The ECOWAS Community Court of Justice has ruled that it has jurisdiction to hear a major human rights case filed by human rights activist, Musa Ali Maishanu against the Federal Republic of Nigeria, setting the stage for a full hearing on the merits of the suit.
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 challenging its jurisdiction and declared the application admissible.
The three-member panel, presided over 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 activate 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, alleges that he was unlawfully arrested on October 18, 2022, by operatives of the Department of State Services (DSS) in Gombe State.
He claims he was detained, subjected to degrading treatment, and later prosecuted on charges of criminal intimidation and conspiracy.
According to his application, he was brought before a Gombe court on October 21, 2022, granted bail on October 26, 2022, and only obtained relief on July 15, 2024, when the High Court of Gombe State, sitting on appeal, lifted restrictions imposed on him. He maintains that the arrest, detention, and prosecution were malicious and violated his rights to personal liberty, dignity, and freedom of movement.
Maishanu 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, along with any other relief the court may deem appropriate.
The Federal Government, represented by its counsel, Maimuna Lami Shiru, denied all allegations and insisted that Maishanu’s arrest and prosecution were lawful and carried out in accordance with Nigerian law. It argued that the matter was criminal in nature and fell within the exclusive jurisdiction of domestic courts.
The government also contended that the ECOWAS Court lacked jurisdiction because the claims did not constitute enforceable human rights violations under Nigeria’s Constitution or applicable international instruments.
In its analysis, the court reiterated its established jurisprudence that jurisdiction is determined by the applicant’s claims and the nature of the alleged violations. It emphasized that once an applicant alleges a violation of human rights occurring within the territory of a member state, the court is empowered to assume jurisdiction without first determining the truth of the allegations.
The judges concluded that Maishanu’s claims of unlawful arrest, detention, degrading treatment, and malicious prosecution fall squarely within the human rights mandate of the court.They further held that there was no evidence that the matter had been decided by another international court, thereby satisfying admissibility requirements.
Consequently, the court declared that it has jurisdiction to examine the application and that the suit is admissible. It ordered that the case proceed to substantive hearing, with the issue of costs to be determined in the final judgment.
Eze Chidiebere Paul
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