By Emmanuel Nduka
The Court of Justice of the Economic Community of West African States (ECOWAS) has found the Nigerian Government guilty of violating the fundamental human rights of youths who participated in the EndSARS protest in October 2020.
Under the leadership of Nigerian President, Bola Tinubu as ECOWAS Chairman, the regional court in a unanimous judgement by a three-man panel of Justices on Wednesday, held that there was merit in a suit that three participants in the protest- Obianuju Catherine Udeh, Perpetual Kamsi and Dabiraoluwa Adeyinka- lodged before it.
Heritage Times HT reports that President Tinubu of Nigeria had acknowledged the significance of the EndSARS protests, emphasizing the need to listen to the demands of the youth and address the issues they raised.
Tinubu had also expressed his commitment to ensuring that the grievances of the protesters are addressed and that the incidents that led to the protests are thoroughly investigated.
In its ruling, the ECOWAS court specifically held that the Federal Republic of Nigeria, through its security agencies, violated Articles 1, 4, 6, 9, 10, and 11 of the African Charter on Human and Peoples’ Rights, ACPHR, pertaining to 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 an effective remedy.
The Applicants had, in their suit, alleged that these violations occurred during peaceful protests they held at the Lekki Toll Gate in Lagos State on October 20 and 21, 2020.
In its lead judgement that was delivered by the Judge Rapporteur, Justice Koroma Mohamed Sengu, the regional court dismissed the Applicants’ allegation that their right to life as guaranteed under Article 4 of the ACPHR, was violated.
However, it ordered the Federal Government to pay each of the Applicants the sum of 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.
It further held that the Federal Government must adhere to its obligations under the ACPHR, by investigating and prosecuting its agents responsible for the violations.
The court ordered the Government to, within the next six months, report to it, measures taken to implement the judgment.
The Applicants had 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.
In the suit, the 1st Applicant, among other things, told the court that soldiers shot life ammunition at protesters, resulting in deaths and injuries, which she live-streamed.
She told the court that subsequently, she started receiving threatening phone calls that forced her not to only go into hiding, but to also seek asylum.
Likewise, the 2nd Applicant, who said she was responsible for the welfare of the protesters, described how soldiers began shooting after a power cut, leading to her hospitalisation due to excessive tear gas she inhaled.
On her part, the 3rd Applicant narrated how she narrowly escaped being shot and how soldiers refused to allow an ambulance to enter the protest ground to help the injured participants.
She further told the court that she later witnessed how the victims were neglected without the provision of adequate healthcare for them at the hospital.
The 3rd Applicant told the court that she eventually took over and started taking care of the victims and alleged that she faced numerous threats and was placed on surveillance by security agents.
Consequently, all the Applicants prayed the court to issue declaratory reliefs against the Federal Government and award compensation to them for the gross violations of their fundamental human rights.
Meanwhile, in processes it filed before the court, the Federal Government, through its team of lawyers, denied all the allegations and claims that were made by the Applicants.
It told the court that the protesters unlawfully assembled at Lekki Toll Gate on October 20, 2020, under the guise of protesting against SARS.
The Federal Government also maintained that its agents followed strict rules of engagement and did not shoot or kill protesters and argued that the 1st Applicant incited the crowd by playing music and using her Instagram page to stir disaffection against law enforcement agents who were targeting escapee members of Boko Haram and bandits.
It further contended that the 2nd Applicant’s provision of logistics and welfare packages indicated her support for the violent protest and claimed that soldiers were present to restore peace until the police arrived, denying any harm inflicted on protesters and the alleged refusal to access to the ambulance.
More so, the Government denied that the 3rd Applicant’s presence was peaceful, asserting that, it was meant to escalate violence.
It argued that the treatment and care of the injured were managed by the Lagos State government, insisting that the Applicants failed to provide credible evidence to support their claims and the reliefs the sought from the court.
In its judgment on Wednesday, the court held that it could not establish that there was a violation of the right to life as the applicants failed to adduce any evidence to that effect.
Nevertheless, it held that several articles of the ACHPR were breached by the Respondent (FG), which occasioned fundamental breaches of human rights and held that, it was satisfied 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.
