The ECOWAS Court of Justice has ruled that the Federal Republic of Nigeria violated the fundamental human right to a fair hearing of 98-year-old Lagos resident, Mr. Kolawole O. A. Koiki, after the government failed for six years to ensure that the National Human Rights Commission (NHRC) concluded its investigation into his long-standing complaint over the military takeover of his company shares.
In a landmark judgment delivered virtually on November 17, 2025, a three-member panel held that the government’s failure to reconstitute the NHRC Governing Council between 2015 and 2021 caused an “unjustifiable and excessive delay,” breaching Koiki’s right to have his case heard within a reasonable time as guaranteed under Article 7(1)(d) of the African Charter on Human and Peoples’ Rights.
In the certified judgment (Application No. ECW/CCJ/APP/46/21; JUDG No. ECW/CCJ/JUD/45/25), obtained by SaharaReporters, the Court awarded ₦5 million in general damages to Mr. Koiki and ordered the Nigerian government to take immediate steps to ensure his pending petition before the NHRC is heard and concluded without further delay.
A Battle That Began in 1978
Koiki, who owned 216,000 out of 480,000 shares of the New Nigeria Salt Company Ltd, lost his equity in 1978 when the military government issued Decree No. 27, nationalizing the company and blocking courts from hearing any challenge to the takeover.
In 1999, he submitted his complaint to the Oputa Panel, but the panel’s report was never officially released. When the NHRC Act was amended in 2010 to give the Commission quasi-judicial powers, Koiki filed a fresh petition in 2014.
The NHRC began preliminary investigations, including a site visit to the former company, but progress stalled when the government dissolved all boards in 2015 — effectively paralyzing the Commission. The NHRC remained unable to issue decisions for six years until its Governing Council was reconstituted in 2021. By then, Koiki had already taken his case to the ECOWAS Court.
Nigeria’s Defence Rejected
The Nigerian government argued that the delay was beyond its control and that Koiki could have pursued remedies in domestic courts instead of waiting for the NHRC. It also insisted that the 1978 takeover was a matter of public policy, not a human rights violation.
However, the ECOWAS Court dismissed these arguments, stating that the case was not about revisiting the legality of the military decree but about the government’s failure to provide timely access to a competent body capable of hearing his complaint.
The judges held that Nigeria “cannot extricate itself from its own conduct,” stressing that under international law, states must structure judicial and quasi-judicial bodies in a way that guarantees citizens a fair and timely hearing.
NHRC Recognized as a Quasi-Judicial Body
In a major pronouncement, the Court affirmed that the NHRC, by virtue of its statutory powers to investigate human rights violations and award compensation, qualifies as a quasi-judicial organ whose processes are protected under the African Charter.
This ruling comes at a time when human rights advocates have repeatedly warned against the weakening of oversight institutions due to prolonged administrative delays.
A Win Arriving Late in Life
Koiki, who filed the ECOWAS case at age 94, is now nearly 100 years old. His legal team, led by human rights lawyer Femi Falana, SAN, argued that the prolonged delays increased the likelihood that he might never receive justice in his lifetime — a concern echoed by the Court.
Though Koiki sought ₦5 billion in damages, the Court awarded ₦5 million, noting that compensation in such matters aims to provide satisfaction rather than restitution for seized property.
Binding Orders and Final Decisions
Beyond the monetary award, the Court ordered the Nigerian government to take “all necessary measures” to restart and conclude the NHRC’s handling of Koiki’s petition. It reaffirmed its jurisdiction over human rights matters and declared his application fully admissible.
Each party will bear its own legal costs.