By Paul Joseph
Human rights lawyer and Senior Advocate of Nigeria, Femi Falana, SAN, has instituted a case against the Federal Republic of Nigeria before the ECOWAS Community Court of Justice over alleged violations of his fundamental rights spanning several military administrations.
The suit, marked ECW/CCJ/APP/30/2026, was filed in Abuja and covers a series of alleged arrests, detentions, restrictions on movement and other actions which Falana said affected his rights between the 1980s and 1990s.
Falana, who was called to the Nigerian Bar in 1982 and later served as President of the West African Bar Association, said his encounters with security authorities began during his National Youth Service period in Oyo State between 1982 and 1983.
According to the suit, he represented students of the University of Ibadan who were facing conspiracy and attempted murder charges. He alleged that his NYSC discharge certificate was subsequently withheld because of his involvement in the defence, although the case was eventually resolved in favour of the students.
Falana also alleged that armed agents of the then National Security Organisation arrested him at the Lagos State High Court on June 8, 1985, before taking him to his chambers and conducting a search without a warrant.
He said he was subsequently detained for seven weeks at the NSO facility on Awolowo Road, Ikoyi, Lagos, alongside other political detainees.
The lawyer stated that he later appeared before the Justice Samson Uwaifo Panel, which investigated detention cases, but disputed the explanation reportedly given by security authorities concerning his detention.
Falana’s application also contains allegations relating to an incident in April 1990, when he said SSS officials abducted him from his Lagos residence, took him towards the Lagos-Epe Road and abandoned him in a bush.
He alleged that although the SSS denied responsibility, his request for an investigation was rejected by the military authorities.
He further alleged that in October 1991, the State Security Service prevented him from travelling to Harare, Zimbabwe, to attend a human rights conference and seized his international passport for six months.
The case also recounts Falana’s arrest in May 1992 alongside Dr Beko Ransome-Kuti and Baba Omojola.
The trio were subsequently transferred to Kuje over allegations of conspiracy and treasonable felony.
Falana alleged that although a fundamental-rights application led to an order directing his release, the military authorities did not comply with the order at the time. The detainees were later arraigned before a Chief Magistrate Court and granted bail.
The suit further refers to Falana’s arrest following protests against the annulment of the June 12, 1993 presidential election.
He alleged that he, Chief Gani Fawehinmi, SAN, and Dr Beko Ransome-Kuti were charged with conspiracy, sedition and incitement after publicly opposing the annulment.
According to the application, court orders granting bail were initially not honoured, with the three activists remaining in detention until their release in August 1993.
Falana’s claims also cover alleged arrests and detentions between 1994 and 1998, including incidents connected with his human rights activities, campaigns over the trial of Ken Saro-Wiwa and other MOSOP leaders, as well as labour-related advocacy.
In one of the incidents, he alleged that he and nine others were arrested in March 1998 after he presented a paper at a labour workshop.
They were later charged before a Chief Magistrate Court in Ilorin with conspiracy and unlawful assembly, but the case was eventually struck out for lack of diligent prosecution.
Another aspect of the suit concerns former military President Ibrahim Babangida’s memoir, A Journey in Service, published in February 2025.
Falana argued that Babangida’s acknowledgment in the memoir that MKO Abiola won the June 12, 1993 presidential election was significant because activists, including himself, had been arrested and prosecuted for opposing the annulment and publishing the election results.
He alleged that despite the subsequent acknowledgment, there had been no apology or effective remedy for the arrests, detention and prosecution arising from their opposition to the annulment.
The application also referred to President Bola Tinubu’s attendance at the presentation of Babangida’s memoir and alleged that the Federal Government had not provided an apology or other form of redress for the violations complained of.
Falana is asking the ECOWAS Court to declare several of his alleged arrests between 1985 and 1996 unlawful and unconstitutional.
He is also seeking declarations concerning his alleged abduction in April 1990, the restriction of his movement in 1991, and the seizure of his NYSC certificate and international passport.
Other reliefs sought relate to his 1992 arraignment over conspiracy and treasonable felony and his 1993 prosecution over allegations including conspiracy, sedition and unlawful assembly.
Falana is seeking $10 million in damages over the alleged violations of his rights to dignity, personal liberty, fair hearing, property and freedom of movement.
The allegations contained in the suit remain subject to determination by the ECOWAS Community Court of Justice.
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