ECOWAS COURT DECLARES CASE OF PATRICK EHOLOR INADMISSIBLE

The ECOWAS Court of Justice, On 14th February 2025, delivered its judgment in the case of Patrick Eholor v. The Federal Republic of Nigeria (ECW/CCJ/APP/71/21). The Court declared the case inadmissible, finding that the Applicant, Patrick Eholor, President of One Love Foundation, failed to provide proof of authorization to represent the victims in this matter.

The case involved serious allegations of human rights violations, specifically the brutalization and killing of peaceful protesters by Nigerian security forces during the 20th October 2020 protests at the Lekki Toll Gate in Lagos State.

The Applicant, acting on behalf of members of his NGO and the families of deceased individuals, alleged that Nigerian security forces, including the Army, opened fire on unarmed protesters during a peaceful demonstration against police brutality, specifically the Special Anti-Robbery Squad (SARS). The Applicant sought compensation, including $1 billion for the families of the deceased and monetary damages for the victims of human rights violations. The defense by the Respondent, the Federal Republic of Nigeria, denied these allegations, claiming that the protests turned violent, and the actions of security forces were in accordance with the rules of engagement.

In the judgment delivered by Justice Dupe Atoki, Judge Rapporteur, the Court declared it has jurisdiction to hear the case in line with Article 9(4) of the ECOWAS Supplementary Protocol of 2005, which grants the Court the authority to adjudicate on violations of human rights.

The Court examined the admissibility of the case, noting that the Applicant was suing on behalf of victims who had allegedly been brutalized or killed. The Court highlighted that for such a representative action to be admissible, the Applicant must provide proof of authorization from the victims or their families. Despite the Applicant’s claims, the Court found that no proof of such authorization had been submitted. As a result, the Court ruled that the case is inadmissible, stating that the Applicant lacked the capacity to represent the victims in the absence of proper authorization. The three-member panel of the Court were Honourable Justice Ricardo Cláudio Monteiro Gonçalves (presiding judge), Honourable Justice Sengu Mohamed Koroma (Panel member), and Honourable Justice Dupe Atoki (Judge Rapporteur).