The ECOWAS Court, in a ruling on March 14, 2024, has dismissed an application brought forth by two non-governmental organizations (NGOs). The application sought to compel the Federal Republic of Nigeria to support Haiti’s request for admission into the African Union. The Court’s decision was based on its determination that it lacked jurisdiction to hear the matter, as the alleged violation occurred outside the ECOWAS sub-region.
The application, filed on November 24, 2022, by The Incorporated Trustees of Prince and Princess Charles Offokaja Foundation, Nigeria, and Prince and Princess Charles Offokaja Foundation, Switzerland, claimed that Nigeria’s failure to support Haiti’s 2016 request for AU membership infringed upon the rights to development of persons of African descent, particularly those in Haiti.
Justice Dupe Atoki, delivering the judgment, stated that the Court’s jurisdiction does not extend to matters occurring outside the ECOWAS sub-region. Both parties were directed to bear their respective costs of litigation.
Mr. Charles Offokaja, representing the NGOs, argued that Haiti’s AU membership could have averted its economic crisis and facilitated development for Afro-American individuals and peoples, enhancing their participation in AU affairs, including the African Continental Free Trade Area (AfCFTA).
In response, Mrs. Maimuna Lami Shiru, lead counsel for Nigeria, challenged the Court’s competence to adjudicate matters involving non-citizens of the ECOWAS Community. She contended that the Court’s protocol was not followed in the NGOs’ pleadings and emphasized that the ECOWAS Court lacked jurisdiction over matters beyond the ECOWAS sub-region.
The Court concurred with Mrs. Shiru’s arguments, noting that while human rights violations were alleged, they did not occur within an ECOWAS Member State as stipulated by the Court’s protocol. Consequently, the case was dismissed due to lack of jurisdiction.
The panel, comprising Justices Edward Amoako Asante (presiding) and Sengu Mohamed Koroma (member), delivered the ruling.
