ECOWAS court cancels suit for creation of 6th state in Southeast Nigeria
The Economic Community of West African States (ECOWAS) Court has dismissed a lawsuit filed against Nigeria over the non-creation of a sixth state in the Southeast geopolitical zone, unlike other regions.
The lawsuit, which was filed by a non-governmental organisation (NGO), Incorporated Trustees of the Prince and Princess Charles Offokaja Foundation, under suit number ECW/CCJ/APP/32/23, argued that Nigeria’s failure to establish a sixth state in the South-East was discriminatory, News Agency of Nigeria (NAN) reports
The NGO claimed this omission undermined the country’s geopolitical structure and deprived the region of developmental benefits, including infrastructure, revenue allocations, and employment opportunities.
In its ruling, the ECOWAS Court stated that creating states within Nigeria was constitutional under the country’s prerogative. The court unanimously dismissed the application, ruling that Nigeria’s decision did not breach regional or international human rights obligations.
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Presiding Judge Justice Dupe Atoki noted that the Southeast zone had adequate representation in Nigeria’s governance structure.
She stated, “The mere creation of an additional state does not necessarily guarantee developmental outcomes, as the applicant had claimed.”
The court also pointed out that the applicant failed to establish a causal link between the absence of a sixth state and the alleged violation of the right to development.
It ruled, “The respondent state has not breached its obligations under Article 19 or Article 22 of the African Charter on Human and Peoples’ Rights nor under Article 26 of the International Covenant on Civil and Political Rights.”
The NGO had filed the suit under Article 19 of the African Charter on Human and Peoples’ Rights and Article 26 of the International Covenant on Civil and Political Rights. It argued that the alleged imbalance violated Article 22 of the African Charter.
Additionally, a second applicant, a Switzerland-based NGO, was earlier removed from the proceedings due to a lack of jurisdictional basis.
The three-member panel of the ECOWAS Court was presided over by Justice Dupe Atoki, with Justice Edward Asante serving as judge rapporteur and Justice Gbéri-Bè Ouattara as a member.
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