The Community Court of Justice, ECOWAS, has dismissed a case brought by the Incorporated Trustees of Media Rights Agenda against the Federal Government of Nigeria, alleging rights violations of multiple journalists.
The case, which accused the government of failing to protect the fundamental rights of journalists who were reportedly killed by government agents, was deemed inadmissible.
In a ruling delivered by Justice Ricardo Cláudio Monteiro Gonçalves, the Judge Rapporteur, the Court asserted its jurisdiction to hear the case concerning the victims identified as Omololu Falobi, Godwin Agbroko, Abayomi Ogundeji, and Edo Sule-Ugbagwu.
However, it ruled that it lacked jurisdiction over the cases of Dele Giwa, Bolade Fasisi, and Edward Olalekan Ayo-Ojo.
“The jurisdiction of this tribunal extends to all business activities within Nigeria,” Justice Gonçalves stated.
He further clarified that the acts involving Dele Giwa, Bolade Fasisi, and Edward Olalekan Ayo-Ojo were specific and “instantaneous,” having occurred well in the past, and did not constitute continuous violations, thereby falling outside the Court’s temporal jurisdiction.
The lawsuit, filed by Media Rights Agenda, claimed that the journalists were killed between 1986 and 2010 while exercising their rights to freedom of expression and the press.
The organization argued that the Nigerian government had failed to effectively investigate, prosecute, and punish the perpetrators of these murders, violating obligations under various national, regional, and international laws.
The Federal Government, in its defense, contended that it continuously works to protect the human rights of its citizens and has established various agencies to ensure citizens’ safety and well-being.
It asserted that it had not violated any rights of the Applicant or provisions of the African Charter on Human and Peoples’ Rights.
The Court found that the allegations concerning Omololu Falobi, Godwin Agbroko, Abayomi Ogundeji, and Edo Sule-Ugbagwu fell within its temporal jurisdiction.
However, it emphasized that indirect victims must have proper authorization to access the Court and receive compensation.
The Applicant, Media Rights Agenda, lacked authorization from the victims’ relatives and thus did not have the capacity to bring the case.
“The Court cannot ensure that compensation reaches the intended recipients without proper authorization,” the judgment stated.
Consequently, the Court dismissed the action due to the Applicant’s lack of standing.
The panel for the case included Hon. Justice Gberi-bè Ouattara, presiding, and Hon. Justice Dupe Atoki, Member.
