In a stinging rebuke of administrative negligence, the ECOWAS Court of Justice has ordered the Federal Government of Nigeria to investigate the 1978 military seizure of assets belonging to 94-year-old entrepreneur, Mr. Kolawole Koiki. The ruling puts an end to decades of legal limbo regarding Mr. Koiki’s 46% stake in the New Nigeria Salt Company Limited, which was confiscated without compensation during the Obasanjo military junta.
Beyond the investigation, the court slammed the government with a ₦5 million fine for violating the octogenarian’s right to a fair hearing within a reasonable time—a breach of the African Charter on Human and Peoples’ Rights.
The Anatomy of an Administrative Failure
The case, championed by human rights advocate Femi Falana (SAN), exposes a systemic breakdown within Nigeria’s human rights apparatus. The court’s findings highlighted a decade of bureaucratic paralysis:
-
The 2010 Filing: Mr. Koiki first approached the National Human Rights Commission (NHRC) fifteen years ago to resolve the 1978 seizure.
-
The “Lost Years” (2015–2021): The Federal Government admitted that the NHRC investigation stalled for six years because the Commission’s Governing Council was dissolved and never reconstituted.
-
The Verdict on Delay: The ECOWAS Court rejected the government’s excuse, ruling that a state cannot use its own failure to organize its institutions as a shield against the human rights of its citizens.
Why This Matters: A Precedent for Property Rights
This judgment is significant not just for its age, but for its legal implications regarding “ouster clauses.” In 1978, the military government used laws that specifically barred courts from hearing challenges to their seizures.
By focusing on the fair hearing aspect rather than just the commercial dispute, the ECOWAS Court has provided a roadmap for other victims of historical state-sponsored seizures to seek redress.
Moving Toward Resolution
The court’s order is two-fold and immediate:
-
Mandatory Probe: The Federal Government must finally conclude the investigation into how and why 216,000 shares were taken without a kobo of compensation.
-
Damages: The ₦5 million award serves as a “reasonable time” penalty, acknowledging the emotional and financial toll of a 15-year wait at the NHRC.
As Mr. Koiki enters his mid-90s, the judgment represents a final, formal acknowledgment that the state’s power is not absolute and that justice delayed is, indeed, justice denied.
