was statute barred.
The court held that the three-year time limitation spelt out in Article 9(3) of the Court’s Protocol applied only to cases of extra-contractual liability involving the ECOWAS Community itself, not human rights claims against Member States.
It further held that, although it was not an appellate court to review national courts’ decisions, the court had jurisdiction to determine whether the alleged ill-treatment of Ogueri while in prison breached Nigeria’s international obligations under the African Charter.
The court, however, ruled that the two NGOs that filed the case ECW/CCJ/APP/13/21, Centre for Peace and Conflict Management in Africa and Rethink Africa Foundation, lacked the legal capacity to bring the case before it.
It explained that the organizations both failed to demonstrate sufficient connection or representative authority to file it; therefore struck them off the case, leaving Ogueri as the sole applicant.
The two NGOs, who described themselves as the first applicants in the case, claimed that Ogueri, the second applicant’s prolonged incarceration under inhumane and degrading conditions, had caused his health to significantly deteriorate.
They sought the immediate release of Ogueri, who had spent nearly 30 years on death row, and the payment of 55 million naira compensation to him.
They alleged that Ogueri had been subjected to extreme mental torture and degrading treatment in violation of his rights under the African Charter on Human and Peoples’ Rights.
The Federal Government had also contended that the case was inadmissible and statute barred.
Following this ruling, the Court will proceed to hear the substantive case concerning Ogueri’s claims of inhuman and degrading treatment in violation of his fundamental rights.
The three-member panel was comprised of Justice Ricardo Gonçalves and Justice Dupe Atoki as member.
This decision marks a significant step in the Community Court of Justice’s role in upholding human rights standards and addressing alleged human rights violations within its Member States.