The ECOWAS Court of Justice on Thursday dismissed a lawsuit filed by the Socio-Economic Rights and Accountability Project (SERAP) seeking N50 million in compensation for each victim of the 2022 Abuja-Kaduna train attack.
In March 2022, terrorists bombed a railway near Rigasa, Kaduna, leading to numerous fatalities, injuries, and abductions among the over 970 passengers onboard. SERAP brought the case against the Federal Government, alleging failure to prevent the attack and seeking accountability for human rights violations.
In a ruling delivered on November 13, 2024, the ECOWAS Court declared the case inadmissible, citing SERAP’s failure to meet the “victim status” requirement under Article 10(d) of the ECOWAS Protocol.
According to a court statement, the ruling acknowledged the court’s jurisdiction over potential human rights violations in member states but found that SERAP lacked standing as it was not directly affected by the attack. The court also ruled that the victims of the incident were identifiable individuals, making the case unsuitable as a public interest litigation.
Justice Dupe Atoki, the Judge Rapporteur, noted that while SERAP argued it was acting in the public interest, the court determined that the claims did not qualify as actio popularis—a public interest action addressing violations affecting an indeterminate group. Instead, the reliefs sought, including specific monetary compensation, were directed at the identifiable victims and their families.
SERAP had argued that the Federal Government’s alleged failure to implement adequate preventive measures violated the rights to life, security, and dignity of the victims. However, the court concluded that the legal framework did not support the claim as a public interest lawsuit, ultimately dismissing the case.
