ECOWAS Court rejects suit for 6th South-East state

March 19, 2025

The ECOWAS Court has dismissed a suit filed by a Non-Governmental Organisation (NGO) against Nigeria over the non-creation of a sixth state in the South-East geopolitical zone, unlike other zones.

The case was brought by the Incorporated Trustees of the Prince and Princess Charles Offokaja Foundation under suit number ECW/CCJ/APP/32/23.

The NGO argued that Nigeria’s failure to establish a sixth state in the South-East geopolitical zone was discriminatory towards its people and undermined the country’s geopolitical structure.

In delivering judgment, the ECOWAS Court ruled that the creation of states within the Federal Republic of Nigeria falls under the constitutional prerogative of the country.

The court unanimously dismissed the application, emphasising that Nigeria’s decision not to create an additional state in the South-East did not violate its obligations under regional and international human rights instruments.

Presiding Judge, Justice Dupe Atoki, further stated that the South-East zone had adequate representation within Nigeria’s governance structure, and there was no evidence of discriminatory intent or effect in the current geopolitical arrangement.

She added that the mere creation of an additional state does not necessarily guarantee developmental outcomes, as the applicant had claimed.

The court also noted that the applicant 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 stated.

The applicant, registered under Nigerian law, had filed the suit under Article 19 of the African Charter on Human and Peoples’ Rights and Article 26 of the International Covenant on Civil and Political Rights.

The NGO further argued that the alleged imbalance deprived the South-East of developmental benefits, including infrastructure, revenue allocations, and employment opportunities, in violation of Article 22 of the African Charter.

A second applicant, a Switzerland-based non-governmental organisation, was earlier removed from the proceedings due to a lack of jurisdictional basis.

The three-member panel, presided over by Justice Atoki, also included Justice Edward Asante as Judge Rapporteur and Justice Gbéri-Bè Ouattara as a member. (NAN)