Daud Olatunji
In a landmark judgment delivered on July 10, 2024, the Community Court of Justice of the Economic Community of West African States (ECOWAS) found Nigeria guilty of violating the human rights of Obianuju Catherine Udeh, Perpetual Kamsi, and Dabiraoluwa Adeyinka.
PLATFORM TIMES reports that the ruling concluded that Nigeria breached several articles of the African Charter on Human and Peoples’ Rights during the #EndSARS protests at the Lekki Toll Gate in Lagos State on October 20 and 21, 2020.
The court identified violations of Articles 1, 4, 6, 9, 10, and 11, which encompass the right to life, security of person, freedom of expression, assembly and association, prohibition of torture, the state’s duty to investigate, and the right to an effective remedy.
The judgment, delivered by Justice Koroma Mohamed Sengu,however, dismissed the claim that the right to life under Article 4 was violated but acknowledged significant breaches of other rights.
The Applicants—Udeh, Kamsi, and Adeyinka—alleged multiple human rights violations during the peaceful protests, sparked by widespread anger over police brutality, particularly actions by the SARS unit.
The First Applicant, Udeh, provided harrowing accounts of soldiers shooting at protesters, which she live-streamed, leading to threats and her eventual asylum.
Kamsi, responsible for protesters’ welfare, detailed the chaos and her hospitalisation following a police tear gas attack.
Adeyinka described narrowly escaping gunfire and witnessing soldiers’ refusal to allow ambulances to treat the injured.
The court’s ruling mandates that the Nigerian government pay each Applicant Two Million Naira (N2 million) as compensation for the violations.
Additionally, the government must fulfill its obligations under the African Charter on Human and Peoples’ Rights by investigating and prosecuting those responsible for the violations and reporting to the court within six months on the measures taken.
In response, the Nigerian government denied all allegations, asserting that the protesters were unlawfully assembled and that its agents adhered to strict rules of engagement.
The government claimed the First Applicant incited the crowd using her social media platform and that the Second Applicant’s logistical support indicated backing for violent protests.
It also argued that the Third Applicant’s presence was intended to escalate violence, denying any harm to protesters or refusal of ambulance access.
Despite the government’s denials, the court found significant breaches of human rights, declaring that the Applicants were denied effective remedies and ordering reparations.
The three-judge panel, including Honourable Justices Dupe Atoki and Ricardo Claúdio Monteiro Gonçalves, stressed the need for Nigeria to address and rectify the violations to ensure justice and uphold human rights standards.
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