Kudirat Abiola
The ECOWAS Court of Justice has dismissed a lawsuit against the Federal Government of Nigeria over the assassination of Mrs. Kudirat Abiola, wife of Chief MKO Abiola, the acclaimed winner of the 1993 presidential election.
The case, identified as ECW/CCJ/APP/62/22, was filed by Khalifa Abiola, Moriam Abiola, and Hadi Abiola, who sued on behalf of themselves and the estate of the late Mrs. Abiola. They alleged that she was murdered in cold blood by gunmen in Nigeria.
According to the applicants, Kudirat Abiola was a vocal advocate for her husband’s release after he was imprisoned by the military regime of General Ibrahim Babangida, which had annulled the 1993 election. They argued that the Nigerian government failed to hold those responsible for her assassination accountable, including Sergeant Barnabas Jebila, who was named in a Commission of Inquiry report. They claimed this failure constituted a violation of her fundamental human rights under the African Charter on Human and Peoples’ Rights.
However, in its ruling on Friday, the regional court dismissed the suit, stating that the applicants failed to provide evidence proving their direct relationship with the late Mrs. Abiola. The court also noted that they did not submit any legal documentation authorizing them to sue on behalf of her estate. As a result, the court ruled that they lacked the legal standing (locus standi) to pursue the case.
Despite dismissing the suit, the court rejected the Federal Government’s objection challenging its jurisdiction over the matter. It clarified that while it does not serve as an appellate court for national judicial decisions, it has the mandate to assess whether member states comply with international human rights standards. The court reiterated that the case fell within its jurisdiction as it involved alleged human rights violations by the Nigerian government in failing to ensure justice for Kudirat Abiola’s murder.
Ultimately, the case was declared inadmissible due to the applicants’ lack of legal capacity to sue. The ruling was delivered by a panel consisting of Hon. Justice Sengu Mohamed Koroma (Presiding), Hon. Justice Gberi-bè Ouattara (Member), and Hon. Justice Edward Amoako Asante (Judge Rapporteur).
