A Lagos-based human rights lawyer and Senior Advocate of Nigeria (SAN), Mr Femi Falana, has initiated a $10m damages suit against the Federal Government of Nigeria, FGN, before the Community Court of Justice of the Economic Community of West African States (ECOWAS) over alleged violations of his fundamental rights spanning several military administrations.
In the legal action designated ECW/CCJ/APP/30/2026, filed at the ECOWAS Court in Abuja, the SAN alleged that the FGN subjected him to unlawful arrests and detention, restrictions on his freedom of movement and other violations of his rights between the 1980s and 1990s.
The senior lawyer is further asking the regional court to make declarations that the alleged violations were unlawful and unconstitutional and to award him US$10 million in damages.
The suit specifically hinges on alleged violations of his rights to personal liberty, dignity of the human person, fair hearing, property and freedom of movement under the African Charter on Human and Peoples’ Rights.
The human rights crusader, who has been involved in human rights and public-interest advocacy since his call to the Nigerian Bar in 1982 and is a former President of the West African Bar Association, recounted several incidents in the application.
In the application, Falana stated that his major confrontation with the FGN took place during his National Youth Service Corps (NYSC) programme in Oyo State between 1982 and 1983.
Falana explained that he represented students of the University of Ibadan who had been charged with conspiracy and attempted murder following allegations involving the university’s Vice-Chancellor
Although he completed his service, Falana declared that the FGN withheld his NYSC discharge certificate because of his defence of the students.
The SAN noted that the case was eventually decided in favour of the students and cited the decision as Andrew Ogor & Ors v Chief Magistrate Emmanuel Kolawole & Anor (1983) NCLR 142.
The human rights lawyer, who equally alleged that on June 8, 1985, armed agents of the then National Security Organisation (NSO) arrested him at the premises of the Lagos State High Court, added that the agents subsequently took him to his chambers at Alao Aka-Bashorun Chambers on Jebba Street, Ebute Metta, Lagos, where they conducted a search without a warrant.
According to Falana, nothing incriminating was found during the search before he was taken to the NSO detention facility at 15 Awolowo Road, Ikoyi, Lagos.
The SAN further alleged that he was detained there for seven weeks alongside other political detainees before his release on August 30, 1985, following the military coup that brought General Ibrahim Babangida to power.
Falana revealed that the Babangida administration subsequently changed the name of the NSO to the State Security Service (SSS) and established the Justice Samson Uwaifo Panel to investigate cases of detention.
The SAN argued that he appeared before the panel and alleged that the security authorities gave an inaccurate explanation for his detention.
The senior lawyer insisted that the SSS prevented him from travelling to Harare, Zimbabwe, in October 1991 to attend a human rights conference.
Falana stated that the security agency confiscated his international passport and retained it for six months, adding that Dr Olisa Agbakoba, SAN, subsequently read his paper at the conference on his behalf.
The SAN argued further that he was abducted from his Lagos residence at about 2am on April 8, 1990, by persons he identified as SSS officials.
While adding that the security operatives drove him towards the Lagos-Epe road and abandoned him in a bush before he found his way to Epe and returned to Lagos, Falana maintained that the SSS denied involvement in the incident and that his request for an investigation was rejected by the military government.
In recounting his arrest on May 19, 1992, at the Lagos State High Court and his subsequent detention, the SAN revealed that he was detained for two days at the Bar Beach Police Station before being flown to Abuja with Dr Beko Ransome-Kuti and Baba Omojola, who had also been arrested.