The Community Court of Justice of the Economic Community of West African States (ECOWAS Court) has delivered a landmark judgment against the Federal Republic of Nigeria, declaring that the publication of a wanted notice against Nigerian-born United States-based activist and NGO operator, Ogechi Njaka, violated her fundamental human rights by portraying her as a criminal before any court found her guilty.
In its judgment in Case No. ECW/CCJ/APP/18/24, the regional court ruled that the wording of the wanted notice issued by Nigerian authorities unlawfully undermined Njaka’s constitutional and internationally protected right to the presumption of innocence while also violating her right to human dignity.
The suit was instituted before the ECOWAS Court by Abuja-based human rights lawyer Samuel Ihensekhien Junior, acting on behalf of Ogechi Njaka.
According to court documents, Njaka, a Nigerian residing in the United States who operates a non-governmental organisation and a Facebook matchmaking platform, alleged that she became the subject of criminal proceedings after reporting an individual over alleged defamatory social media publications.
She maintained that following a complaint reportedly lodged by one Maryam Shehu, a Nigerian security agency secured a warrant for her arrest and subsequently declared her wanted without first notifying her of the complaint or giving her an opportunity to respond.
Although the criminal case was later struck out due to lack of diligent prosecution, Njaka argued that Nigerian authorities continued to circulate and display the wanted notice, exposing her to public ridicule, reputational damage and continued humiliation despite the collapse of the prosecution.
She consequently approached the ECOWAS Court, alleging violations of her right to the presumption of innocence, human dignity, equality before the law and her right to be informed of criminal charges.
In its defence, the Federal Republic of Nigeria argued that several invitations had been extended to the Applicant for questioning but that she failed to honour them. The government further maintained that the security agency acted lawfully after obtaining an arrest warrant from the Federal High Court before issuing the wanted notice.
However, after considering the evidence before it, the ECOWAS Court affirmed its jurisdiction to entertain the matter and declared the application admissible, holding that Njaka had sufficiently established herself as an alleged victim of human rights violations and that no similar case was pending before another international tribunal.
On the substantive issues, the Court examined claims bordering on the presumption of innocence, human dignity, equality before the law and the right to be informed of criminal charges.
The Court held that the language used in the wanted publication was unlawful because it stated that Njaka had “committed” various criminal offences, thereby presenting her as already guilty instead of merely identifying her as a suspect under investigation.
According to the Court, such wording amounted to a direct violation of her right to be presumed innocent as guaranteed under Article 7(1)(b) of the African Charter on Human and Peoples’ Rights and Article 14(2) of the International Covenant on Civil and Political Rights.
The regional court further ruled that publicly portraying an individual as having committed criminal offences before any judicial determination of guilt inevitably exposes such a person to stigma, humiliation, social exclusion and reputational injury, thereby violating the right to human dignity protected under Article 5 of the African Charter.
However, the Court dismissed Njaka’s allegation that her right to equality before the law had been violated, holding that she failed to provide evidence showing she was treated differently from other persons in similar circumstances.
It also rejected her claim that she was denied the right to be informed of criminal charges, noting that she had neither been arrested nor formally arraigned and that the wanted notice itself identified the offences under investigation.
Consequently, the ECOWAS Court declared that Nigeria violated Ogechi Njaka’s rights to the presumption of innocence and human dignity but found no violation regarding equality before the law or the right to be informed of criminal charges.
As part of its binding orders, the Court directed the Federal Republic of Nigeria to immediately remove the wanted notice from the bulletin of the Nigerian Police Force and from every other medium where it had been published.
The Court further ordered the Federal Government to publish the judgment both in its Official Gazette and on the official website of the Nigerian Police Force for a continuous period of six months.
In addition, Nigeria was ordered to pay Ogechi Njaka the sum of ₦1,000,000 as compensation for the violation of her fundamental rights.
All other reliefs sought by the Applicant were dismissed.
The judgment is expected to reignite discussions on the limits of law enforcement powers in issuing public wanted notices, particularly where the language employed appears to pronounce criminal guilt before the conclusion of judicial proceedings. It also reinforces the principle that investigative agencies must respect the constitutional presumption of innocence and the dignity of every citizen, regardless of the allegations against them.