The ECOWAS Court of Justice has rejected an application by the Federal Government of Nigeria seeking a revision of its earlier judgment in favour of Mr Gregory Todd, a foreign national, over the violation of his fundamental right to freedom of movement.
In a recent ruling, the court dismissed the government’s application as lacking merit and constituting an abuse of post-judgment procedures. It reaffirmed its November 6, 2023, decision (Case No. ECW/CCJ/JUD/41/23), which found Nigeria liable for unlawfully and arbitrarily confiscating Mr Todd’s passport through the Economic and Financial Crimes Commission (EFCC).
The initial judgment had directed Nigeria to pay Mr Todd $10,000 in damages, while all other claims were dismissed.
Following the judgment, Nigeria filed for a revision under Case No. ECW/CCJ/APP/56/21/REV, citing the discovery of alleged “new facts” on 5 April 2024, in accordance with Articles 92 and 93 of the Court’s Rules.
However, the government’s submission failed to present any factual evidence. Instead, it advanced three legal arguments: that the court had exceeded its jurisdiction by recognising a foreign national’s petition under Article 10(d) of the Court’s Protocol; that it had improperly exercised appellate authority over a decision of the Federal High Court in Abuja; and that the matter was barred by the doctrine of res judicata, having allegedly been conclusively adjudicated domestically.
In its deliberation, the court reaffirmed its power to entertain revision applications under Article 27 of the Protocol (as amended), provided that new, decisive facts are discovered.
Nevertheless, the panel ruled that Nigeria’s application did not meet the threshold for admissibility, as the purported grounds were legal interpretations rather than new factual revelations.
Accordingly, the court dismissed the application and maintained that the original judgment stands.
