ECOWAS Court Fined FG N2m For Violating EndSARS Protesters’ Rights

The Community Court of Justice, ECOWAS, has ordered the payment of N2m be paid as compensation to Obianuju Catherine Udeh and two others by the Federal Republic of Nigeria for violating their human rights.

The court found Nigeria in breach of Articles 1, 4, 6, 9, 10, and 11 of the African Charter on Human and Peoples’ Rights, specifically pertaining to 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.

The court held that Nigeria violated their rights, adding that the security agents responsible for the offences should be prosecuted and report to the court within six months on the measures taken to implement this judgment.

The applicants, Obianuju Udeh, Perpetual Kamsi, and Dabiraoluwa Adeyinka alleged that these violations occurred during the peaceful protests at the Lekki Toll Gate in Lagos State on October 20 and 21, 2020.

The first applicant, Udeh alleged that the soldiers shot protesters, resulting in deaths and injuries, which she live-streamed, subsequently receiving threatening phone calls that forced her into hiding and eventual asylum.

The second applicant, responsible for protesters’ welfare, describes how soldiers began shooting after a power cut, leading to her hospitalisation due to police tear gas.

The third applicant claimed she narrowly escaped being shot, observed the refusal of ambulance entry by soldiers, and later witnessed inadequate hospital care for victims.

She argued that she and her colleagues took over the victims’ care and she faced ongoing threats and surveillance, believed to be by Respondent’s agents.

The Applicants 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.

In an email sent to our correspondent from the court, Justice Koroma Sengu, said the court dismissed the allegation that the right to life as guaranteed under Article 4 of the ACPHR was violated.

The correspondence read,” The Community Court of Justice, ECOWAS, On July 10, 2024, ruled that the Federal Republic of Nigeria violated the human rights of Obianuju Catherine Udeh and two others.
The Court found Nigeria in breach of Articles 1, 4, 6, 9, 10, and 11 of the African Charter on Human and Peoples’ Rights, specifically pertaining to 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.

“Justice Koroma Mohamed Sengu, the Judge Rapporteur, who delivered the judgment said that the Court dismissed the allegation that the right to life as guaranteed under Article 4 of the ACPHR is violated.

“However, he said that the Respondent must pay each Applicant Two Million Naira 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, the Respondent must adhere to its obligations under the African Charter on Human and Peoples’ Rights, investigate and prosecute its agents responsible for these violations, and report to the Court within six months on the measures taken to implement this judgment.”

The court said the respondent denied all claims made by the applicants, stating that the protesters unlawfully assembled at Lekki Toll Gate on October 20, 2020, under the guise of protesting against SARS.

The respondent also maintained that its agents followed strict 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 provision of logistics and welfare support 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 court said.

The respondent also denied that the third applicant’s presence was peaceful, asserting it was meant to escalate violence.

The FG argued that the treatment and care of the injured were managed by the Lagos State government and submitted that the Applicants have not provided credible evidence to support their claims, or the reliefs sought.