ECOWAS Court Dismisses Nigeria’s Objection: Assumes Jurisdiction in Maishanu’s ₦5bn Human Rights Suit

 

​In a significant legal victory for human rights advocacy in West Africa, the ECOWAS Community Court of Justice has officially dismissed the Federal Republic of Nigeria's preliminary objection regarding a major lawsuit filed by activist Musa Ali Maishanu. By assuming jurisdiction, the regional court has paved the way for a full-scale examination of allegations involving unlawful arrest, detention, and torture, with the applicant seeking a staggering ₦5 billion in damages.

​The Background: Who is Musa Ali Maishanu?

​Musa Ali Maishanu is a prominent human rights activist based in Adamawa State and serves as the Regional Coordinator of the Global Pan-Africanism Network (G-PAN) for Northeast Nigeria. His legal battle with the Nigerian government stems from an incident that occurred in October 2022.

​According to court filings, Maishanu was arrested on October 18, 2022, in Gombe State by operatives of the Department of State Services (DSS). He alleges that following his arrest, he was subjected to degrading treatment and held in detention before being prosecuted on charges of criminal intimidation and conspiracy. Although he was eventually granted bail and later saw his restrictions lifted by the High Court of Gombe State in July 2024, Maishanu maintains that the entire process was a "malicious prosecution" intended to silence his activism.

​Nigeria’s Legal Defense: The "Domestic Matter" Argument

​The Federal Government of Nigeria, represented by counsel Maimuna Lami Shiru, fought hard to have the case dismissed at the preliminary stage. The government's defense rested on three primary pillars:

1. ​Jurisdiction: Nigeria argued that the matter was purely criminal and therefore fell within the exclusive jurisdiction of Nigerian domestic courts.
2. ​Nature of the Claim: The government contended that the claims did not constitute enforceable human rights violations under the Nigerian Constitution or international treaties.
3. ​Lawfulness: The DSS insisted that the arrest and subsequent prosecution were conducted in strict accordance with the laws of the land.

​The government urged the ECOWAS Court to refrain from interfering in what it termed an internal judicial matter that had already been subject to domestic court proceedings.

​The ECOWAS Court Ruling: Why It Matters

​The three-member panel, presided over by Justice Ricardo Cláudio Monteiro Gonçalves, along with Justices Sengu Mohamed Koroma and Edward Amoako Asante, delivered a landmark ruling (Ruling No. ECW/CCJ/RUL/01/26). The court emphasized that its jurisdiction is triggered the moment an applicant alleges a violation of human rights within a member state's territory.

​The court reiterated a vital principle of international law: it does not need to prove the truth of the allegations to assume jurisdiction; it only needs to establish that the nature of the claims falls under its human rights mandate as outlined in Article 9(4) of the ECOWAS Court Protocol.

​By declaring the suit admissible, the ECOWAS Court has sent a clear message that member states cannot hide behind "domestic criminal proceedings" to evade international scrutiny when fundamental rights like personal liberty and freedom from torture are at stake.

​Demands: ₦5 Billion and a Public Apology

​Musa Ali Maishanu is not taking the alleged violations lightly. His prayers to the court include:

• ​₦5 Billion in General Damages: For the physical and psychological trauma of unlawful arrest and degrading treatment.
• ​₦100 Million in Special Damages: To cover costs associated with his "malicious prosecution."
• ​A Public Apology: A formal acknowledgment of wrongdoing by the Nigerian government.
• ​Restoration of Dignity: Legal declarations that his rights to personal liberty and freedom of movement were infringed upon.

​The Bigger Picture: Police and DSS Conduct in Nigeria

​This case highlights the growing trend of Nigerian citizens seeking redress in regional courts when they feel the domestic system has failed to protect them from state actors. The DSS, in particular, has faced frequent criticism for its handling of activists and "persons of interest." The Maishanu case will likely serve as a litmus test for how much oversight the ECOWAS Court can exert over the operations of national security agencies in West Africa.

​What Happens Next?

​With the preliminary objection out of the way, the case now proceeds to a substantive hearing. This means the court will move from debating "if" it can hear the case to "what" actually happened. Witnesses may be called, and evidence of the alleged torture and degrading treatment will be presented.

​Legal experts suggest that if Maishanu succeeds, it could set a massive precedent for other activists who have faced similar treatment by security forces. It also places additional pressure on the Nigerian government to reform its security protocols to align with international human rights standards.

​Conclusion

​The ECOWAS Court’s decision to assume jurisdiction in the Maishanu vs. Nigeria suit is a victory for the rule of law. It reinforces the idea that human rights are universal and that sovereign states are accountable to the regional community. As the world watches, the upcoming full hearing will determine whether the Nigerian government will be held liable for the ₦5 billion claim and, more importantly, whether justice will be served for Musa Ali Maishanu.