The ECOWAS Community Court of Justice has dismissed an application filed by the Federal Republic of Nigeria seeking a revision of its earlier judgment in the case of Gregory J. Todd v Federal Republic of Nigeria, ruling that the request lacked legal merit and constituted an abuse of the Court’s post-judgment procedures.
In its latest ruling delivered in Case No. ECW/CCJ/APP/56/21/REV, the Court rejected Nigeria’s plea to revise Judgment No. ECW/CCJ/JUD/41/23, which was issued on November 6, 2023. That original judgment found Nigeria liable for violating Mr. Gregory Todd’s right to freedom of movement after his passport was arbitrarily seized by the Economic and Financial Crimes Commission (EFCC). The Court awarded Mr. Todd $10,000 in damages.
Nigeria’s revision request, filed under Articles 92 and 93 of the Court’s Rules, claimed new facts had come to light on April 5, 2024. However, instead of presenting new factual evidence, Nigeria relied on three legal arguments:
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That the Court overstepped its authority by hearing a foreign national’s human rights complaint under Article 10(d) of its Protocol.
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That the Court improperly exercised appellate jurisdiction over Nigerian court decisions.
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That the case had already been conclusively resolved by the Federal High Court in Abuja and was thus barred by res judicata.
In its ruling, the ECOWAS Court reaffirmed its jurisdiction to hear revision applications under Article 27 of the Protocol (as amended). However, it concluded that the issues raised by Nigeria were not “new facts” but legal arguments previously addressed in the original judgment. As such, the application was declared inadmissible.
The Court held that the revision request lacked legal basis and ordered Nigeria to comply fully with the original judgment, including the payment of damages to Mr. Todd. Nigeria was also ordered to cover the legal costs incurred by the applicant in relation to the failed revision.
The ruling was delivered by a panel comprising Hon. Justice Ricardo Cláudio Monteiro Gonçalves (Presiding), Hon. Justice Gberi-be Ouattara, and Hon. Justice Edward Amoako Asante (Judge Rapporteur).
