By Bashir Aliyu
The ECOWAS Court of Justice has dismissed a lawsuit filed by a Non-Governmental Organisation (NGO) against Nigeria over the non-creation of a sixth state in the South-East geopolitical zone. The court ruled that the creation of states is a constitutional matter within Nigeria’s sovereignty and does not violate regional or international human rights obligations.
The case, filed by the Incorporated Trustees of the Prince and Princess Charles Offokaja Foundation under suit number ECW/CCJ/APP/32/23, argued that Nigeria’s failure to establish a sixth state in the South-East was discriminatory and undermined the country’s geopolitical balance. The NGO contended that this imbalance deprived the region of developmental benefits such as infrastructure, revenue allocations, and employment opportunities, in violation of Article 22 of the African Charter on Human and Peoples’ Rights.
However, in a unanimous judgment delivered by a three-member panel, the court rejected these claims. Presiding Judge Justice Dupe Atoki stated that the South-East zone has adequate representation within Nigeria’s governance structure, and there was no evidence of discriminatory intent or effect in the current geopolitical arrangement.
Justice Atoki further emphasized that the creation of an additional state does not automatically guarantee developmental outcomes, as claimed by the applicant. The court also noted that the NGO failed to establish a causal link between the absence of a sixth state and the alleged 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 declared.
The applicant, registered under Nigerian law, had filed the suit citing Article 19 of the African Charter on Human and Peoples’ Rights and Article 26 of the International Covenant on Civil and Political Rights. A second applicant, a Switzerland-based NGO, was earlier removed from the proceedings due to a lack of jurisdictional basis.
The three-member panel, presided over by Justice Dupe Atoki, included Justice Edward Asante as Judge Rapporteur and Justice Gbéri-Bè Ouattara as a member.
The ruling reaffirms Nigeria’s constitutional authority over state creation and underscores the ECOWAS Court’s stance on the limits of its jurisdiction in matters of internal governance.
