The ECOWAS Court of Justice in Abuja Wednesday ruled that Nigeria violated the rights of citizens during the 2020 anti-police brutality demonstrations, popularly tagged EndSARS protests.
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 on the right to life, security of person, freedom of expression, assembly and association.
The Violations
The applicants alleged that these violations occurred during the peaceful protests at the Lekki Toll Gate in Lagos State on October 20 and 21, 2020. The protests were triggered by the alleged killing of Daniel Chibuike and aimed to address police harassment and brutality. The first applicant, Obianuju Udeh, claimed that 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, Perpetual Kamsi, described how soldiers began shooting after a power cut, leading to her hospitalization due to police tear gas. The third applicant, Dabiraoluwa Adeyinka, recounted narrowly escaping being shot, observing the refusal of ambulance entry by soldiers, and later witnessing inadequate hospital care for victims.
The Court’s Ruling
The ECOWAS Court found credible evidence of disproportionate use of force and violations of the right to liberty and security, assembly, free speech, and the prohibition of torture. However, the court dismissed the allegation that the right to life as guaranteed under Article 4 of the ACPHR was violated. Instead, the court ordered the Nigerian government to 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 Judge’s Decision
Justice Koroma Sengu, who delivered the judgment, emphasized that the Federal Government must adhere to its obligations under the African Charter on Human and Peoples’ Rights. He mandated the government to investigate and prosecute its agents responsible for these violations and report to the court within six months on the measures taken to implement this judgment.
The Respondent’s Defense
The Nigerian government denied all claims made by the applicants, asserting that the protesters unlawfully assembled at the Lekki toll gate on October 20, 2020, under the guise of protesting against SARS. The government claimed that its agents followed strict rules of engagement and did not shoot or kill protesters. It also argued that the applicants incited the crowd, provided logistics and welfare support for the violent protest, and were present to escalate violence.
The Court’s Verdict
The court declared that the applicants were denied the right to an effective remedy. The ECOWAS Court ordered the Nigerian government to make reparations to the applicants for the violation of their fundamental human rights. The court’s decision affirmed the violation of the rights of three Nigerians, Obianuju Catherine Udeh, Perpetual Kamsi, and Dabiraoluwa Adeyinka.
Conclusion
The ECOWAS Court’s ruling is a significant step towards justice for the victims of human rights violations during the EndSARS protests. The court’s decision underscores the importance of upholding human rights and ensuring accountability for such violations. The Nigerian government must now take concrete steps to investigate and prosecute those responsible for these violations, as mandated by the court.