The ECOWAS Court has rejected Nigeria’s preliminary objections concerning its jurisdiction over a human rights violation case involving Ogueri, a 72-year-old Nigerian who has spent nearly 30 years on death row. In the ruling delivered by Justice Edward Asante in Abuja, the court dismissed all of Nigeria’s arguments challenging its authority to handle the case, emphasizing that the allegations of human rights abuses fall squarely within the court’s mandate under Article 9(4) of the Court’s Protocol.

Nigeria had argued that the case was barred by a three-year time limitation, but the court clarified that this restriction applies only to cases involving extra-contractual liability against the ECOWAS Community, not to human rights cases filed against Member States. The court also underscored that while it does not serve as an appellate body over national court decisions, it does have the authority to assess whether Nigeria has met its international obligations under the African Charter on Human and Peoples’ Rights, especially regarding Ogueri’s alleged mistreatment in prison.

However, the court determined that the two NGOs who filed the case, the Centre for Peace and Conflict Management in Africa and Rethink Africa Foundation, lacked sufficient standing to bring the case on Ogueri’s behalf. The organizations failed to demonstrate a direct connection or representative authority necessary to present the claim, so they were removed as applicants, leaving Ogueri as the sole petitioner.

This ruling allows the court to move forward with examining the core issue—whether Ogueri’s prolonged incarceration and alleged inhumane treatment constitute violations of his fundamental rights under the African Charter. The case, marked as ECW/CCJ/APP/13/21, was originally filed by the two NGOs, who argued that Ogueri’s nearly three decades on death row have resulted in serious health deterioration due to extreme mental distress and degrading prison conditions. They had sought his immediate release and 55 million naira in compensation for the alleged violations.