ECOWAS Court Finds Nigeria In Breach Of Multiple ACHPR Articles Resulting In Several Human Rights Violations

The ECOWAS Community Court of Justice ruled that Nigeria violated the human rights of Obianuju Catherine Udeh and two others.

The Court determined that Nigeria violated Articles 1, 4, 6, 9, 10, and 11 of the African Charter on Human and Peoples’ Rights, specifically 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 applicants, Obianuju Catherine Udeh, Perpetual Kamsi, and Dabiraoluwa Adeyinka, claimed that these violations took place on October 20 and 21, 2020, during peaceful protests at the Lekki Toll Gate in Lagos State.

The Judge Rapporteur, Justice Koroma Mohamed Sengu, dismissed the claim that Article 4 of the ACPHR violates the right to life. However, he stated that the Respondent must pay each Applicant N2 million in compensation for violations of their person security, the prohibition of torture and cruel, inhuman, and degrading treatment, the rights to freedom of expression, assembly, and association, the duty to investigate human rights violations, and the right to an effective remedy.

Furthermore, the Respondent must comply with its obligations under the African Charter on Human and Peoples’ Rights, investigate and prosecute those responsible for these violations, and report to the Court within six months on the steps taken to carry out this judgement.

The Applicants claimed that the Respondent violated several human rights during peaceful protests against the Nigerian Police Force’s SARS Unit at Lekki Toll Gate, Lagos State, on October 20 and 21, 2020.

The protests were sparked by the alleged killing of Daniel Chibuike and aimed to address police harassment and brutality. The First Applicant claims that soldiers shot protesters, resulting in deaths and injuries, which she live-streamed before receiving threatening phone calls, forcing her into hiding and eventually asylum. The Second Applicant, who is in charge of protesters’ welfare, describes how soldiers began shooting after a power outage, which led to her hospitalisation due to police tear gas. The Third Applicant described narrowly avoiding being shot, soldiers refusing ambulance entry, and later witnessing inadequate hospital care for victims.

She claimed that she and her colleagues took over the victims’ care, and that she was subjected to ongoing threats and surveillance by Respondent agents. The Applicants asked the Court for declaratory relief and compensation for these violations.

The Respondent denied all of the Applicants’ claims, claiming that the protesters illegally gathered at Lekki Toll Gate on October 20, 2020, ostensibly to protest SARS. The Respondent also claimed that its agents followed strict rules of engagement and did not shoot or kill protestors. It contended that the First

Applicant incited the crowd by playing music and using her Instagram page to spread mistrust of law enforcement, which was targeting Boko Haram escapees and bandits.

The Respondent argued that the Second Applicant’s provision of logistics and welfare support demonstrated her support for the violent protest. It claimed that soldiers were present to restore peace until the police arrived, denying any harm to protesters and refusing ambulance access.

The Respondent also denied that the Third Applicant’s presence was peaceful, claiming it was intended to incite violence. It argued that the Lagos State government was responsible for the injured’s treatment and care, and that the Applicants had not provided credible evidence to support their claims or the reliefs sought.

The Court ruled that the applicants’ claims were filed in vitam, indicating no violation of their right to life.

However, the Court determined that the Respondent violated several articles of the ACHPR, resulting in fundamental human rights violations.

The Court ruled that the applicants were denied the right to effective remedies.

The Court ordered the Respondent to make reparations to the Applicants for violating their fundamental human rights.

The panel consisted of three members, including the presiding justice, Dupe Atoki, and Ricardo Claúdio Monteiro Gonçalves.