Falana Sues Nigeria at ECOWAS Court, Seeks $10m Over Rights Abuses

Human rights lawyer and Senior Advocate of Nigeria, Femi Falana, has taken the Federal Republic of Nigeria before the ECOWAS Community Court of Justice.

Falana is seeking $10 million in damages over what he says were decades of unlawful arrests, detention, restrictions on his movement and other violations of his fundamental rights.

The case, numbered ECW/CCJ/APP/30/2026, was filed in Abuja and covers a series of incidents Falana says occurred mainly between the 1980s and 1990s, during successive military administrations.

ValidViewNetwork reports that the suit does not represent a judgment against Nigeria.

Falana is asking the regional court to determine whether the actions complained of violated rights protected under the African Charter on Human and Peoples’ Rights and applicable ECOWAS legal instruments.

From NYSC dispute to detention

According to the application, Falana’s confrontation with the authorities dates back to his early years as a lawyer.

He says his first major clash occurred during his National Youth Service Corps programme in Oyo State between 1982 and 1983, after he represented University of Ibadan students facing criminal charges.

Falana alleges that the authorities withheld his NYSC discharge certificate because he represented the students without official permission.

The application cites the case of Andrew Ogor & Ors v Chief Magistrate Emmanuel Kolawole & Anor (1983) NCLR 142.

The claim then moves to June 8, 1985, when Falana says armed agents of the then National Security Organisation arrested him at the Lagos State High Court.

He alleges that the agents subsequently searched his law chambers without a warrant and found nothing incriminating.

According to his application, he was held for seven weeks at an NSO facility at Awolowo Road, Ikoyi, Lagos, before his release on August 30, 1985, following the military coup that removed General Muhammadu Buhari and brought General Ibrahim Babangida to power.

Falana alleges abduction, travel restrictionThe lawyer’s case also contains a claim of alleged abduction.

Falana says SSS officials took him from his Lagos home at about 2am on April 8, 1990, drove him towards the Lagos-Epe Road and abandoned him in a bush.

He says he eventually found his way to Epe and returned to Lagos.

The application acknowledges that the SSS denied involvement and alleges that the military government did not investigate his complaint.

Falana also alleges that the SSS stopped him from travelling to Harare, Zimbabwe, in October 1991, where he was scheduled to attend a human-rights conference.

He says his international passport was confiscated for six months and that although he could not attend, his paper was read at the conference by lawyer Olisa Agbakoba.

Arrests linked to opposition to military rule

Another major part of the case concerns Falana’s detention alongside other prominent pro-democracy activists.

The application says Falana, Dr Beko Ransome-Kuti and Baba Omojola were arrested in May 1992 after appearing at the Lagos State High Court.

They were reportedly taken to Abuja and later detained at Kuje Correctional Centre.Falana alleges that a court order directing his release was not obeyed by the military government.

The application further states that the activists were charged with conspiracy and treasonable felony over an alleged attempt to overthrow the Babangida administration.

It alleges that they were held incommunicado and prevented from engaging lawyers of their choice. Falana and Gani Fawehinmi, both lawyers and detainees in the matter, reportedly had to represent themselves and other defendants.

The case also refers to arrests following opposition to the annulment of the June 12, 1993 presidential election.

Falana alleges that he, Fawehinmi and Ransome-Kuti were arrested and charged with offences including conspiracy, sedition and incitement after publicly challenging the annulment.

The application says court orders granting bail were initially ignored and that the three remained in detention until August 1993.

More arrests through the 1990sFalana’s complaint extends beyond the Babangida years. He alleges further arrests and detention between 1994 and 1998, which he links to his human-rights activities, international advocacy, his work concerning the trial of Ken Saro-Wiwa and other Ogoni activists, as well as labour-related activities.

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One of the incidents cited occurred in March 1998, when Falana says he and nine others were arrested after he delivered a paper at a labour workshop.

They were charged with conspiracy and unlawful assembly before a Chief Magistrate Court in Ilorin.According to the application, the case was eventually abandoned and struck out for want of diligent prosecution.

Why the $10m claim matters

Falana is asking the ECOWAS Court to make several declarations concerning the alleged violations.

Among other things, he wants the court to declare that his arrests and detention were unlawful and violated his rights to personal liberty, dignity and fair hearing.

He is also asking the court to examine the alleged 1990 abduction, the 1991 travel restriction and the alleged seizure of his NYSC discharge certificate and international passport.

The suit seeks US$10 million in damages for alleged violations of his rights to dignity, liberty, fair hearing, property and freedom of movement.

The case comes amid fresh ECOWAS scrutiny of Nigeria’s rights record

Falana’s case comes months after the ECOWAS Court delivered a separate judgment concerning Nigeria’s treatment of awaiting-trial inmates.

On May 15, 2026, the court held that prolonged pre-trial detention and overcrowded correctional facilities in Nigeria violated rights protected by the African Charter, including liberty, dignity, presumption of innocence and the right to trial within a reasonable time.

The court ordered Nigeria to introduce measures including periodic judicial review of prolonged pre-trial detention and a comprehensive prison decongestion policy.

In another case in June, the ECOWAS Court found Nigeria liable for violating the rights of journalist Jide Oyekunle during the August 2024 #EndBadGovernance protest in Abuja and awarded him ₦10 million in compensation.

The court found violations relating to freedom of expression, liberty, dignity and property, although it rejected his separate privacy claim for insufficient evidence.

Falana’s new suit is therefore not itself a finding that the allegations against Nigeria are established. The court will have to consider the evidence and determine whether the alleged conduct violated the rights relied upon in the application.

The immediate issue before the ECOWAS Court is not whether Falana was arrested or detained in the past, but whether the specific acts alleged in his application amounted to violations of rights protected by the regional legal framework and, if so, what remedy should follow. ValidViewNetwork reports.