Lagos-based human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has filed a $10 million damages suit against the Federal Government of Nigeria (FGN) at the Community Court of Justice of the Economic Community of West African States (ECOWAS).
The suit, filed in Abuja as ECW/CCJ/APP/30/2026, alleges that Falana was subjected to unlawful arrests and detention, restrictions on his freedom of movement and other violations of his fundamental rights during successive military administrations.
Falana is asking the regional court to declare the alleged violations unlawful and unconstitutional and award him US$10 million in damages.
The case centres on alleged violations of his rights to personal liberty, dignity of the human person, fair hearing, property and freedom of movement under the African Charter on Human and Peoples’ Rights.
Falana recounts NYSC dispute
Falana, who has been involved in human rights and public-interest advocacy since his call to the Nigerian Bar in 1982 and is a former President of the West African Bar Association, recounted several incidents in his application.
He said his major confrontation with the FGN began during his National Youth Service Corps (NYSC) programme in Oyo State between 1982 and 1983.
According to Falana, he represented students of the University of Ibadan who were charged with conspiracy and attempted murder following allegations involving the university’s Vice-Chancellor.
Although he completed his service, Falana alleged that the government withheld his NYSC discharge certificate because of his defence of the students.
He said the case was eventually decided in favour of the students, citing Andrew Ogor & Ors v Chief Magistrate Emmanuel Kolawole & Anor (1983) NCLR 142.
Arrest and detention in 1985
Falana further alleged that armed agents of the then National Security Organisation (NSO) arrested him on June 8, 1985, at the premises of the Lagos State High Court.
He said the agents took him to his chambers at Alao Aka-Bashorun Chambers on Jebba Street, Ebute Metta, Lagos, where they conducted a search without a warrant.
According to the SAN, nothing incriminating was found during the search before he was taken to the NSO detention facility at 15 Awolowo Road, Ikoyi, Lagos.
He alleged that he was detained there for seven weeks alongside other political detainees before his release on August 30, 1985, following the military coup that brought General Ibrahim Babangida to power.
Falana said the Babangida administration later changed the name of the NSO to the State Security Service (SSS) and established the Justice Samson Uwaifo Panel to investigate cases of detention.
He said he appeared before the panel and alleged that the security authorities gave an inaccurate explanation for his detention.
Passport confiscation and alleged abduction
Falana also alleged that the SSS prevented him from travelling to Harare, Zimbabwe, in October 1991 to attend a human rights conference.
He said the security agency confiscated his international passport and retained it for six months, prompting Dr Olisa Agbakoba, SAN, to read his paper at the conference on his behalf.
The human rights lawyer further alleged that he was abducted from his Lagos residence at about 2am on April 8, 1990, by persons he identified as SSS officials.
He said the security operatives drove him towards the Lagos-Epe road and abandoned him in a bush, after which he found his way to Epe and returned to Lagos.
Falana maintained that the SSS denied involvement in the incident and that his request for an investigation was rejected by the military government.
1992 arrest
Falana also recounted his arrest on May 19, 1992, at the Lagos State High Court and subsequent detention.
He alleged that he was held for two days at the Bar Beach Police Station before being flown to Abuja alongside Dr Beko Ransome-Kuti and Baba Omojola, who had also been arrested.
The suit is seeking judicial declarations on the alleged violations and US$10 million in damages.
Chronicle NG reports that the allegations contained in the suit are claims by Falana and remain subject to determination by the ECOWAS Court.
