THE Court of Justice of the Economic Community of West African States (ECOWAS), has found the Federal Government guilty of violating the fundamental human rights of youths that participated in the October 2020, EndSARS protest.
The court, in a unanimous decision by a three-man panel of Justices, 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.
Specifically, the court 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, duty of the state to investigate, and the right to 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.
The regional court, in its lead judgement that was delivered by the Judge Rapporteur, Justice Koroma Mohamed Sengu, dismissed the Applicants’ allegation that their right to life as guaranteed under Article 4 of the ACPHR, was violated.
However, it ordered FG to pay each of the applicants the sum of N2million 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, it held that FG must adhere to its obligations under the ACPHR, by investigating and prosecuting its agents responsible for the violations.
The court ordered FG 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.=
Triggered by the alleged killing of one Daniel Chibuike, the protests were aimed to address police harassment and brutality.
In the suit, the 1st Applicant, among other things, told the court that soldiers shot live 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 not only to 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.
