The ECOWAS Court has dismissed a lawsuit filed by a Non-Governmental Organisation (NGO) against Nigeria regarding the failure to establish a sixth state in the South-East geopolitical zone, unlike other regions.
The case was brought by the Incorporated Trustees of the Prince and Princess Charles Offokaja Foundation under suit number ECW/CCJ/APP/32/23.
The NGO contended that Nigeria’s failure to create a sixth state in the South-East was discriminatory towards its people and undermined the country’s geopolitical integrity.
In delivering its judgement, the ECOWAS Court ruled that the creation of states within the Federal Republic of Nigeria is a constitutional prerogative of the nation.
The court unanimously dismissed the application, asserting that Nigeria’s decision not to create an additional state in the South-East did not breach its obligations under regional and international human rights instruments.
Presiding Judge, Justice Dupe Atoki, further remarked that the South-East zone is adequately represented within Nigeria’s governance framework, and there was no evidence of discriminatory intent or effect in the existing geopolitical configuration.
She noted that merely creating an additional state does not inevitably lead to developmental benefits, contrary to the applicant’s assertions.
The court also observed that the applicant failed to establish a causal link between the absence of a sixth state and the claimed violations of the right to development.
“The Respondent State has not breached its obligations under Article 19 or Article 22 of the African Charter on Human and Peoples’ Rights, nor under Article 26 of the International Covenant on Civil and Political Rights,” the court stated.
The applicant, registered under Nigerian law, had filed the suit under Article 19 of the African Charter on Human and Peoples’ Rights and Article 26 of the International Covenant on Civil and Political Rights.
The NGO further contended that this alleged imbalance deprived the South-East of developmental opportunities, including infrastructure, revenue allocations, and employment, in violation of Article 22 of the African Charter.
A second applicant, a Switzerland-based NGO, was removed from the proceedings due to a lack of jurisdictional grounds.
The three-member panel, presided over by Justice Atoki, included Justice Edward Asante as Judge Rapporteur and Justice Gbéri-Bè Ouattara as a member.
