NO MERCY? SEE Amount Tinubu’s Government Will Pay #EndSARS Victims As ECOWAS Court Declares FG Guilty Of Right Violations
The Community Court of Justice of the Economic Community of West African States (ECOWAS) has delivered a landmark ruling, finding the Federal Republic of Nigeria guilty of multiple human rights violations during the #EndSARS protests at Lekki Toll Gate, Lagos, in October 2020. This judgment follows the allegations brought by three Nigerian nationals: Obianuju Udeh, Perpetual Kamsi, and Dabiraoluwa Adeyinka.
The court’ s ruling cited breaches of several articles of the African Charter on Human and Peoples’ Rights, including the right to life, security of person, freedom of expression, assembly and association, the prohibition of torture, the duty of the state to investigate, and the right to effective remedy. While the presiding judge, Justice Koroma Sengu, dismissed the specific allegation concerning the right to life, the court acknowledged significant violations of other fundamental human rights.
Protest
The #EndSARS protests, which gained international attention, were sparked by widespread reports of police brutality, culminating in a pivotal moment at Lekki Toll Gate on October 20 and 21, 2020. The peaceful demonstrations were reportedly met with violent suppression by the Nigerian military, resulting in numerous injuries and fatalities among the protesters.
Obianuju Udeh, one of the applicants, documented the events live on social media, capturing the chaos as soldiers opened fire on the unarmed protesters. Udeh later received threats, compelling her to seek asylum. Perpetual Kamsi, another applicant, was responsible for logistical support during the protests and recounted her experience of being tear- gassed by police, leading to her hospitalization. Dabiraoluwa Adeyinka narrowly escaped being shot and described the obstruction of medical aid by soldiers, who barred ambulances from assisting the wounded.
In their plea to the court, the applicants sought acknowledgment of the violations and appropriate compensation. The Nigerian government, however, refuted all accusations, claiming the protesters had unlawfully assembled and that the military followed strict rules of engagement without any use of lethal force. The government further accused Udeh of inciting violence through social media and claimed Kamsi’ s logistical role suggested her support for violent protests.
Despite the government’ s denials, the court ruled in favor of the applicants, mandating the Nigerian government to pay each applicant N2 million in compensation for the violations of their rights to security, freedom of expression, assembly, and protection against torture and inhuman treatment. Additionally, the court ordered the government to investigate and prosecute those responsible for these violations and report back within six months on the measures taken to comply with the judgment.
The ruling has been hailed by human rights organizations, including Amnesty International, as a significant victory for justice and accountability in Nigeria. The #EndSARS protests have underscored the urgent need for police reform and greater protection of civil liberties in the country.
This judgment not only emphasizes the need for the Nigerian government to uphold its obligations under international human rights law but also serves as a powerful reminder of the critical role of judicial bodies in safeguarding human rights against state abuses. The court’ s decision is expected to have far- reaching implications for the protection of human rights in Nigeria and across the ECOWAS region.
The applicants’ victory in this case represents a crucial step towards addressing the systemic issues of police brutality and impunity in Nigeria. It is a call to action for the government to undertake comprehensive reforms to prevent such violations from recurring in the future. The court’ s directive for the government to report back on its compliance within six months will be closely monitored by human rights advocates and the international community, ensuring that this ruling translates into tangible actions and meaningful change.
As Nigeria moves forward, this judgment provides a beacon of hope for those who continue to fight for justice and human rights, reaffirming the principle that states are accountable for the protection of their citizens’ rights. The ECOWAS Court’ s decision is a testament to the resilience of the #EndSARS movement and the enduring power of collective action in the face of adversity.
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