ECOWAS Court orders Abuja to pay N10m compensation after finding Nigeria guilty of human rights violations
By Jeph Ajobaju, Chief Copy Editor
Nigeria has been ordered by the Economic Community of West African States (ECOWAS) Court of Justice to pay N10 million each to victims of the EndSars protest in 2020 – during which former President Muhammadu Buhari deployed troops to massacre youths who agitated peacefully for police to stop maltreating them.
The court found the Nigerian government guilty of human rights abuses in its response to the protest and particularly decried disproportionate use of force at the Lekki Toll Gate in Lagos where many people were gunned down and the corpses removed to hide the evidence.
The ruling on July 10 mandates Abuja to pay a total N10 million in compensation to each victim named in the lawsuit filed by a coalition of human rights activists and organisations who alleged severe violations of fundamental human rights by Nigerian security forces.
Amnesty International also submitted an Amicus Brief the court declared admissible.
Three victims filed the suit in December 2021 – Obianuju Catherine, also known as DG Switch, and 2 others v. Federal Republic of Nigeria (ECW/CCJ/APP/72/2021) – seeking justice for themselves and others impacted by the violations.
The court ruled the actions of Nigerian government breached several international human rights standards, including Articles 1, 5, 6, 9, 10, and 11 of the African Charter on Human and Peoples’ Rights.
The court found:
Credible evidence of disproportionate use of force and violations of the right to liberty and security, assembly, free speech, and dignity.
Use of force was not necessary and contravened the respondent state’s obligations under the African Charter.
The situation at Lekki Toll Gate, where live rounds were fired into the crowd of unarmed protesters, created a situation of fear, and the government did not present evidence refuting those allegations.
The respondent state failed to allow and afford the applicants their rights to freedom of expression, assembly, and association, therefore violated the applicants’ rights under Articles 9, 10 and 11 of the African Charter.
The government’s actions were inconsistent with Nigeria’s obligations under the ECOWAS Revised Treaty and the African Charter on Human and Peoples’ Rights.
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 Nigerian government should conduct investigations into the human rights abuses that occurred to implement the outcomes of said investigations.
The government is to report to the court in six months with an update on the compensation and progress of the inquiry.
“This ruling is a significant victory for the #EndSARS movement, an acknowledgement that citizens’ rights were violated and abuses occurred at Lekki Toll Gate,” applicants’ lead counsel Bolaji Gabari said after the judgment.
“We urge the Nigerian government to comply fully with the court’s orders and take immediate steps to address the systemic issues identified in the judgment.”
Another applicants’ counsel Mojirayo Ogunlana recounted the journey to the victory began on 10 December 2021 and noted the Nigerian government failed to show up to put in defence until 2023 in which it claimed, among others, the #EndSARS peaceful protest was unlawful and perpetuated by hoodlums.
Ogunlana expressed delight at the closure for the applicants and other Nigerians who witnessed the abuse and violation of human rights.
Nelson Olanipekun, Executive Director at Gavel, coordinating organisation for the coalition, said: “The landmark ruling by the ECOWAS Court in favour of EndSARS victims is a powerful affirmation of justice and a significant step towards healing and accountability for the Lekki Tollgate tragedy.”
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