The ECOWAS Court of Justice has dismissed a human rights violation lawsuit filed by Patrick Eholor on behalf of Makia Media Limited against the Nigerian government, citing insufficient grounds and a lack of legal standing.
Eholor claimed that Nigeria’s broadcasting laws infringed on the rights of social media users, activists, journalists, and bloggers. However, the court ruled the case inadmissible, stating it did not meet the criteria for a public interest suit (‘actio popularis’) or a representational suit.
Delivering the judgment, Justice Sengu Koroma, along with Justices Ricardo Gonçalves and Dupe Atoki, noted that the applicant failed to prove the suit was for public benefit or that he had the authority to represent Makia Media Limited.
The court acknowledged its jurisdiction over cases involving alleged human rights violations but found that Eholor’s claims did not meet the necessary legal requirements.
Key Allegations and Rejections
Eholor argued that provisions of the Nigerian Broadcasting Code were inconsistent with international human rights treaties, claiming they allowed the government to suppress freedom of expression. He accused the Nigeria Broadcasting Commission (NBC) of implementing repressive measures, including arbitrary arrests and denial of access to public information.
Nigeria denied the allegations, asserting that the NBC Code had not been declared illegal by any court and that the applicant’s rights had not been infringed. The government also contended that Eholor, as a corporate representative, lacked the legal capacity to file the suit.
Court Orders Costs
While dismissing the suit, the court criticized Nigeria for procedural delays and ordered the government to pay an interlocutory cost of ₦250,000 to the applicant.
The judgment reinforces the court’s strict criteria for public interest litigation while highlighting procedural shortcomings in the case.