The Court of Justice of the Economic Community of West African States (ECOWAS), on Wednesday, found the Federal Government of Nigeria guilty of violating the fundamental human rights of youths who participated in the October 2020 EndSARS protest.
In a unanimous decision by a three-man panel of Justices, the court upheld a suit brought by three participants in the protest—Obianuju Catherine Udeh, Perpetual Kamsi, and Dabiraoluwa Adeyinka. It concluded that the Federal Republic of Nigeria, through its security agencies, violated Articles 1, 4, 6, 9, 10, and 11 of the African Charter on Human and Peoples’ Rights (ACPHR). These articles pertain to 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 alleged these violations occurred during peaceful protests they held at the Lekki Toll Gate in Lagos State on October 20 and 21, 2020. The court, in its lead judgment delivered by Justice Koroma Mohamed Sengu, dismissed the Applicants’ claim of violation of their right to life under Article 4 of the ACPHR. However, it ordered the Federal Government to compensate each Applicant with the sum of N2 million 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 court mandated the Federal Government to fulfill its obligations under the ACPHR by investigating and prosecuting the agents responsible for the violations within the next six months, and to report back to the court on the measures taken to implement the judgment.
During the protests against the Special Anti-Robbery Squad (SARS) of the Nigerian Police Force at Lekki Toll Gate, Lagos State, the Applicants alleged several human rights abuses. They recounted incidents where soldiers fired live ammunition at protesters, leading to deaths and injuries, which were streamed live. The 1st Applicant faced threats and went into hiding, while the 2nd Applicant described providing welfare for protesters and being hospitalized due to tear gas inhalation after soldiers started shooting following a power cut. The 3rd Applicant narrowly escaped being shot and witnessed soldiers obstructing ambulances from aiding injured protesters.
In response, the Federal Government denied all allegations, asserting that the protesters unlawfully assembled under the guise of protesting against SARS and that its agents did not use lethal force against protesters. It argued that the 1st Applicant incited the crowd and the 2nd Applicant supported violent protests through logistics. The Federal Government also contended that the 3rd Applicant’s presence was aimed at escalating violence and that the care of the injured was managed by the Lagos State government.
While the court did not find evidence of violation of the right to life, it affirmed multiple breaches of the ACPHR by the Federal Government, emphasizing the denial of an effective remedy to the Applicants. The judgment was concurred by Justices Dupe Atoki and Ricardo Cláudio Monteiro Gonçalves, who were also on the panel.