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Falana drags Nigeria to ECOWAS Court over rights violations

Femi Falana

Human rights lawyer and Senior Advocate of Nigeria,Femi Falana, has instituted a suit against the Federal Republic of Nigeria before the ECOWAS Court of Justice, alleging a prolonged pattern of human rights violations spanning the 1980s and 1990s.

In the suit marked ECW/CCJ/APP/30/2026 and filed in Abuja, Falana is asking the court to hold Nigeria accountable for what he described as unlawful arrests, prolonged detentions, restrictions on his freedom of movement and other breaches of his fundamental rights under the African Charter on Human and Peoples’ Rights.

According to the application, Falana claims that his rights to personal liberty, the dignity of the human person, a fair hearing, property, and freedom of movement were repeatedly violated by several military administrations.

He traced the dispute to his National Youth Service year between 1982 and 1983, when he defended University of Ibadan students charged with conspiracy and attempted murder.

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He alleged that the authorities withheld his NYSC discharge certificate because of his involvement in the case, even though the students eventually won in court.

Falana further alleged that on June 8, 1985, he was arrested by armed operatives of the defunct National Security Organisation at the Lagos State High Court, taken to his chambers for a search without a warrant and subsequently detained for seven weeks at a facility in Ikoyi.

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The application also cited an alleged abduction in April 1990, when he was reportedly taken from his Lagos residence by security operatives and abandoned along the Lagos-Epe Road.

He claimed that efforts to secure an investigation into the incident were rejected by the military authorities.

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In another instance, Falana alleged that in October 1991, the State Security Service prevented him from travelling to Zimbabwe for a human rights conference and confiscated his international passport for six months.

He further recounted his arrest in May 1992 alongside Beko Ransome-Kuti and others, their detention at Kuje Correctional Centre, and subsequent arraignment on allegations of conspiracy and treasonable felony. He maintained that a court order directing his release was not complied with by the authorities.

The suit also referenced his arrest following protests against the annulment of the June 12, 1993, presidential election, during which he, Gani Fawehinmi and others were charged with offences including sedition. He alleged that bail orders were initially ignored.

Falana said further arrests and detentions occurred between 1994 and 1998 in connection with his human rights activities, including advocacy over the trial of Ken Saro-Wiwa and labour-related engagements.

He argued that despite later acknowledgements, including claims in former military President Ibrahim Babangida’s memoir that Moshood Abiola won the June 12 election, no apology or redress has been provided for the alleged violations.

Falana is seeking declarations that the actions of Nigerian authorities were unlawful and unconstitutional, as well as $10 million in damages for the alleged breaches.

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