Human rights lawyer and Senior Advocate of Nigeria, Femi Falana, has sued the Federal Republic of Nigeria before the ECOWAS Community Court of Justice, demanding $10 million in damages over alleged violations of his fundamental rights during successive military administrations.
The suit, marked ECW/CCJ/APP/30/2026 and filed in Abuja, covers a series of alleged arrests, detentions, restrictions on movement and other incidents involving Falana between the 1980s and 1990s.
Falana is asking the regional court to declare that the alleged actions were unlawful and violated his rights to personal liberty, dignity, fair hearing, property and freedom of movement under the African Charter on Human and Peoples’ Rights and applicable ECOWAS legal instruments.
According to the application, Falana’s confrontation with the authorities began during his National Youth Service Corps programme in Oyo State between 1982 and 1983.
He represented University of Ibadan students who were charged with conspiracy and attempted murder following a dispute involving the university’s vice-chancellor.
Falana alleged that although he completed his service, the NYSC authorities withheld his discharge certificate because he represented the students without official permission.
The students eventually succeeded in the case, according to the application.
Falana’s suit also recounts his arrest in June 1985 by armed agents of the then National Security Organisation at the Lagos State High Court.
He alleged that the agents took him to his law chambers, searched the premises without a warrant and found nothing incriminating.
Falana further alleged that he was detained for seven weeks at the NSO facility at 15 Awolowo Road, Ikoyi, Lagos, in what he described as dehumanising conditions.
He said he was released on August 30, 1985, following the coup that brought Ibrahim Babangida to power.
The Babangida administration later renamed the NSO as the State Security Service and established a panel led by former judge Samson Uwaifo to investigate cases of detention.
Falana appeared before the panel but disputed the explanation allegedly given by security authorities for his detention.
He alleged that the SSS linked his detention to his role in the defence of musician Fela Anikulapo-Kuti, who had been prosecuted for foreign exchange-related offences.
Falana disputed the explanation, noting that Isola Kanmi-Osobu, who had led him in Fela’s defence, was neither arrested nor detained.
‘I WAS ABDUCTED’ — FALANA
Falana also alleged that he was abducted from his Lagos home at about 2am on April 8, 1990, by officials of the SSS.
According to his account, he was driven towards the Lagos-Epe road and abandoned in a bush.
He said he eventually found his way to Epe and returned to Lagos.
Falana alleged that the SSS denied involvement in the incident and that the military government declined his request for an investigation.
In October 1991, he said security officials prevented him from travelling to Harare, Zimbabwe, to attend a human rights conference and seized his international passport for six months.
He is asking the ECOWAS Court to declare that the alleged restriction violated his freedom of movement under Article 12 of the African Charter.
1992 ARREST AND DETENTION
Falana further alleged that he, Beko Ransome-Kuti and Baba Omojola were arrested on May 19, 1992, and detained before being transferred to Kuje Correctional Centre in Abuja.
He said the late human rights lawyer, Gani Fawehinmi, was subsequently arrested and taken to Kuje after seeking their release.
According to the application, a judge ordered Falana’s release on June 8, 1992, but the Babangida administration did not comply with the order.
Falana alleged that the detainees were later charged with conspiracy and treasonable felony over an alleged attempt to overthrow the military government.
He further alleged that they were held incommunicado and prevented from choosing their lawyers.
The application also refers to findings attributed to the United Nations Working Group on Arbitrary Detention and reports by Amnesty International concerning some of the arrests and detentions.
JUNE 12 STRUGGLE
Falana’s suit also covers his alleged arrest and prosecution during the struggle against the annulment of the June 12, 1993 presidential election.
He alleged that he, Fawehinmi and Ransome-Kuti were arrested and prosecuted after opposing the annulment.
They were charged with conspiracy, sedition and incitement, according to the application.
Falana said court orders granting bail were initially disobeyed and that the activists remained in detention until their release in August 1993.
The application also makes reference to former military President Ibrahim Babangida’s 2025 memoir, A Journey in Service.
Falana argues that Babangida’s acknowledgement in the memoir that Moshood Abiola won the June 12 election is significant because activists were arrested and prosecuted for challenging the annulment.
FURTHER ARRESTS
The suit alleges that Falana faced further arrests and detention between 1994 and 1998 over his human rights advocacy, labour activities, international engagements and his work concerning the trial of Ken Saro-Wiwa and other leaders of the Movement for the Survival of the Ogoni People.
In March 1998, he alleged that he and nine others were arrested after he delivered a paper at a labour workshop.
They were charged with conspiracy and unlawful assembly, but the case was later struck out for want of diligent prosecution, according to the application.
FALANA SEEKS $10M DAMAGES
Falana is asking the ECOWAS Court to declare that his arrests between 1985 and 1996 violated his right to personal liberty under Article 6 of the African Charter.
He is also seeking declarations concerning the alleged 1990 abduction, the seizure of his NYSC discharge certificate and international passport, the alleged restriction of his movement and the alleged violations of his right to fair hearing during the 1992 and 1993 proceedings.
The lawyer is seeking $10 million in damages for the alleged violations of his rights to dignity, personal liberty, fair hearing, property and freedom of movement.
The allegations contained in the suit are claims made by Falana and remain subject to determination by the ECOWAS Community Court of Justice. The filing of the case does not by itself establish that the alleged violations occurred or that the $10 million damages being sought will be awarded.
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