Abuja-Kaduna train attack: Court rejects N50m compensation’s demand for each victim

The ECOWAS Court of Justice has rejected a claim filed by the Socio-Economic Rights and Accountability Project (SERAP), which sought N50 million in compensation for each victim of the Abuja-Kaduna train attack.

In March 2022, terrorists attacked the Abuja-Kaduna railway, detonating explosives on the rail line near Rigasa, Kaduna. The incident affected over 970 passengers, leading to fatalities, injuries, and abductions.

Delivering the judgment, Justice Dupe Atoki stated that SERAP’s claims were inadmissible due to the lack of “victim status” required under Article 10(d) of the ECOWAS Protocol for litigation.

Justice Atoki explained, “Although SERAP claimed to be acting in the public interest, the suit lacked ‘victim status,’ which is required for public interest litigation.”

The court acknowledged its jurisdiction to hear cases involving potential human rights violations within member states under Article 9(4) of the ECOWAS Supplementary Protocol. However, it noted that the suit did not qualify as a public interest action, or actio popularis, as it involved identifiable victims rather than a broad, indeterminate segment of the public.

“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 court ruled.

The court further stated that SERAP’s requested compensation should have been directed specifically to the individual victims of the attack, rather than a general public claim.

PlatinumPost also reported that around 150 victims remain unaccounted for since the incident.

The panel delivering the judgment included Justice Ricardo Gonçalves (presiding) and Justice Sengu