Femi Falana Sues Nigeria for $10m Over Alleged Military-Era Rights Violations

Human rights lawyer and Senior Advocate of Nigeria, Femi Falana, has taken the Federal Republic of Nigeria before the ECOWAS Community Court of Justice, seeking $10 million in damages over alleged violations of his fundamental rights during successive military administrations in the 1980s and 1990s.

The suit, marked ECW/CCJ/APP/30/2026 and filed in Abuja, asks the regional court to declare a series of alleged arrests, detentions, restrictions on his movement and other actions unlawful.

Falana says the alleged violations affected his rights to personal liberty, dignity, fair hearing, property and freedom of movement under the African Charter on Human and Peoples’ Rights and applicable ECOWAS legal instruments.

Dispute Dates Back to NYSC Service

According to Falana’s application, his confrontation with state authorities began during his National Youth Service Corps programme in Oyo State between 1982 and 1983.

He said he represented students of the University of Ibadan who were facing conspiracy and attempted murder charges following a dispute involving the university’s vice-chancellor.

Falana alleges that although he completed his NYSC service, authorities withheld his discharge certificate because he had represented the students without official permission.

1985 Arrest and Detention

The lawyer’s claims also cover an alleged arrest in June 1985 at the Lagos State High Court by armed agents of the then National Security Organisation, NSO.

Falana alleges that his chambers were searched without a warrant and that he was subsequently detained for about seven weeks at an NSO facility on Awolowo Road, Ikoyi.

He says he was released on August 30, 1985, following the military coup that brought Ibrahim Babangida to power.

Falana also disputed explanations later given for his detention during a panel review of cases involving people detained under the military administrations.

Alleged Abduction and Travel Restriction

The lawsuit extends into the 1990s.

Falana alleges that security officials abducted him from his Lagos home in April 1990, drove him towards the Lagos-Epe road and abandoned him in a bush.

He says the security agency denied involvement and that the military government did not grant his request for an investigation.

In 1991, Falana also alleges that security officials prevented him from travelling to Harare, Zimbabwe, for a human rights conference and confiscated his international passport for about six months.

He is asking the ECOWAS Court to determine whether the alleged restriction breached his right to freedom of movement.

June 12 and Further Detentions

Falana’s application also recounts his arrests and detention in 1992 and 1993, including actions connected to his opposition to military rule and the annulment of the June 12, 1993 presidential election.

He alleges that he was arrested alongside Beko Ransome-Kuti and Baba Omojola in May 1992 and subsequently detained before being transferred to Kuje Correctional Centre in Abuja.

According to the application, a court ordered his release in June 1992, but Falana alleges that the military administration did not comply with the order.

He, Ransome-Kuti, Omojola and the late human rights lawyer Gani Fawehinmi were subsequently prosecuted in proceedings connected to allegations including conspiracy and treasonable felony.

Falana also says he and other activists were arrested and prosecuted after opposing the annulment of the June 12 election, with charges including sedition and incitement cited in the application.

He alleges that bail orders were initially disobeyed and that the activists remained in detention until August 1993.

What Falana Wants From the ECOWAS Court

Beyond the $10 million damages claim, Falana is asking the regional court to issue formal declarations concerning the alleged violations.

These include his claims over personal liberty, dignity, fair hearing, property rights and freedom of movement, as well as the alleged seizure of his NYSC discharge certificate and international passport.

The lawsuit also raises broader questions about how historical human-rights violations during Nigeria’s military era can be addressed decades after the alleged events.

Case Yet to Be Determined

The allegations contained in Falana’s application have not been judicially established. The filing is a request for the ECOWAS Court to determine whether the alleged violations occurred and whether the remedies sought should be granted.

Nigeria has yet to be ordered to pay the $10 million claimed, and the final outcome will depend on the proceedings before the regional court.

For Falana, the case represents an attempt to obtain legal redress for events he says occurred more than three decades ago. For Nigeria, it places historical conduct during the military era before a regional human-rights court and could add another chapter to the country’s continuing debate over accountability, justice and remedies for past abuses.

 

 

Awobajo Soliat

Written by Boom RadioNG