The Community Court of Justice of the Economic Community of West African States (ECOWAS) is set to hear a landmark human rights case that could redefine state accountability and judicial independence across West Africa.

At the centre of the suit is Comrade Ighorhiohwunu Aghogho, a child rights advocate and whistleblower who has accused top Nigerian government officials of abuse of power, unlawful detention, and contempt of international judicial authority.

Aghogho, convener of Operation Save Nigeria Children, filed the action through his counsel, Andrew N. Elekeokwuri, Esq., under Suit No. ECW/CCJ/APP/28/25. The case is titled:

“Notice of Unlawful Interference, Contemptuous Conducts, and Violation of Fundamental Human Rights by the Defendant and Its Authorised Agents Leading to the Unlawful Prosecution and Continuous Detention of the Applicant Over Cyberstalking Charges Without the Consent of the Defendant’s Attorney-General of the Federation, and Application for Provisional Measures for Sanctions.”

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Activist’s Prolonged Detention

The dispute stems from Aghogho’s lengthy and controversial detention at the Medium and Security Custodial Centre in Warri, Delta State, over alleged cyberstalking offences under Charge No. FHC/WR/92C/2022.

The activist was initially detained between June 6, 2022, and March 22, 2024, spending over 600 days in custody without trial. He claims the prosecution lacked authorisation from the Attorney-General of the Federation (AGF), as required by law.

After his release on bail in March 2024, Aghogho resumed his campaigns against alleged child trafficking and illegal adoption networks involving senior state officials. However, on June 16, 2025, he was rearrested and returned to custody after Justice H.A. Nganjiwa of the Federal High Court, Warri, revoked his bail under contentious circumstances.

The revocation reportedly followed claims that Aghogho had influenced a news report about a Form 48 (Notice of Consequences of Disobedience to Court Order) issued against the Delta State Attorney-General—an allegation he denies.

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Government Admission of Irregular Prosecution

In a crucial development, the Federal Ministry of Justice admitted in a statement of defence dated July 31, 2025, that the prosecution was carried out “without the knowledge and consent” of the Attorney-General of the Federation.
The document, signed by Mrs. Maimuna Lami Shiru, Director of Civil Litigation, nonetheless failed to secure Aghogho’s release, who remains in custody.

His counsel argues that the case represents a pattern of persecution aimed at silencing whistleblowers and human rights defenders exposing state-backed child trafficking operations in Delta State.

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Nigeria’s Top Officials Named in the Suit

The application lists an extensive array of Nigeria’s judicial, political, and security leaders as defendants, including:

• The Chief Justice of Nigeria, Chairman and Secretary of the National Judicial Council (NJC), and the Chief Judge of the Federal High Court;
• Justices M.I. Sani, H.A. Nganjiwa, E.Z. Dolor, T.O. Uloho (Mrs.), Marshal Umukoro (rtd.), and Ibrahim Tanko Muhammad (rtd.);
• The Attorney-General of Delta State, Ekemejero Ohwovoriole, SAN, prosecutors J.A. Amahi, A.L. Aikpokpo-Martins (Mrs.), P.N. Etumudon, and others;
• The Governor of Delta State, Sheriff Oborevwori, officials of the Ministry of Women Affairs, and members of the Delta State House of Assembly;
• The Inspector-General of Police, the Commissioner of Police, Delta State, several ranking officers, as well as the heads of the EFCC, DSS, and NAPTIP;
• The President and Deputy President of the Senate, and the Speaker and Deputy Speaker of the House of Representatives.

Also named are two civilians alleged to be involved in illegal adoption and bail rackets.

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Allegations of Human Rights Violations

Aghogho’s petition accuses the Nigerian government of violating multiple international and regional legal instruments, including:

• Articles 6 and 7 of the African Charter on Human and Peoples’ Rights (right to liberty and fair trial);
• Articles 9 and 14 of the International Covenant on Civil and Political Rights (ICCPR);
• Articles 4(g) and 7(1)(2) of the Revised ECOWAS Treaty;
• Articles 79–81 of the ECOWAS Court Rules and the Supplementary Act A/SP.2/08/11 on sanctions against states that breach human rights and rule of law principles.

The activist insists his continued detention amounts to a gross violation of international law and a flagrant contempt of the ECOWAS Court’s authority.

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Reliefs Sought

Aghogho is urging the ECOWAS Court to:

1. Declare the Nigerian state and its agents in contempt for obstructing the Court’s authority;
2. Hold named officials personally liable for acts of persecution and unlawful detention;
3. Order his immediate release from the Warri custodial facility;
4. Mandate disciplinary and institutional reforms within Nigeria’s judicial and prosecutorial systems;
5. Direct the Nigerian government to submit a compliance report within 30 days; and
6. In the event of continued defiance, refer the matter to the International Criminal Court (ICC) or the ECOWAS Authority of Heads of State and Government for sanctions.

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A Case of Regional Significance

Filed on October 27, 2025, the application is accompanied by Annexure VOV, containing the Federal Ministry of Justice’s admission confirming the prosecution’s lack of authorisation.

Legal observers describe the suit as one of the most consequential human rights cases ever brought before the ECOWAS Court, not only for its potential to secure Aghogho’s freedom but also for its institutional challenge to judicial and political impunity at the highest levels of Nigeria’s governance structure.

The case is expected to come up for hearing soon before the ECOWAS Court of Justice in Abuja.

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