he ECOWAS Court of Justice has mandated that Nigeria pay 2 million naira each to certain victims of the October 2020 #EndSARS protests in Lagos.
According to the News Agency of Nigeria (NAN), these protests were led by citizens against SARS, a unit of the Nigerian Police Force, at Lekki, Lagos, due to its alleged brutality.
In the judgment, Judge Rapporteur Justice Sengu Koroma stated that Nigeria must compensate each applicant with two million naira for violating their ‘rights to security of person.’
The court also ruled that Nigeria must pay this compensation for ‘violation of their rights to the prohibition of torture and cruel, inhuman, degrading treatment, rights to freedom of expression.’
Other bases for the compensation included violations of their ‘rights to assembly, and association, failure of duty to investigate human rights violations, and right to an effective remedy.’
Additionally, the court ordered Nigeria to adhere to its obligations under the African Charter on Human and Peoples’ Rights (ACHPR) by investigating and prosecuting those responsible for the violations.
The Nigerian government is required to report back to the court within six months on the steps taken to implement the judgment.
Justice Koroma emphasized that Nigeria violated Articles 1, 4, 6, 9, 10, and 11 of the ACHPR, which cover 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 court found no violation of the applicants’ right to life but noted that the applicants filed their claims in Vitam.
It was established that multiple articles of the ACHPR were breached by the Nigerian government, leading to fundamental human rights violations.
The court declared that the applicants were denied the right to ‘effective, immediate remedy’ and ordered reparations for the violation of their fundamental human rights.
The three-member panel included Justices Dupe Atoki (presiding) and Ricardo Claúdio Gonçalves.
The applicants, Obianuju Catherine Udeh, Perpetual Kamsi, and Dabiraoluwa Adeyinka, alleged that the violations occurred during peaceful protests at the Lekki Toll Gate in Lagos State between October 20 and 21, 2020.
The protests were sparked by the alleged killing of Daniel Chibuike and sought to address SARS’s ongoing harassment and brutality.
The first applicant claimed that soldiers shot protesters, resulting in deaths and injuries, which she live-streamed. She subsequently received threatening phone calls, forcing her into hiding and eventual asylum.
The second applicant, responsible for protesters’ welfare, alleged that soldiers began shooting after a power cut, leading to her hospitalization due to police tear gas.
The third applicant recounted narrowly escaping being shot, observing soldiers denying ambulance entry, and later witnessing inadequate hospital care for victims. She and her colleagues took over the victims’ care and faced ongoing threats and surveillance, believed to be by the respondent’s agents.
The applicants sought declaratory reliefs and compensation from the court for the alleged violations.
Nigeria, through its counsel, denied all claims made by the applicants. The government argued that the protesters unlawfully assembled at Lekki Toll Gate on October 20, 2020, under the guise of protesting against SARS.
The respondent maintained that its agents followed strict rules of engagement and did not shoot or kill protesters.
They argued that the first applicant incited the crowd by playing music and using her Instagram page to stir disaffection against law enforcement, which was targeting escapee members of Boko Haram and bandits.
The respondent contended that the second applicant’s provision of logistics and welfare support indicated her support for the violent protest.
The government claimed that soldiers were present to restore peace until the police arrived, denying any harm inflicted on protesters or refusal of ambulance access.
The respondent also denied that the third applicant’s presence was peaceful, asserting it was meant to escalate violence.
They argued that the treatment and care of the injured were managed by the Lagos State government and submitted that the applicants did not provide credible evidence to support their claims or the reliefs sought.