Falana Sues Nigeria Over Alleged Rights Violations

Human rights lawyer and Senior Advocate of Nigeria, Femi Falana, has filed a suit before the Community Court of Justice of the Economic Community of West African States (ECOWAS) over alleged violations of his fundamental rights during successive military administrations.

The case, numbered ECW/CCJ/APP/30/2026, was filed at the ECOWAS Court in Abuja. Falana is asking the court to examine a series of alleged violations involving his personal liberty, dignity, fair hearing, property and freedom of movement between the 1980s and 1990s.

Falana, who was called to the Nigerian Bar in 1982, has been involved in human rights and public accountability activities for several decades.

In his application, he recalled his experience during the National Youth Service Corps programme in Oyo State between 1982 and 1983. He said he represented University of Ibadan students who were facing conspiracy and attempted murder charges and later had his NYSC discharge certificate withheld by authorities. The case involving the students was eventually resolved in their favour.

Falana also alleged that armed officials of the then National Security Organisation arrested him at the Lagos State High Court on June 8, 1985. According to his account, the officials searched his chambers without a warrant before taking him to an NSO detention facility on Awolowo Road, Ikoyi, where he spent about seven weeks.

He subsequently appeared before the Justice Samson Uwaifo Panel, which was established to examine cases involving detention. Falana, however, alleged that the explanation provided by security authorities concerning his detention was inaccurate.

The application also contains an account of an alleged abduction in April 1990. Falana claimed that State Security Service officials took him from his Lagos residence, drove him towards the Lagos-Epe road and abandoned him in a bush. He said the SSS denied responsibility for the incident and that the military authorities did not approve his request for an investigation.

Another incident cited in the case occurred in October 1991, when Falana alleged that the SSS stopped him from travelling to Harare, Zimbabwe, for a human rights conference. He claimed that his international passport was seized and retained for six months.

Falana further recalled his arrest in May 1992 alongside Dr Beko Ransome-Kuti and Baba Omojola. He said the three were later taken to Kuje and detained over allegations of conspiracy and treasonable felony.

According to the application, a fundamental rights case led to an order for Falana’s release, but the military authorities did not initially comply with the order. He and the other detainees were later arraigned before a Chief Magistrate Court and granted bail.

The suit also refers to findings attributed to the United Nations Working Group on Arbitrary Detention and reports by Amnesty International concerning some of the arrests and detentions.

Falana said he was also arrested following protests against the annulment of the June 12, 1993 presidential election. He alleged that he, Chief Gani Fawehinmi and Dr Beko Ransome-Kuti were prosecuted on allegations including conspiracy, sedition and incitement after publicly opposing the annulment.

He further claimed that court orders granting bail were initially ignored and that the three men remained in detention until their release in August 1993.

The application lists additional alleged arrests and detentions between 1994 and 1998. These include incidents connected with Falana’s return from international human rights engagements, his advocacy over the trial of Ken Saro-Wiwa and other members of the Movement for the Survival of the Ogoni People, as well as his participation in labour and human rights activities.

In one case, Falana alleged that he and nine others were arrested in March 1998 after he delivered a paper at a labour workshop. They were charged with conspiracy and unlawful assembly before a Chief Magistrate Court in Ilorin, but the case was later abandoned and struck out for lack of diligent prosecution.

The suit also refers to former military President Ibrahim Babangida’s memoir, A Journey in Service, published in February 2025. Falana said Babangida’s account acknowledged that MKO Abiola won the June 12, 1993 presidential election.

He argued that the acknowledgement was relevant because he and other activists had previously been arrested and prosecuted for challenging the annulment and publicly supporting the election result.

Falana further argued that no apology or other form of effective redress had been provided for the arrests, detention and prosecution linked to his opposition to the annulment. The application also mentions President Bola Tinubu’s attendance at the presentation of Babangida’s memoir and alleges that the Federal Government has not provided a remedy for the violations claimed.

Falana is asking the ECOWAS Court to declare several of his arrests between 1985 and 1996 unlawful and unconstitutional. He is also seeking declarations concerning the alleged 1990 abduction, his detention at various security and correctional facilities, the restriction of his movement in 1991 and the alleged seizure of his NYSC certificate and international passport.

Other reliefs sought include declarations concerning his 1992 arraignment before the Chief Magistrate Court in Gwagwalada over conspiracy and treasonable felony allegations and his 1993 arraignment before the Chief Magistrate Court in Wuse over allegations including conspiracy, sedition and unlawful assembly.

Falana is also seeking $10 million in damages over the alleged violations of his rights to dignity, personal liberty, fair hearing, property and freedom of movement by Nigerian authorities.

The allegations contained in the application remain subject to determination by the ECOWAS Court.