The Community Court of Justice of the Economic Community of West African States (ECOWAS Court) has ruled that it has jurisdiction to hear a $50 million human rights lawsuit filed against the Federal Republic of Nigeria by a Delta State death row inmate, Mr. Orikri Rhahor, clearing the way for the substantive determination of the case.
A Certified True Copy of the ruling, released by the Registry of the ECOWAS Court on June 17, 2026, confirms that the decision was initially delivered virtually on May 18, 2026, in Suit No. ECW/CCJ/APP/34/25. In the ruling, the Court dismissed Nigeria’s preliminary objection challenging its jurisdiction and held that the application is admissible for hearing on its merits.
Mr. Rhahor, a Nigerian citizen currently on death row at the Warri Medium Security Custodial Centre in Delta State, filed the suit through his counsel, Andrew Elekeokwuri Esq., alleging violations of his fundamental human rights arising from criminal proceedings at the Delta State High Court.
Court records show that the applicant was convicted and sentenced to death by hanging on July 10, 2024, in Criminal Case No. EHC/35C/2020, by Justice Michael Nduka Obi of the High Court of Delta State, Effurun Judicial Division. He contends that his conviction violated his rights to fair hearing, human dignity, personal liberty, and protection from inhuman and degrading treatment.
He further alleged that the trial court relied heavily on prosecution evidence which he claims was unchallenged, and failed to properly evaluate his defence before delivering judgment.
The originating application was filed on July 17, 2025, after which the Federal Republic of Nigeria entered a defence and raised a preliminary objection, arguing that the ECOWAS Court lacked jurisdiction as the matter arose from domestic criminal proceedings and that the Court is not an appellate body over national courts.
The ECOWAS Court rejected this argument, reaffirming its settled jurisprudence that while it does not sit as an appellate court over domestic decisions, it is empowered to examine whether actions or decisions of state authorities—including judicial decisions—result in violations of internationally protected human rights.
The three-member panel, presided over by Justice Ricardo Cláudio Monteiro Gonçalves, held that the applicant’s claims were founded on alleged breaches of rights guaranteed under the African Charter on Human and Peoples’ Rights, the International Covenant on Civil and Political Rights (ICCPR), and other international instruments binding on Nigeria.
The Court further held that the requirements for invoking its human rights jurisdiction under Article 9(4) of the Supplementary Protocol had been met, and that the application was neither manifestly inadmissible nor previously determined by another competent international court.
“In the instant case, since the Applicant has identified himself as a victim of a human rights violation… the application is not manifestly inadmissible… The action must therefore be declared admissible,” the Court ruled.
It further declared that it is competent “to examine the application” and that, subject to its Rules, the case will proceed to hearing on the merits, with costs to be determined at the judgment stage.
The ruling does not address the substance of the allegations or the validity of the conviction but clears the legal threshold for the ECOWAS Court to determine whether the alleged violations occurred and whether Nigeria bears responsibility under international human rights law.
Mr. Rhahor is seeking declarations that his trial and conviction violated his fundamental rights, an order for his release, and damages amounting to $50 million for the alleged violations.
The Federal Republic of Nigeria has denied the allegations and urged the Court to dismiss the case.
With the jurisdictional challenge resolved, the matter will proceed to substantive hearing, where the ECOWAS Court will examine the alleged violations and the scope of Nigeria’s obligations under regional and international human rights instruments.