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SERAP v. Nigeria, Judgment, ECW/CCJ/APP/12/07; ECW/CCJ/JUD/07/10 (ECOWAS, Nov. 30, 2010)
30 November 2010
Suit No:ECW/CCJ/APP/12/07; Judgment No: ECW/CCJ/JUD/07/10
ECOWAS COMMUNITY COURT OF JUSTICE
THE REGISTERED TRUSTEES OF THE SOCIOECONOMIC RIGHTS AND
ACCOUNTABILITY PROJECT (SERAP)
v.
THE FEDERAL REPUBLIC OF NIGERIA AND UNIVERSAL BASIC EDUCATION
COMMISSION (UBEC)
JUDGMENT
BEFORE: PRESIDENT: Hansine N. Donli
JUDGES: Anthony A. Benin; Soumana D. Sidibe
PermaLink:http://www.worldcourts.com/ecowas/eng/decisions/2010.11.30_SERAP_v_Nigeria.htm
SERAP v. Nigeria, Judgment, ECW/CCJ/APP/12/07; ECW/CCJ/JUD/07/10
Citation:
(ECOWAS, Nov. 30, 2010)
PLAINTIFF: A. A. Mumuni Esq; Sola Egbeyinka Esq
Represented by:
DEFENDANTS: Yemi Pitan Esq; Tolu Odupe Esq; John Gaul Esq
JUDGMENT OF THE COURT
1. PARTIES AND LAWYERS
The paintiff is a human rights nongovernmental organization registered under the laws of the
Federal Republic of Nigeria. The first defendant is a member of the Economic Community of West
African States. The second defendant is body set up by the first defendant to ensure the success of
basic education in the country. The applicant was represented by A. A. Mumuni. and Sola
Egbeyinka. The first defendant was. represented by Yemi Pitan and Tolu Odupe. whilst the second
defendant was represented by John Gaul.
2. SUBJECTMATTER OF THE PROCEEDINGS
The initiating application complains of violation of the human right to quality education, the right
to human dignity, the right of peoples to their wealth and natural resources, and the right of people
to economic and social development, guaranteed by Article 1.2, 17.21 and 22 of the African
Charter on Human and Peoples' Rights (ACHPR).
FACTS OF THE CASE
3. The genesis of this mater, according to the Applicant is a report of investigations conducted into
the activities of the second defendant. Indeed the investigation centred on the mismanagement of
funds allocated for basic education in ten states of the Federation of Nigeria. This report was
submitted to the Presidency on April 13, 2006. The exact amount though has not been disclosed.
4. Besides, in October 2007, the independent Corrupt Practices Comission (ICPC) reported having
more than 488 million naira of funds looted from state offices and headquarters of the second
defendant and was still battling to recover another 3.1 billion naira looted by officials of the second
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