The Court of Justice of the Economic Community of West African States, ECOWAS, has found the Nigerian Government guilty of human rights abuses in its response to the EndSARS protest in October 2020.
The court particularly frowned on the country’s disproportionate use of force at the Lekki Toll Gate in Lagos.
The ruling, issued on July 10, 2024, mandates the Nigerian Government to pay a total of N10 million in compensation to each victim named in the suit.
Recall that a coalition of human rights activists and organizations, had approached the ECOWAS Court, alleging severe violations of fundamental human rights by Nigerian security forces.
Also, the Amnesty International submitted an Amicus Brief, which was declared admissible by the court.
After thoroughly examining evidence and testimonies, the court concluded that the Nigerian government’s was guilty as charged. It stated that its actions breached several international human rights standards. These included Articles 1, 5, 6, 9, 10, and 11 of the African Charter on Human and Peoples’ Rights.
Some of its key findings by the court included credible evidence of disproportionate use of force and violations of the right to liberty and security, assembly, free speech, and dignity.
The ECOWAS Court held that the use of force was not necessary. And, therefore, contravened the respondent state’s obligations under the African Charter.
The court found that the situation at the Lekki tollgate, where live rounds were shot into the crowd of unarmed protesters, created a situation of fear. It stated that the Nigerian Government did not present evidence refuting those allegations.
The ECOWAS Court further held that Nigeria failed to allow and afford the applicants their rights to freedom of expression, assembly, and association. Therefore, violating the applicants’ rights under Articles 9, 10 and 11 of the African Charter.
The court also held that the Nigerian Government’s actions were inconsistent with Nigeria’s obligations under the ECOWAS Revised Treaty and the African Charter on Human and Peoples’ Rights.
It held that the quasi-mechanism set up by the respondent state to investigate the allegations of abuse at the Lekki toll gate lacked independence and was questionable. “The State, therefore, failed in its duty of effective remedy under Article 1 of the African Charter.
The ECOWAS Court, therefore, ordered the Federal Government to pay N10 million each in compensation to the applicants.
Additionally, the Nigerian Government has been mandated to conduct investigations into the human rights abuses that occurred to implement the outcomes of said investigations.
Also the Government is ordered to report to the court in six months with an update on the compensation and progress of the inquiry.
Reacting to the judgment, Bolaji Gabari (lead counsel for the applicants) stated: “This ruling is a significant victory for the #EndSARS movement. It is an acknowledgement that citizens’ rights were violated and abuses occurred at Lekki Toll Gate.
“We urge the Nigerian Government to comply fully with the court’s orders. And to take immediate steps to address the systemic issues identified in the judgment,” Gabari said.
Mojirayo Ogunlana, a counsel to the applicants, said that the journey has been a torturous one to this victory. She pointed that litigation began on the 10th of December 2021.
She recalled that the Nigerian Government, as respondents in the case, failed to show up. And did not put in defence until 2023. When, in its address, it claimed, amongst others, that the #EndSARS peaceful protest was unlawful and perpetuated by hoodlums.
Ogunlana expressed joy at the closure occasioned for the applicants and Nigerians who were witnesses to the abuse and violation on the 20th of October.
The Executive Director at Gavel, coordinating organization for the coalition, Nelson Olanipelun expressed happiness at the outcome of the case.
He said: “The landmark ruling by the ECOWAS Court in favour of EndSARS victims is a powerful affirmation of justice. It is a significant step towards healing and accountability for the Lekki Tollgate tragedy.”
Recall that in December 2021, three victims brought a case before the ECOWAS Court, Obianuju Catherine, aka DG Switch, and 2 others v. Federal Republic of Nigeria (ECW/CCJ/APP/72/2021). The went to seek justice for themselves and those impacted by the violations.
source: Daily Post
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