ECOWAS Court rules Nigeria violated human rights during #EndSARS protest

 

Abuja, Nigeria – The Community Court of Justice, ECOWAS, has ruled that the Federal Republic of Nigeria violated the human rights of Obianuju Udeh and two others during the peaceful protests at the Lekki Toll Gate in Lagos State on October 20 and 21, 2020.

The court found Nigeria in breach of Articles 1, 4, 6, 9, 10, and 11 of the African Charter on Human and Peoples’ Rights, specifically regarding the right to life, security of person, freedom of expression, assembly and association, prohibition of torture, the duty of the state to investigate, and the right to effective remedy.

The applicants, Obianuju Udeh, Perpetual Kamsi, and Dabiraoluwa Adeyinka, alleged these violations occurred during protests against the SARS unit of the Nigerian Police Force. The protests were sparked by the alleged killing of Daniel Chibuike and aimed to address police harassment and brutality.

Presiding Judge Koroma Sengu dismissed the allegation that the right to life, as guaranteed under Article 4 of the ACPHR, was violated. However, he mandated that the Federal Government pay each applicant N2 million as compensation for violations of their security of person, prohibition of torture and cruel, inhuman, and degrading treatment, rights to freedom of expression, assembly, and association, duty to investigate human rights violations, and right to effective remedy.

The judgment also required the Federal Government to adhere to its obligations under the African Charter on Human and Peoples’ Rights, investigate and prosecute its agents responsible for these violations, and report to the court within six months on the measures taken to implement the judgment.

The applicants claimed that during the protests, soldiers shot at protesters, resulting in deaths and injuries. They also alleged that they faced threats and harassment, with the first applicant, Obianuju Udeh, live-streaming the events and subsequently receiving threatening phone calls that forced her into hiding and eventual asylum. The second applicant, Perpetual Kamsi, was hospitalized due to police tear gas after soldiers began shooting following a power cut. The third applicant, Dabiraoluwa Adeyinka, recounted narrowly escaping being shot and observing soldiers refusing ambulance access to victims, who later received inadequate hospital care.

In response, the Nigerian government denied all claims, asserting that the protesters unlawfully assembled and that its agents followed strict rules of engagement, denying any shooting or killing of protesters. The government also argued that the first applicant incited the crowd and that the second applicant’s support for logistics and welfare indicated her backing for violent protests.

In its judgment, the court held that while there was no violation of the right to life, Nigeria breached several articles of the ACPHR, resulting in fundamental human rights violations. The court ordered reparations for the applicants and mandated the government to implement corrective measures.

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