The ECOWAS Court has dismissed a lawsuit filed against Nigeria by two Non-Governmental Organizations (NGOs) over the destruction of property, health, and the environment caused by the 2012 and 2022 Lagdo Dam floodings.
The applicants, Incorporated Trustees of Prince and Princess Charles Offokaja Foundation, Nigeria, and Prince and Princess Charles Offokaja Foundation, Switzerland, filed suit ECW/CCJ/APP25/23, alleging that Nigeria’s failure to construct a dam in Adamawa to mitigate the impact of Lagdo Dam’s overflow from Cameroon was a violation of the fundamental rights of Nigerians.
The NGOs argued that the government’s inaction led to devastating floods, causing displacement, destruction of properties, loss of lives, and disruption of economic and educational activities across 14 states in Nigeria. They contended that if the proposed dam had been built, the flooding could have been controlled, with additional benefits such as irrigation and hydroelectric power generation.
However, in its ruling delivered on Friday, the ECOWAS Court, led by Justice Sengu Koroma, dismissed the lawsuit in its entirety. The court ruled that the second applicant, a Swiss-registered NGO, lacked the legal standing to bring a case before the regional court. Furthermore, the court found that the first applicant, a Nigerian-registered NGO, which claimed to be acting in the public interest, did not meet the required criteria for public interest litigation.
“The Court recalls that the requirement is that the class of victims in a public interest litigation, even when indeterminable, should be capable of being envisaged by the court,” Justice Koroma said.
He further explained that while the applicants had referenced a broad class of victims, specifically “the Nigerian people,” the court was unable to identify or envision specific individuals whose rights had been violated.
The court also noted that, although it has jurisdiction to hear cases involving human rights violations, the applicants’ failure to meet the necessary legal capacity for public interest litigation rendered the suit invalid.
Nigeria, through its legal representatives, had denied the allegations, stating that the government had taken various measures to mitigate the effects of flooding in the region.
The Federal Government’s counsel argued that Nigeria had conducted a feasibility study for the proposed dam as early as 1982 as part of a broader initiative to develop the Benue Basin’s water resources. Additionally, Nigeria had entered into a Memorandum of Understanding (MoU) with Cameroon, aimed at strengthening cooperation in managing shared water resources.
The government also highlighted other flood mitigation efforts, including the construction of additional dams and a 2024 Senate resolution for the dredging of the Niger and Benue Rivers.
Furthermore, Nigeria’s legal team contended that the applicants failed to demonstrate specific victims affected by the flooding or provide concrete evidence of direct human rights violations.
The three-member judicial panel that presided over the case included Justice Sengu Koroma (presiding/judge rapporteur), Justice Dupe Atoki, and Justice Edward Asante.
In conclusion, the ECOWAS Court found the lawsuit lacking in merit and ruled in favor of Nigeria, dismissing the case.
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