The Community Court of Justice of the Economic Community of West African States (ECOWAS Court) has ruled that it has jurisdiction to hear a human rights case brought against the Federal Republic of Nigeria by a Delta State death row inmate, Mr. Orikri Rhahor.
The Certified True Copy of the ruling, released officially by the Registry of the ECOWAS Court on June 17, 2026, reveals that the Court had earlier delivered its ruling virtually on May 18, 2026 in Suit No. ECW/CCJ/APP/34/25.
In the ruling, the regional court dismissed the Federal Republic of Nigeria’s preliminary objection challenging the Court’s jurisdiction and held that the application was admissible for determination on its merits.
Mr. Rhahor, a Nigerian citizen currently on death row at the Warri Medium Security Custodial Centre in Delta State, filed a suit through his counsel, Andrew Elekeokwuri Esq., before the ECOWAS Court, alleging violations of his fundamental human rights arising from criminal proceedings at the Delta State High Court.
According to the application, he was convicted and sentenced to death by hanging on July 10, 2024 in Criminal Case No. EHC/35C/2020 by Justice Michael Nduka Obi of the High Court of Delta State, Effurun Judicial Division.
The applicant contended that his conviction and death sentence violated his rights to a fair hearing, personal liberty, human dignity, and protection from inhuman and degrading treatment.
He further alleged that the trial court relied substantially on unchallenged prosecution evidence and failed to adequately consider and evaluate his defence before reaching its verdict.
According to court records, the originating application was filed on July 17, 2025, while the Federal Republic of Nigeria subsequently filed a defence and preliminary objection challenging the competence of the ECOWAS Court to entertain the matter.
The respondent argued that the case arose from domestic criminal proceedings and that the ECOWAS Court was neither an appellate court nor vested with criminal jurisdiction.
However, the ECOWAS Court reaffirmed its established jurisprudence that it possesses jurisdiction to hear cases alleging violations of human rights, regardless of whether the alleged violations stem from decisions of national courts.
The Court emphasized that while it cannot sit as an appellate body over domestic courts, it retains the authority to examine whether actions or decisions of national authorities, including judicial decisions, result in violations of internationally protected human rights.
The three-member panel, presided over by Justice Ricardo Cláudio Monteiro Gonçalves, held that the applicant’s claims were fundamentally grounded in allegations of human rights violations protected under the African Charter on Human and Peoples’ Rights, the International Covenant on Civil and Political Rights (ICCPR), and other international instruments binding on Nigeria.
The Court further held that the requirements for invoking its human rights jurisdiction under Article 9(4) of the Supplementary Protocol had been satisfied and that the application was not manifestly inadmissible.
Consequently, the Court declared that it has jurisdiction to examine the application and formally admitted the case for substantive hearing.
“In the instant case, since the Applicant has identified himself as a victim of a human rights violation, and there is no evidence that the same case has been heard before another competent international court, the Court finds that the application is not manifestly inadmissible under Article 10(4) of the Supplementary Act A/SA.1/12/25 on the court, cited above, nor for nay other ground. The action must therefore be declared admissible,” it ruled.
On the issue of jurisdiction, the court held that it had the authority to hear the matter, stating that it was competent “to examine the application” and accordingly ruled the application as “admissible.”
It further declared that “subject to the Rules of the Court, the application will be considered on the merits”.
“The decision on the costs of the proceedings will be taken in the judgement on the merits of the case,” it added.
The ruling does not determine the merits of the applicant’s allegations or the validity of his conviction.
Instead, it clears the way for the ECOWAS Court to proceed to consider whether the alleged violations occurred and whether Nigeria may be liable for any breach of its international human rights obligations.
Mr. Rhahor is seeking declarations that his trial and conviction violated his fundamental rights, an order for his release, and damages amounting to USD 50 million for the alleged violations.
The Federal Republic of Nigeria has denied the allegations and urged the Court to dismiss the action.
With the preliminary jurisdictional challenge now resolved, attention will turn to the substantive hearing of the case, which could have significant implications for the protection of fair trial rights and the scope of ECOWAS Court oversight of human rights complaints arising from domestic judicial proceedings in member states.
(SaharaReporters)
