The ECOWAS Court has rejected a lawsuit filed by a non-governmental organization (NGO) seeking the creation of a sixth state in Nigeria’s South-East region.
The case, initiated by the Incorporated Trustees of the Prince and Princess Charles Offokaja Foundation under suit number ECW/CCJ/APP/32/23, claimed that the absence of a sixth state was discriminatory and disrupted Nigeria’s geopolitical balance.
However, in its verdict, the court ruled that the creation of states is strictly a constitutional matter under Nigeria’s jurisdiction. The judges unanimously concluded that the country’s decision did not violate any regional or international human rights agreements.
Presiding over the case, Justice Dupe Atoki stated that the South-East already had sufficient representation in Nigeria’s governance structure, and there was no evidence of discrimination. She further noted that establishing an additional state would not necessarily lead to the developmental improvements the applicant suggested.
The court also determined that the NGO failed to establish a direct link between the lack 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 declared.
The NGO had argued that the imbalance deprived the South-East of essential resources, including infrastructure, revenue allocations, and job opportunities. However, the court found no legal merit in these claims.
Additionally, a Switzerland-based NGO initially involved in the case was removed due to jurisdictional limitations.
The three-member panel presiding over the case included Justice Edward Asante as judge rapporteur, Justice Gbéri-Bè Ouattara, and Justice Atoki.
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