THE Community Court of Justice, ECOWAS, has determined that the Federal Republic of Nigeria infringed upon the human rights of Obianuju Udeh and two others.
The court concluded that Nigeria had violated Articles 1, 4, 6, 9, 10, and 11 of the African Charter on Human and Peoples’ Rights, specifically concerning the right to life, security of person, freedom of expression, assembly and association, prohibition of torture, the duty of the state to investigate, and the right to an effective remedy.
These violations were alleged to have taken place during peaceful protests at the Lekki Toll Gate in Lagos State on October 20 and 21, 2020. Presiding Judge Justice Koroma Sengu ruled that while the right to life as guaranteed under Article 4 of the ACPHR was not violated, the Federal Government was directed to compensate each applicant N2 million for breaches of their security of person, prohibition of torture, rights to freedom of expression, assembly, and association, duty to investigate human rights violations, and right to an effective remedy.
Furthermore, the court mandated that the Federal Government adhere to its obligations under the African Charter on Human and Peoples’ Rights, investigate and prosecute any responsible agents for these violations, and report back to the court within six months on the actions taken to enforce the judgment.
The applicants claimed that during the protests against the SARS unit of the Nigerian Police Force at Lekki Toll Gate, the respondent committed numerous human rights violations.
The protests incited by the reported killing of Daniel Chibuike aimed to address police harassment and brutality.
The first applicant alleged that soldiers shot protesters resulting in deaths and injuries, an incident she live-streamed.
Following this, she received threatening phone calls, leading her to go into hiding and seek asylum.
The second applicant, responsible for protesters’ welfare, described how soldiers started shooting after a power cut, leading to her hospitalization due to police tear gas.
The third applicant recounted narrowly escaping being shot, witnessed soldiers blocking ambulance entry, and later observed inadequate hospital care for victims.
She revealed how she and her colleague had taken on the victims’ care and faced ongoing threats and surveillance believed to be from the respondent’s agents.
The respondent however refuted all claims made by the applicants, stating that the protesters unlawfully assembled at the Lekki toll gate under the guise of protesting against SARS.
They maintained that their agents followed rules of engagement and did not shoot or kill protesters.
It argued that the first applicant incited the crowd by playing music and using her Instagram page to stir disaffection against law enforcement, who were targeting escapee members of Boko Haram and bandits.
The respondent contended that the second applicant’s logistics and welfare support provision indicated her support for the violent protest.
It claimed that soldiers were present to restore peace until the police arrived, denying any harm inflicted on protesters and the refusal of ambulance access.
The respondent also denied that the third applicant’s presence was peaceful, asserting it was meant to escalate violence.
It argued that the Lagos State Government managed the treatment and care of the injured and submits that the applicants have not provided credible evidence to support their claims, or the reliefs sought.
In its judgment, the court found there was no violation of the right to life.
However, the court held that the respondent breached several articles of the ACPHR which occasioned fundamental breaches of human rights violation therein.
Furthermore, the court declared that the applicants were denied the right to an effective remedy.
The court ordered that the respondent make reparations to the applicants for the violation of their fundamental human rights.
