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Thursday, January 21, 2010
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Nature of the Case

Admissibility decision in a case brought against the Republic of Nigeria, including the Universal Basic Education Commission – the legal entity responsible for implementing education in Nigeria – for failure to ensure quality education, under the African Charter on Human and Peoples’ Rights (ACHPR).  Whether the right to education is justiciable by the ECOWAS Court; Scope of the jurisdiction of the ECOWAS Court; Locus standi (whether the complainant has the legal right to initiate a lawsuit).

Enforcement of the Decision and Outcomes

Consideration of the case on the substantive rights is forthcoming and while this admissibility decision seems to indicate that the Court sees merit in the complainant’s arguments on the right to education protected by the African Charter, it remains to be seen what effect is given to the complainants arguments highlighting violations of the right to education under the International Covenant on Economic, Social and Cultural Rights and the respective General Comments.

Significance of the Case

This case is significant both for its decision on the justiciability of the right to education protected under the ACHPR in the ECOWAS Court as well as the ability of NGOs bring public interest litigation cases within this forum.  The Court’s decision on locus standi will allow NGOs and other organizations to access the ECOWAS Court as another mechanism through which to seek enforcement of the rights protected under the African Charter.

Groups Involved in the Case

Socio-Economic Rights and Accountability Project (SERAP)

Ruling