On Wednesday, the ECOWAS Court of Justice declared a human rights violation case by the Socio-Economic Rights and Accountability Project (SERAP), a civil society organisation, for the victims of the 2022 Abuja-Kaduna train attack inadmissible.

SERAP’s case against the Federal Republic of Nigeria was aimed at holding the country accountable for human rights violations during the Abuja-Kaduna train terrorist attack in March 2022.

On March 28, 2022, terrorists attacked a Kaduna-bound train near Rigasa Train Station in the Igabi Local Government Area of the state. The incident triggered months of outrage as it drew attention to the worsening security situation in Nigeria.

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The bandits bombed the train track with an improvised explosive device (IED) and halted the train before shooting at the over 970 passengers on board.

Following the train attack, which resulted in deaths, abductions and injuries, with some still missing to date, SERAP filed a case to seek justice for the victims and survivors.

The accountability group argued that the lack of adequate preventive measures in Nigeria violated the passengers’ right to life, security and dignity in the train attack incident. They demanded compensation of N50 million for each passenger and victim’s family.

An update on Wednesday’s court session obtained on the website of the ECOWAS Court of Justice stated: “In the judgment delivered by Justice Dupe Atoki, the Judge Rapporteur, the Court recognised its jurisdiction to hear the case as it involved potential human rights violations within a member state, in accordance with Article 9(4) of the ECOWAS Supplementary Protocol.

“However, the Court found the claim inadmissible on grounds that it failed to meet the victim status requirement essential for litigation under Article 10(d) of the same Protocol.”

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The Court said that although SERAP claimed to be acting in the interest of the public, the case did not meet the criteria for a public interest action, or actio popularis, which, according to the court, requires that the violations affect a large, indeterminate segment of the public or the general public itself.

The Court highlighted the following:

“The victims of the March 28 attack were identifiable individuals rather than an indeterminate public group, making the claim unsuitable as a public interest litigation.

“The reliefs sought, including specific monetary compensation, were directed at the identifiable victims of the attack rather than the public at large.”
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