The ECOWAS Court has dismissed a lawsuit filed by a non-governmental organization (NGO) challenging Nigeria’s decision not to create a sixth state in the South-East region.
The case, initiated by the Incorporated Trustees of the Prince and Princess Charles Offokaja Foundation under suit number ECW/CCJ/APP/32/23, claimed that the lack of an additional state in the South-East was unfair and disrupted the nation’s geopolitical balance.
However, the court ruled that the establishment of states within Nigeria is strictly a constitutional matter that falls within the country’s authority. The judges unanimously decided that Nigeria’s stance did not breach any regional or international human rights laws.
Presiding over the case, Justice Dupe Atoki stated that the South-East is adequately represented within the country’s governance framework and that there was no proof of discrimination in the existing structure. She further noted that adding another state would not automatically result in the developmental improvements the applicant suggested.
The court also found that the NGO failed to establish a direct link between the absence of a sixth state and any alleged infringement on the right to development.
“The respondent state has not violated 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 ruling stated.
The NGO argued that the lack of a sixth state deprived the South-East of essential resources, infrastructure, and job opportunities. However, the court determined that these claims had no legal merit.
Furthermore, a Switzerland-based NGO that was initially involved in the case was excluded due to jurisdictional limitations.
The three-member panel presiding over the case included Justice Edward Asante as judge rapporteur and Justice Gbéri-Bè Ouattara as a member, alongside Justice Atoki.