The ECOWAS Court has dismissed claims against Nigeria by two non-governmental organisations over the destruction of property, impact on health and environment by the 2012 and 2022 Lagdo Dam flooding.
The applicants, Incorporated Trustees of Prince and Princess Charles Offokaja Foundation, Nigeria, and Prince and Princess Charles Offokaja Foundation, Switzerland, filed the suit.
They alleged in the suit marked: ECW/CCJ/APP25/23, that Nigeria’s failure to construct a dam in Adamawa State to mitigate the effects of Lagdo Dam’s overflow from Cameroon violated the fundamental rights of Nigerians.
The applicants argued that the delayed construction of the dam resulted in flooding, widespread damage, loss of life, displacement, and disruption of economic and educational activities across 14 Nigerian states.
The NGOs further contended that the dam project would have alleviated the flooding by enabling proper management of water, which could have been used for irrigation and electricity generation.
Delivering judgment on Friday, the court, in the judgment read by Justice Sengu Koroma (presiding/judge rapporteur), dismissed the lawsuit in its entirety.
According to the community court, the second applicant, a Swiss-registered NGO, lacked the legal capacity to bring a case before the court.
It said the first applicant, a Nigerian-registered NGO, claimed to represent public interest but failed to meet the required criteria for public interest litigation.
“The court recalls that the requirement is that the class of victims in public interest litigation, even when indeterminable, should be capable of being envisaged by the court,” Mr Koroma said.
The court further held that, “while the applicants referenced a broad class of victims (the Nigerian people), the court is unable to identify or envision the specific victims whose rights were allegedly violated.”
The court also noted that, while it has jurisdiction to hear human rights violation suits, the applicants’ lack of capacity to pursue it in the public interest was fatal to the suit.
Nigeria had denied the claims, asserting that the dam’s feasibility study which it earlier conducted in 1982 was part of a broader initiative to develop the Benue Basin’s water resources.
The Federal Government’s counsel argued that the Memorandum of Understanding (MoU) between Nigeria and Cameroon centred on enhancing cooperation in managing shared water resources.
The government also contended that it took measures to mitigate flooding, including building additional dams, and securing a 2024 Senate resolution to facilitate the dredging of Rivers Benue and Niger.
Nigeria also prayed the court to dismiss the case, arguing that the applicants failed to demonstrate the specific victims affected by the flooding or to show any direct violations of rights.
The three-man panel comprised Justice Sengu Koroma (presiding/judge rapporteur), Justice Dupe Atoki (member), and Justice Edward Asante (member)
(NAN)