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For three #EndSARS protesters, it was a long walk to justice as the Community Court of Justice, of the Economic Community of West African States ECOWAS, has ruled that the Federal Republic of Nigeria violated their human rights.
The Matrix gathers that three applicants, Obianuju Udeh, Perpetual Kamsi and Dabiraoluwa Adeyinka had dragged Nigeria to the court alleging that their rights were violated during the peaceful protests at the Lekki Toll Gate in Lagos State on October 20 and 21, 2020.
The #EndSARS protest erupted in numerous Nigerian cities in October 2020.
The applicants alleged that during the peaceful protests against the Special Anti-Robbery Squad SARS unit of the Nigerian Police Force at Lekki Toll Gate 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, described how soldiers began shooting after a power cut, leading to her hospitalisation due to police tear gas.
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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 the respondent’s agents.
The applicants sought declaratory relief and compensation from the court for these violations.
The respondent 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 respondent also maintained that its agents followed strict rules of engagement and did not shoot or kill protesters.
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 logistics and welfare support provision indicated her support for the violent protest.
Delivering judgement, 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, prohibition of torture, the duty of the state to investigate, and the right to effective remedy.
The presiding judge, Justice Koroma Sengu, who delivered the judgment, dismissed the allegation that the right to life as guaranteed under article 4 of the ACPHR is violated.
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He, however, said that the Federal Government must 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
Additionally, he said the Federal Government must 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 this judgment.
Meanwhile, Amnesty International on Wednesday hailed the ruling of the ECOWAS Court, which ordered the Federal Government to conduct a fresh investigation into rights violations that occurred during the October 2020 #EndSARS protests across Nigeria.
The Director Amnesty International Nigeria, Isa Sanusi, in a statement reiterated the organisation’s commitment to upholding human rights standards and ensuring accountability for perpetrators.
“Amnesty International welcomes the ruling of the Court that orders the government of Nigeria to conduct a new investigation of rights violations that occurred during the October 2020 #EndSARS protests across Nigeria, in line with its duty to promote and protect human rights under international law, prosecute perpetrators, and provide redress to victims.
“In response to applicants’ Catherine Udeh & Ors case against the harassment and brutality of the notorious and disbanded Special Anti-Robbery Squad (SARS) the ECOWAS Court of Justice delivered its judgment today finding violations of the applicants’ right to liberty and security, freedom of expression and association, right to freedom of assembly and effective remedy.
“Amnesty International was a friend of the court in the case and made submissions that (1) the right to life is violated by use of lethal force on peaceful protesters, (2) that freedom of peaceful assembly is violated by the unlawful dispersal of peaceful assemblies (3) and that the individuals whose rights have been violated have the right to effective remedy.”
