The ECOWAS Court has dismissed a lawsuit filed against Nigeria by two Non-Governmental Organizations (NGOs) regarding the damage caused by the 2012 and 2022 flooding from the Lagdo Dam in Cameroon.
The applicants, the Incorporated Trustees of Prince and Princess Charles Offokaja Foundation, Nigeria, and the Prince and Princess Charles Offokaja Foundation, Switzerland, alleged that Nigeria’s failure to construct a dam in Adamawa to mitigate the effects of the Lagdo Dam’s overflow violated the fundamental rights of Nigerians.
In the suit (ECW/CCJ/APP25/23), the NGOs argued that the delay in building the dam led to extensive flooding, destruction of property, loss of life, displacement, and disruption of economic and educational activities in 14 Nigerian states. They further claimed that the construction of the dam would have helped manage the water, aiding in irrigation and electricity generation.
However, in a judgment delivered on Friday by Justice Sengu Koroma (presiding judge), the ECOWAS Court dismissed the lawsuit in its entirety. The court ruled that the Swiss-registered NGO lacked the legal capacity to bring the case before the court, and the Nigerian NGO failed to meet the necessary criteria for public interest litigation.
The court emphasized that while the applicants cited a broad group of victims (the Nigerian people), they failed to identify specific individuals whose rights were allegedly violated. The court also noted that, although it had the jurisdiction to hear human rights cases, the applicants’ lack of capacity to pursue the case in the public interest was fatal to the suit.
In its defense, Nigeria denied the allegations, stating that the feasibility study conducted in 1982 for the Lagdo Dam was part of a broader effort to develop the Benue Basin’s water resources. The federal government argued that the Memorandum of Understanding (MoU) with Cameroon focused on enhancing cooperation in managing shared water resources. Additionally, Nigeria presented its efforts to mitigate flooding, including the construction of additional dams and a 2024 Senate resolution for dredging Rivers Benue and Niger.
The three-judge panel, consisting of Justice Sengu Koroma, Justice Dupe Atoki, and Justice Edward Asante, concluded that the applicants failed to demonstrate specific victims or direct rights violations related to the flooding.
