THE ECOWAS Community Court of Justice has ruled that the Nigerian government breached the African Charter on Human and Peoples’ Rights in its handling of the 2000 ENDSARS protests.
On Wednesday, July 10, the court fined the country N2 million, to be paid to three victims whose rights were violated by soldiers and other security operatives at the Lekki Toll Gate in Lagos State, where the largest number of protesters converged.
According to the court, the fine was a compensation for the violations of 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 for the complainants.
The applicants were Obianuju Catherine Udeh, Perpetual Kamsi and Dabiraoluwa Adeyinka.
The court ruled that the Nigeria government violated Articles 1, 4, 6, 9, 10, and 11 of the African Charter on Human and Peoples’ Rights, specifically pertaining to the right to life, security of person, freedom of expression, assembly and association, prohibition of torture, duty of the state to investigate, and the right to an effective remedy.
Furthermore, the court declared that the applicants were denied the right to an effective remedy. It ordered that the respondent make reparations to the applicants for the violation of their fundamental human rights.
Three justices of the court namely Koroma Mohamed Sengu (rapporteur who delivered the ruling), Dupe Atoki, (presiding judge), and Ricardo Claúdio Monteiro Gonçalves, ruled that the Nigerian government must adhere to its obligations under the Charter, investigate and prosecute its agents responsible for the violations, and report to the court within six months on the measures taken to implement the judgment.
Meanwhile, the court dismissed the claimants’ allegation that their right to life as guaranteed under Article 4 of the ACPHR was violated.
The applicant’s arguments
The applicants alleged that during the peaceful protests against the SARS Unit of the Nigerian Police Force at Lekki Toll Gate, Lagos State, on October 20 and 21, 2020, the respondent committed several human rights violations.
“Triggered by the alleged killing of Daniel Chibuike, the protests aimed to address police harassment and brutality. The first applicant’s claims include that the soldiers shot protesters, resulting in deaths and injuries, which she live-streamed, subsequently receiving threatening phone calls that forced her into hiding and eventual asylum.
“The second applicant, responsible for protesters’ welfare, describes how soldiers began shooting after a power cut, leading to her hospitalisation due to police tear gas.”
Similarly, the third applicant recounted narrowly escaping being shot, observing the refusal of ambulance entry by soldiers, and later witnessing inadequate hospital care for victims.
She argued that she and her colleagues took over the victims’ care and she faced ongoing threats and surveillance, believed to be by respondent’s agents. The applicants sought declaratory reliefs and compensation from the court for these violations.
Nigerian government denies claims
The defendant denied all claims by the applicants. It said the officers who allegedly shot protesters were searching for escapee Boko Haram members.
It denied that the military shot any protesters and claimed that soldiers at the scene followed their rules of engagement.
Besides, it alleged that the protesters unlawfully assembled at Lekki Toll Gate under the guise of protesting against SARS.
“It argued that the first applicant incited the crowd by playing music and using her Instagram page to stir disaffection against law enforcement, who were targeting escapee members of Boko Haram and bandits. The respondent contended that the second applicant’s provision of logistics and welfare support indicated her support for the violent protest.
“It claimed that soldiers were present to restore peace until the police arrived, denying any harm inflicted on protesters and the refusal of ambulance access. The respondent also denied that the third applicant’s presence was peaceful, asserting it was meant to escalate violence. It argued that the treatment and care of the injured were managed by the Lagos State government and submits that the applicants have not provided credible evidence to support their claims, or the reliefs sought.”
The ICIR reports that ENDSARS protests targeted scrapping the notorious Special Anti-Robbery Squad (SARS), but it ended up making more citizens victims of the police and other security officers’ brutality as many Nigerians were reportedly killed during the protest.
The protest also led to the destruction of critical infrastructures and looting of food warehouses and other stores where essential items were stored across the nation.
Despite the protests, police brutality has yet to abate in the nation.
