 challenging Nigeria’s decision not to create a sixth state in the South-East geopolitical zone.){kind=link}
The ECOWAS Court has dismissed a suit filed by a non-governmental organization (NGO) challenging Nigeria’s decision not to create a sixth state in the South-East geopolitical zone.
The case, brought by the Incorporated Trustees of the Prince and Princess Charles Offokaja Foundation under suit number ECW/CCJ/APP/32/23, argued that the absence of a sixth state in the South-East was discriminatory and undermined the country’s geopolitical structure.
However, in its ruling, the ECOWAS Court stated that the creation of states within Nigeria is a constitutional matter solely within the country’s jurisdiction.
The judges unanimously ruled that Nigeria’s decision did not violate any regional or international human rights obligations.
Presiding Judge, Justice Dupe Atoki, emphasized that the South-East already had adequate representation in Nigeria’s governance structure and that there was no evidence of discrimination in the current arrangement.
She also pointed out that creating an additional state would not necessarily lead to the developmental benefits claimed by the applicant.
The court further noted that the NGO failed to prove a direct connection between the absence of a sixth state and 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 ruling stated.
The NGO had argued that the imbalance deprived the South-East of infrastructure, revenue allocations, and employment opportunities. However, the court found no legal basis for these claims.
Additionally, a Switzerland-based NGO that was initially part of the suit was removed from the case due to jurisdictional issues.
The three-member panel that ruled on the matter included Justice Edward Asante as judge rapporteur and Justice Gbéri-Bè Ouattara as a member, alongside Justice Atoki.