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By Mark Longyen
The ECOWAS Court has dismissed a suit filed by a Non-Governmental Organisation, NGO, against Nigeria over the non-creation of a sixth state in the South-East geopolitical zone, like other zones.
The News Agency of Nigeria (NAN) reports that the suit was filed by the Incorporated Trustees of Prince and Princess Charles Offokaja Foundation in a suit marked: ECW/CCJ/APP/32/23.
The NGO had claimed in the suit that Nigeria’s failure to create a sixth state in the Southeast geopolitical zone was discriminatory to its people and Nigeria’s geopolitical structure.
Delivering judgment, however, the community court held that the creation of states within the Federal Republic of Nigeria fell within the constitutional prerogative of the country.
The court unanimously dismissed the application, stressing that for not creating an additional state in the South-East, Nigeria did not violate its obligations under regional and international human rights instruments.
Justice Dupe Atoki, the presiding judge, further held that the South-East zone maintained sufficient representation within Nigeria’s governance structure, insisting there was no evidence of discriminatory intent or effect in the current geopolitical arrangement.
According to her, the mere creation of an additional state does not necessarily guarantee development outcomes, as claimed by the applicant.
She noted that the applicant failed to establish a causal link between the absence of a sixth state and alleged violations of the right to development.
“The Respondent State had 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 court said.
NAN reports that the applicant, registered under Nigerian law, had brought the suit pursuant to 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 had further contended that the alleged imbalance deprived the South-East zone of developmental benefits, including infrastructure, revenue allocations, and employment opportunities, which breached Article 22 of the African Charter.
A second applicant, a Switzerland-based non-governmental organization, was struck from the proceedings for lack of jurisdictional basis.
The three-member panel, which was presided by Justice Atoki, also had Justice Edward Asante as Judge Rapporteur, and Justice Gbéri-Bè Ouattara as a member(NAN)
