The ECOWAS Court of Justice has dismissed an application by the Nigerian government seeking to overturn a $10,000 judgment awarded to Mr. Gregory Todd, a foreign national whose right to freedom of movement was found to have been violated.
In a ruling delivered this week, the court described Nigeria’s request for a revision of the original judgment as “without merit” and an abuse of its post-judgment procedures. It ordered the country to comply fully with the initial ruling, including the payment of damages to Mr. Todd.
The original judgment, delivered on November 6, 2023 (Case No. ECW/CCJ/JUD/41/23), found Nigeria guilty of violating Todd’s fundamental rights by allowing the Economic and Financial Crimes Commission (EFCC) to arbitrarily seize his passport—an act the court ruled was unreasonable and unlawful.
Following the verdict, Nigeria filed an application for a revision under Case No. ECW/CCJ/APP/56/21/REV, citing Articles 92 and 93 of the court’s rules. The government claimed that it had discovered “new facts” on April 5, 2024, which warranted a fresh look at the case.
However, instead of presenting new evidence, Nigeria's legal team based its arguments on legal technicalities. The team claimed the court had overstepped its bounds by recognising Todd’s application under Article 10(d) of the ECOWAS Protocol, improperly assumed jurisdiction over a matter already decided by a Nigerian court, and violated the principle of res judicata.
In its ruling, the ECOWAS Court reaffirmed its authority to entertain revision requests under Article 27 of its Protocol (as amended), which allows judgments to be revisited only if truly new and decisive facts emerge.
The judicial panel concluded that the Nigerian government’s application failed to meet this threshold. It ruled that the issues raised were legal arguments, not newly discovered facts, and thus could not be used to reopen the case.
The dismissal means that Nigeria must pay the $10,000 in damages awarded to Mr. Todd and comply with the court's ruling. The case is seen as a reaffirmation of the ECOWAS Court’s role in enforcing fundamental rights across member states, including those of foreign nationals.
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