ECOWAS Court Rejects Nigeria’s Appeal to Overturn Judgment in U.S. Citizen’s Case

The ECOWAS Community Court of Justice has dismissed an application by the Federal Republic of Nigeria seeking to reverse a 2023 judgment that found the country guilty of violating the rights of U.S. citizen Gregory Todd.

In a ruling delivered in the case marked ECW/CCJ/APP/56/21/REV, the Court held that Nigeria’s application lacked legal merit and failed to present any new facts as required under Article 27 of the Court’s Protocol and Articles 92 and 93 of the Court’s Rules.

According to a statement issued on Thursday, the Nigerian government had sought to overturn the November 6, 2023 decision in Gregory Todd v. Federal Republic of Nigeria (ECW/CCJ/JUD/41/23), where the Court ruled that the seizure of Todd’s passport by the Economic and Financial Crimes Commission (EFCC) was arbitrary and a violation of his right to freedom of movement.

In that ruling, Nigeria was ordered to pay $10,000 in damages to the claimant.

In its attempt to reverse the judgment, the Nigerian government argued three points:

1. The ECOWAS Court lacked jurisdiction to entertain a human rights application by a foreign national.
2. The Court exceeded its mandate by assuming appellate jurisdiction over Nigerian courts.
3. The case had already been adjudicated by a Federal High Court in Abuja, invoking the principle of res judicata.

However, the ECOWAS Court rejected all arguments, stressing that Nigeria failed to introduce any “new facts of a decisive nature” that were unknown during the original proceedings.

“The issues raised were legal in nature and had already been addressed in the initial judgment,” the Court stated.

It further clarified that, under Article 27, only the discovery of new, material facts could justify a revision. Nigeria’s application did not meet that threshold and was therefore deemed inadmissible and a misuse of post-judgment procedures.

The Court reaffirmed the validity of its 2023 ruling and ordered Nigeria to fully comply, including the payment of awarded damages and legal costs incurred by Mr. Todd in defending against the revision application.