The Economic Community of West African States (ECOWAS) Court of Justice, has dismissed the case of one Priestess Lovina Amina Adonor against Nigeria for violation of her right to propagate religion, the right to security, and the right to own property without discrimination.

The court while delivering its judgment in the case of Priestess Lovina Amina Adonor v. Federal Republic of Nigeria, Application No: ECW/CCJ/APP/61/22, yesterday, dismissed the human rights violation claims by the applicant against the Federal Republic of Nigeria.

The applicant, Lovina Amina Adonor, a Nigerian citizen and self-identified Priestess, brought claims against the Federal Republic of Nigeria, citing violations of her right to propagate her religion, the right to security, and the right to own property without discrimination.

She based her claims on obligations under ECOWAS basic texts and international human rights instruments, including the African Charter on Human and Peoples’ Rights (ACHPR).

According to the applicant, her shrine was attacked and vandalised by private individuals, and she was forced to flee the community due to threats against her life.

She alleged that Nigerian authorities failed to provide adequate protection, investigate her complaints, or address the destruction of her religious materials and property.

In the judgment delivered by Justice Sengu Mohamed Koroma, Judge Rapporteur, the Court, after reviewing the submissions from both parties, affirmed its jurisdiction to hear the matter, as it pertained to alleged human rights violations within an ECOWAS Member State.

It also declared the application admissible, finding that the applicant had sufficiently demonstrated her victim status and met the necessary procedural requirements.

But the Court assessed the claims under various human rights provisions and found that the applicant failed to establish a direct connection between the alleged violations and the Nigerian government or its agents.

It argued that the respondent had taken steps to investigate the complaints, and 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 Article 3, 6, 12, 14, and 21 of the ACHPR were dismissed by the Court for lack of sufficient facts and evidence to warrant relief sought thereunder.

Furthermore, the Court found that National laws, such as Section 43 of the Nigerian Constitution were outside of the Court competence.

Given the dismissal of the applicant’s claims, the Court declined to grant reparations or an order for perpetual injunction and ruled that both parties would bear their own costs.

The three-member panel of the Court were Honourable Justice Ricardo Cláudio Monteiro Gonçalves (presiding judge), Honourable Justice Sengu Mohamed Koroma (judge rapporteur), and Honourable Justice Edward Amoako Asante (Panel member).

But in another instance, the ECOWAS Court of Justice has found Nigeria guilty of violating the rights of 26 people forcibly evicted from various communities in Lagos and Rivers States,

The three-member panel of the Court delivered the judgment yesterday in the case of Mr. Edwin Lenyie & 25 Ors. V. Federal Republic of Nigeria (Application No: ECW/CCJ/APP/34/17).

It ruled in favour of the 26 applicants forcibly evicted from various communities in Lagos and Rivers States, Nigeria for violation of Article 7 of the African Charter on Human and People’s Rights by the Federal Republic of Nigeria.

The case was brought by the applicants, who alleged that between 2004 and 2013, the Nigerian authorities forcefully evicted residents of several communities without prior notice, compensation, or alternative shelter, leaving thousands homeless.

Despite initial hearings by the National Human Rights Commission (NHRC) in 2014, the proceedings were suspended indefinitely, leaving the applicants without legal recourse.

In the judgment delivered by Koroma, the Court found that it had jurisdiction to hear the case and ruled that the applicants’ rights under Article 7 of the African Charter on Human and Peoples’ Rights (ACHPR), which guarantees the right to a fair trial and access to justice, had been violated.

The Court held that the Nigerian state failed in its duty to ensure access to legal remedies for the victims, as the NHRC hearings were never concluded, and no alternative means of redress were provided.

The Court dismissed the respondent’s objections, including its argument that the applicants should have pursued their claims in Nigerian courts. It further struck out the NHRC as a Respondent in the case, determining that the Nigerian state bears full responsibility for the actions of its agencies.

As a remedy for the rights violations, the Court awarded each of the twenty-six applicants compensation of N2 million to be paid by the Federal Republic of Nigeria, emphasising that reparations served as a means to restore justice rather than to punish the respondent. (THISDAY)