Mark Longyen
The ECOWAS Court on Thursday dismissed a suit filed by a Nigerian woman, Lovina Adonor, seeking to compel the Federal Government to pay her reparation for the destruction of her shrine.
Adonor, a self-acclaimed priestess, filed the suit marked ECW/CCJ/APP/61/22 to enforce her fundamental human rights against Nigeria.
In her submission, Adonor claimed that her shrine was attacked and vandalised by some private individuals, forcing her to flee the community due to threats to her life.
She also alleged that the Nigerian government failed to provide adequate protection, investigate her complaints, or address the destruction of her religious materials and property.
According to the applicant, the incident was tantamount to violating her right to propagate her religion, the right to security, and the right to own property without discrimination.
She argued that such violated rights were encapsulated under ECOWAS essential texts and international human rights instruments, including the African Charter on Human and Peoples’ Rights (ACHPR).
Delivering judgment, however, Justice Sengu Koroma, the Judge Rapporteur, declined to grant the applicant’s prayer for any reparations or order for perpetual injunction against the respondent.
The court held that Adonor failed to establish a direct connection between the alleged violation of her rights and the Nigerian government or its agents.
The court further held that Nigeria had adequately investigated the complaints. The individuals responsible for the alleged acts were private citizens who had been detained and later released after due process.
“Additionally, the Applicant’s claims under Articles 3, 6, 12, 14, and 21 of the ACHPR are dismissed for lack of facts sufficient and evidence to warrant the relief sought thereunder.
“Furthermore, the National laws, such as Section 43 of the Nigerian Constitution, are outside of the Court’s competence,” the court said.
After reviewing both parties’ submissions, the court affirmed its jurisdiction to entertain the suit because the case pertained to alleged human rights violations within an ECOWAS member state.
It added that the application was admissible because the Applicant had sufficiently demonstrated her victim status and met the necessary procedural requirements.
The three-member panel of the court, which includes Justices Ricardo Gonçalves (presiding), Sengu Koroma (rapporteur), and Edward Asante (member), ordered that both parties bear their own costs.
