The ECOWAS Court of Justice has dismissed a suit filed by the Socio-Economic Rights and Accountability Project (SERAP) seeking N50 million compensation for each victim of the March 2022 Abuja-Kaduna train attack.
The court ruled on Thursday that SERAP’s claims were inadmissible, as they did not meet the “victim status” requirement necessary for litigation under Article 10(d) of the ECOWAS protocol.
In the March 2022 attack, gunmen ambushed a Kaduna-bound train carrying over 970 passengers, resulting in multiple fatalities, injuries, and the abduction of 61 passengers.
The hostages were eventually released at different intervals, with the last group regaining freedom after seven months. In April, the Nigeria Police Force announced the arrest of Ibrahim Abdullahi, suspected mastermind of the attack.
Following the incident, SERAP filed a suit against the federal government, demanding compensation on behalf of the victims.
However, in her judgement, Justice Dupe Atoki stated that the case did not qualify as public interest litigation, as the victims were “identifiable individuals rather than an indeterminate public group.”
“The court recognises its jurisdiction to hear the case, as it involved potential human rights violations within a member state.”
“However, the case does not meet the criteria for a public interest action, or actio popularis, which requires that the alleged violations affect a large, indeterminate segment of the public or the general public itself.” Atoki noted, citing Article 9(4) of the ECOWAS Supplementary Protocol.
The court further clarified that the reliefs sought, including specific monetary compensation, should have been directed toward the identifiable victims of the attack rather than the public at large.
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