ECOWAS Court orders police to remove Wanted Notice against US-based Nigerian Ogechi Njaka, pay N1m for rights violation
The ECOWAS Community Court of Justice has ordered the Federal Government to pay N1 million to Nigerian businesswoman Ogechi Njaka and remove a police wanted notice against her, ruling that the publication violated her rights to presumption of innocence and human dignity.
In its judgment in Case No. ECW/CCJ/APP/18/24, delivered this week, the court found that the Nigeria Police Force notice improperly portrayed Njaka as having committed criminal offenses before any judicial determination of guilt.
Background
Njaka, a Nigerian resident in the United States who runs a non-governmental organization and a matchmaking program on Facebook, filed the case through Abuja human rights lawyer Samuel Ihensekhien Jr.
According to court documents, Njaka alleged she became the target of defamatory attacks and a criminal complaint after reporting an individual, Maryam Shehu, for defamatory social media posts.
Njaka said a Nigerian security agency declared her wanted and obtained an arrest warrant without first notifying her of the complaint. Though the criminal case was later struck out for lack of diligent prosecution, she contended the agency continued to display and circulate the wanted notice.
She argued the publication violated her rights to be presumed innocent, to human dignity, to equality before the law, and to be informed of criminal charges.
Court Findings
The court affirmed its jurisdiction and declared the application admissible, noting Njaka sufficiently established her status as an alleged victim of human rights violations.
On the merits, the court examined four claims. It held that the police notice stated Njaka was wanted for offenses she had “committed” through social media platforms. The wording went beyond presenting her as a suspect and portrayed her as guilty before trial or conviction, the court said.
The court found a violation of her right to be presumed innocent under Article 7(1)(b) of the African Charter on Human and Peoples’ Rights and Article 14(2) of the International Covenant on Civil and Political Rights.
It also held that publicly portraying her as having committed crimes before a judicial determination exposed her to stigma, humiliation, social exclusion and reputational harm. The publication therefore violated her right to human dignity under Article 5 of the African Charter.
However, the court rejected the claim on equality before the law, finding Njaka produced no evidence she was treated differently from others in similar circumstances.
It also dismissed the claim on the right to be informed of charges, noting she had not been arrested or formally charged and that the notice identified the offenses under investigation.
Court Orders
The court declared that Nigeria violated Njaka’s rights to presumption of innocence and human dignity but found no violation of her rights to equality before the law or to be informed of charges.
It ordered the Federal Republic of Nigeria to: Remove the notice declaring Njaka wanted from the Nigeria Police Force bulletin and any other medium where it was published.
Publish the judgment in the Official Gazette and on the Nigeria Police Force website for six months.
Pay N1 million to Njaka as compensation for the violations.
