The ECOWAS Court of Justice has dismissed an application by the Federal Government of Nigeria seeking a revision of its earlier judgement in favour of Gregory Todd, an Australian national whose passport was seized by the Economic and Financial Crimes Commission (EFCC).
In a ruling delivered on Tuesday, a three-member panel of the court held that Nigeria failed to present any new facts warranting a review of the judgement delivered on 6 November 2023, which found that the seizure of Mr Todd’s passport violated his right to freedom of movement.
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The panel, led by Ricardo Cláudio Monteiro Gonçalves, with Gberi-be Ouattara and Edward Amoako Asante as members, delivered its decision in suit number ECW/CCJ/APP/56/21/REV.
In the original judgement marked ECW/CCJ/JUD/41/23, the court had ruled that the EFCC’s prolonged withholding of Mr Todd’s passport was arbitrary and unlawful.
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It ordered the Nigerian government to pay Mr Todd $10,000 in damages for the rights violation and dismissed other claims.
Following the ruling, the Nigerian government, relying on Articles 92 and 93 of the court’s rules, filed a post-judgement application for revision, alleging the discovery of new facts, on 5 April 2024—five months after the judgement.
However, the court found that the Nigerian government failed to submit any new facts as required by Article 27 of the Protocol of the Court (as amended). Instead, the application merely restated legal arguments already raised and decided in the earlier proceedings.
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But the Nigerian government argued that the ECOWAS Court lacked jurisdiction to hear Mr Todd’s application as a foreign national.
The Nigerian government also said the court improperly exercised appellate jurisdiction over decisions of Nigerian courts and Mr Todd’s complaint was inadmissible, having been previously resolved by the Federal High Court in Abuja.
Ruling
The court rejected all three points, ruling that the issues had been addressed in the original case and did not amount to new facts capable of triggering a revision.
The court held that the request was legally baseless, inadmissible under the court’s protocol, and an abuse of its post-judgment procedure.
The court dismissed the application and ordered the Nigerian government to comply fully with the November 2023 ruling, including the payment of the $10,000 compensation to Mr Todd.
The court asked the Nigerian government to bear the costs incurred by Mr Todd in responding to the revision application.
Background
Mr Todd arrived in Nigeria in December 2017 to implement development projects aimed at employment generation, particularly in Akwa Ibom State, South-south Nigeria.
He claimed his business, Serge, had investment pipelines from Australia, Europe, the UAE, and China, with a planned start date of early 2018.
However, on 23 July 2019, EFCC operatives seized his Australian passport (No. N1819485), stalling his movement and disrupting his activities.
Despite numerous appeals and petitions—including to then-President Muhammadu Buhari and the National Assembly—Mr Todd’s passport was never returned and eventually expired.
Mr Todd alleged that he faced harassment, extortion attempts, and targeted efforts by certain individuals to hijack his projects.
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He further claimed the EFCC failed to grant him a fair hearing, even during the COVID-19 pandemic, when foreign nationals were allowed to return home.
The prolonged detention of his passport, he said, left him stranded in Nigeria for over two years, separated from his family, and unable to travel—amounting to a gross violation of his fundamental rights.
The Arewa Public and Security Analysts Forum reportedly wrote to the EFCC’s acting chairman at the time, Mohammed Umar, appealing for intervention.
Mr Todd’s case adds to mounting criticism over the operations of Nigeria’s anti-graft agencies, particularly the EFCC, which has faced allegations of abuse of power, prolonged investigations, and selective enforcement under the leadership of its suspended chairman, Ibrahim Magu.
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