The ECOWAS Community Court of Justice has affirmed its jurisdiction to hear a high-profile human rights case filed against the Federal Republic of Nigeria by activist Musa Ali Maishanu, paving the way for a full trial on the merits.
In a ruling delivered virtually in open court in Abuja on January 30, 2026, under Application No. ECW/CCJ/APP/11/25 (Ruling No. ECW/CCJ/RUL/01/26), the regional court dismissed Nigeria’s preliminary objection and declared the application admissible.
The three-member panel, led by Justice Ricardo Cláudio Monteiro Gonçalves, with Justices Sengu Mohamed Koroma and Edward Amoako Asante as members, held that the mere allegation of human rights violations is sufficient to trigger the court’s jurisdiction under Article 9(4) of the ECOWAS Court Protocol, as amended.
Maishanu, a resident of Adamawa State and Regional Coordinator of the Global Pan-Africanism Network (G-PAN) in Nigeria’s North-East, alleged that operatives of the Department of State Services (DSS) unlawfully arrested him on October 18, 2022, in Gombe State.
According to his application, he was detained, subjected to degrading treatment, and later prosecuted on charges of criminal intimidation and conspiracy. He stated that he was arraigned before a Gombe court on October 21, 2022, granted bail on October 26, 2022, and only secured relief on July 15, 2024, when the High Court of Gombe State, sitting on appeal, lifted restrictions earlier imposed on him.
He contends that the arrest, detention, and prosecution were malicious and violated his rights to personal liberty, dignity, and freedom of movement.
The activist is seeking ₦5 billion in general damages for alleged unlawful arrest, detention, and torture; ₦100 million in special damages for alleged malicious prosecution; and a public apology from the Nigerian government, alongside any other relief the court may deem appropriate.
The Federal Government, through its counsel, Maimuna Lami Shiru, denied the allegations, maintaining that Maishanu’s arrest and prosecution were lawful and conducted in line with Nigerian law. The government argued that the matter was criminal in nature and fell within the exclusive jurisdiction of domestic courts.
It further contended that the ECOWAS Court lacked jurisdiction on the grounds that the claims did not amount to enforceable human rights violations under Nigeria’s Constitution or applicable international instruments.
In its ruling, the court reaffirmed its established jurisprudence that jurisdiction is determined by the applicant’s claims and the nature of the alleged violations. It stressed that once an applicant alleges human rights violations within the territory of a member state, the court is empowered to assume jurisdiction without first determining the veracity of the claims.
The panel concluded that the allegations of unlawful arrest, detention, degrading treatment, and malicious prosecution fall within its human rights mandate. It also held that there was no evidence that the matter had been adjudicated by another international court, thereby meeting admissibility requirements.
The court consequently declared the application admissible and ordered that the case proceed to substantive hearing. The issue of costs will be determined in the final judgment.
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