SERAP’s claim that the laws are discriminatory failed to convince the regional court
The ECOWAS Court of Justice has dismissed a lawsuit filed to challenge the validity of Nigeria’s vagrancy laws, which criminalize loitering, being idle, and other vaguely defined behaviors. The suit, brought by the Socio-Economic Rights and Accountability Project (SERAP), argued that the laws disproportionately affect the poor and violate rights guaranteed under the African Charter on Human and Peoples’ Rights.
However, the court ruled that the applicant failed to prove that Nigeria’s enforcement of these laws constituted a breach of the Charter. The judges found no sufficient evidence demonstrating that the laws discriminated against or unjustly targeted any group.
This decision stands in contrast to a recent ECOWAS Court judgment against Sierra Leone, where similar laws were declared discriminatory. In that case, the court ruled that Sierra Leone’s vagrancy laws violated rights to dignity and freedom of movement.