The ECOWAS Court has dismissed a suit filed by the Incorporated Trustees of the Prince and Princess Charles Offokaja Foundation, challenging Nigeria’s failure to create a sixth state in the South-East geopolitical zone.
The NGO argued that the absence of a sixth state in the South-East, unlike other zones, was discriminatory and undermined Nigeria’s geopolitical balance. The suit, filed under case number ECW/CCJ/APP/32/23, claimed that this imbalance violated regional and international human rights laws.
In its judgment, the court ruled that the creation of states falls solely under Nigeria’s constitutional authority. It held that the country’s decision not to establish another state in the South-East did not breach its obligations under the African Charter on Human and Peoples’ Rights or the International Covenant on Civil and Political Rights.
Presiding Judge Justice Dupe Atoki stated that the South-East already had sufficient representation in Nigeria’s political structure and there was no evidence of discrimination.
She added that creating an additional state does not automatically translate to development, as the applicant claimed.
The court also noted that the NGO failed to prove a direct link between the absence of a sixth state and any alleged violation of development rights.
A second applicant, a Switzerland-based NGO, was removed from the case for lack of jurisdiction.
The panel also included Justices Edward Asante and Gbéri-Bè Ouattara.