The ECOWAS Court of Justice, sitting in Abuja, has directed the Federal Government of Nigeria to investigate the 1978 confiscation of shares belonging to Mr. Kolawole Koiki, a 94-year-old Nigerian businessman, in the New Nigeria Salt Company Limited by the then military regime.
In its ruling, the regional court also awarded Mr. Koiki compensation of ₦5 million for the violation of his right to a fair hearing within a reasonable timeframe, as guaranteed under Article 7(1)(d) of the African Charter on Human and Peoples’ Rights, to which Nigeria is a signatory.
The court further mandated the Federal Government to take immediate steps to ensure the speedy resolution of Mr. Koiki’s pending complaint before the National Human Rights Commission (NHRC), without any further delay.
The judgment stemmed from a lawsuit filed by Mr. Koiki against the Federal Republic of Nigeria, citing the NHRC’s prolonged failure to conclude its investigation into his complaint regarding the seizure of his shares.
Mr. Koiki’s case concerns the 1978 takeover of the New Nigeria Salt Company Limited by the Federal Military Government, enacted under a law that explicitly excluded judicial review of the seizure. He contended that his shares were confiscated without any compensation.
Represented by Senior Advocate of Nigeria and human rights lawyer, Mr. Femi Falana, the suit argued that the NHRC’s failure to complete the investigation infringed upon Mr. Koiki’s fundamental right to a fair hearing under the African Charter.
Delivering the judgment on November 17, 2025, in suit number ECW/CCJ/APP/46/21, the ECOWAS Court highlighted that Mr. Koiki owned 216,000 shares—approximately 46 percent equity—in the New Nigeria Salt Company Limited, incorporated in 1973, at the time of the seizure.
The court noted that although the complaint was filed with the NHRC in 2010, the Commission neglected to finalize its investigation or issue a report for several years.
Importantly, the court clarified that the case before it did not concern the legality or merits of the original share seizure under Nigerian law, but rather the violation of Mr. Koiki’s right to a timely and fair hearing, due to the NHRC’s undue delay.
The Federal Government explained that preliminary investigations by the NHRC began in 2014 but could not be concluded because the NHRC’s Governing Council, the only body authorized to determine complaints, was dissolved in 2015 and remained unconstituted until 2021. The government further described the complaint as a commercial dispute over equity shares rather than a human rights issue.
However, the court emphasized that the six-year inaction from 2015 to 2021, attributable solely to the Nigerian state’s failure to reconstitute the NHRC Governing Council, was unjustifiable.
This prolonged delay was ruled a breach of Mr. Koiki’s right to a fair hearing within a reasonable time under Article 7(1)(d) of the African Charter.
Consequently, the court ordered the Federal Government to pay ₦5 million in general damages and to ensure that the NHRC promptly completes the hearing and resolution of the complaint.
This judgment underscores the responsibility of member states to guarantee the effective and timely operation of human rights institutions, particularly when protecting the rights of vulnerable and elderly individuals.
ECOWAS Court Orders Nigerian Government to Investigate 1978 Share Seizure and Compensate Elderly Businessman
