LAGOS SEPTEMBER 20TH (URHOBOTODAY)-The Community Court of Justice of the Economic Community of West African States (ECOWAS) has formally registered a human rights case brought by Nigerian child rights advocate, Comrade Ighorhiohwunu Aghogho, against the Federal Republic of Nigeria. 

The case, filed under Suit No. ECW/CCJ/APP/46/25, was lodged on September 19, 2025, and formally registered on September 19, 2025, with the Court directing the Defendant to file its defence within 30 days.

In the suit, filed through his counsel, Andrew N. Elekeokwuri of Andrew Ewoh & Co., Aghogho acts in a representative capacity on behalf of dozens of children allegedly abducted from Agbarho Town in Ughelli North Local Government Area of Delta State.

The activist, who is also convener of Operation Save Nigerian Children, accuses the Nigerian State of failing to prevent, investigate, and remedy the widespread disappearance of children linked to illegal orphanages, unlawful police structures, and a controversial child rights amendment law enacted in Delta State in 2024.

At the centre of the dispute is Section 136(1a) of the Delta State Child Rights (Amendment) Law, 2024, which authorises persons to receive payment or reward for facilitating adoption once endorsed by a court and the Ministry of Women Affairs.

According to the applicant, this provision has legitimised the sale of children, institutionalised a black market for child trafficking, and emboldened traffickers, illegal orphanage operators, and complicit police officers to abduct children under the guise of adoption.

The suit further alleges that the proliferation of “orphanages” in Delta State—structures not recognised under the Child Rights Act 2003 — has become a major channel for trafficking.

Under the federal law, only Registered Children’s Homes are lawful, and children may only be admitted through valid placement orders issued by a Family Court.

By contrast, the applicant contends that children in Delta State are routinely and unlawfully admitted into orphanages without judicial oversight, a practice that has led to systemic abuses.

In addition, the Applicant challenges the Nigerian Police Force’s operation of Juvenile Welfare Centres (JWCs) within Delta State, arguing that these units have no legal foundation in the Child Rights Act. Instead of establishing the specialised Children Police Unit mandated by Section 207 of the Act, the Police allegedly created JWCs that have become conduits for exploitation, unlawful detention, and child disappearances.

The suit annexes a list of suspected trafficked children linked to the JWC in Delta State Police Command as part of its evidence.

The case is also anchored on events of September 2025, when there was media report of mass protests by hundreds of women in Agbarho over the abduction of children.

Demonstrators blocked major roads, paralysed commercial life, and accused police and government authorities of complicity in the weekly disappearances.

The protests, which spread to the palace of the Osuvie of Agbarho Kingdom and the local police station, highlighted what residents described as a terrifying pattern of child abductions that had persisted for over a year.

The Applicant contends that Nigeria’s refusal to heed earlier warnings, including a formal demand by Agbarho’s monarch for the removal of the local Divisional Police Officer, exemplifies the State’s failure to provide protection and redress.

In his legal arguments, Aghogho maintains that Nigeria’s failure to protect children’s rights violates Articles 4, 6, 7, 18, and 24 of the African Charter on Human and Peoples’ Rights, Articles 3, 19, 34, and 36 of the UN Convention on the Rights of the Child, and Sections 33–36 of the Nigerian Constitution. He further asserts that Section 136(1a) of the Delta State law is unconstitutional for conflicting with federal law and for enabling the commodification of children.

The Applicant asks the Court to declare that Nigeria’s tolerance of illegal orphanages and JWCs amounts to systemic violations of children’s rights to life, dignity, liberty, family life, due process, and protection. He seeks orders compelling the Defendant to immediately investigate and produce the missing children from Agbarho and across Nigeria, abolish all JWCs, shut down orphanages, and operationalise the specialised Children Police Unit envisaged under the Child Rights Act.

Aghogho also prays the Court to award compensatory and exemplary damages of $50,000 per trafficked child, direct the Nigerian government to amend its laws and policies to align with its international treaty obligations, and restrain it from perpetuating practices that endanger children.

The Applicant’s case is supported by annexed evidence, including a list of trafficked children linked to the JWC unit of the Delta State Police Command and an online publication of The Punch newspaper dated September 16, 2025, documenting the women-led protests.

The ECOWAS Court has notified the Attorney General of the Federation, who would represent Nigeria in the proceedings.

If the Defendant fails to respond within the stipulated 30 days, judgment may be delivered in its absence.

Saharareporters

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