The ECOWAS Court of Justice has firmly rejected an application by the Nigerian government seeking to overturn a previous ruling in favor of Mr. Gregory Todd, a foreign national whose fundamental rights were found to have been violated.
In its latest decision, the regional court dismissed Nigeria’s request for a revision of the original judgment, describing it as “without merit” and “an abuse of post-judgment procedure.” The court maintained that Nigeria must fully comply with the initial ruling, including paying $10,000 in damages to Mr. Todd.
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The original judgment, issued on November 6, 2023 (Case No. ECW/CCJ/JUD/41/23), found that Nigerian authorities had unlawfully restricted Mr. Todd’s freedom of movement by arbitrarily confiscating his passport. The action was carried out by the Economic and Financial Crimes Commission (EFCC), and the court ruled it to be a violation of his fundamental rights under international law.
Although Nigeria later sought to revisit the case, citing “new facts” allegedly discovered on April 5, 2024, its legal team failed to present actual evidence. Instead, they relied on three legal arguments: that the ECOWAS Court overstepped its jurisdiction by hearing a foreign national’s rights case; that it improperly reviewed a matter already addressed by Nigerian courts; and that the case should be dismissed under the legal principle of res judicata (a matter already judged).
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The court, however, was not convinced. It reaffirmed its authority to hear revision requests under Article 27 of its Protocol, which allows for reconsideration only if new, decisive facts emerge. The panel concluded that Nigeria’s arguments did not meet this threshold and were therefore inadmissible.
With this latest ruling, the ECOWAS Court has drawn a firm line on the limits of post-judgment litigation, reinforcing the binding nature of its decisions and Nigeria’s obligation to honor them.
