ECOWAS Court holds Nigeria liable for human rights violations during #EndSARS protests

The ECOWAS Court of Justice in Abuja ruled on Wednesday that Nigeria violated the rights of citizens during the 2020 anti-police brutality demonstrations, popularly tagged EndSARS protests.

The #EndSARS protest erupted in numerous Nigerian cities in October 2020. At the Lekki Toll Gate in Lagos State, where it was most pronounced, security forces shot at peaceful protesters.

 At least 46 unarmed protesters were either shot dead, injured with bullets, or assaulted by security forces at the Lekki toll gate on 20 October 2020, a panel of inquiry set up by the Lagos State Government found out. Similar attacks on peaceful demonstrators took place in other parts of the country during the protests.

The ECOWAS Court gave its decision affirming the violation of the rights of three Nigerians who participated in the protest at Lekki Toll Gate.

The court held that the Federal Republic of Nigeria violated the human rights of Obianuju Catherine Udeh, Perpetual Kamsi, and Dabiraoluwa Adeyinka.

Suit

The plaintiffs alleged in their suit that during the peaceful protests against the now-disbanded Special Anti-Robbery Squad (SARS) at Lekki Toll Gate, Lagos State, on 20 and 21 October 2020, the Nigerian government committed multiple human rights violations.

The first plaintiff said soldiers shot protesters, resulting in deaths and injuries, which she live-streamed.

She said she received threatening phone calls that forced her into hiding and eventual asylum.

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

The third plaintiff recounted narrowly escaping being shot, witnessing soldiers refusing ambulance entry, and later observing inadequate hospital care for victims.

The plaintiffs sought declaratory prayers and compensation from the court for these violations.

Nigerian government’s defence

In its defence, the Nigerian government denied all of the applicants’ claims, stating that the protesters unlawfully assembled at Lekki Toll Gate under the guise of protesting against SARS.

The government, through its counsel, submitted that its agents, including the police and military followed strict rules of engagement and did not shoot or kill protesters.

It argued that the first plaintiff incited the crowd by playing music and using her Instagram page to stir disaffection against law enforcement targeting escapee Boko Haram members and bandits.

The government also argued that the second plaintiff’s logistics and welfare support indicated her support for the violent protest.

It claimed soldiers were present to restore peace until police arrived and denied any harm inflicted on protesters or refusal of ambulance access.

The government further argued that the third plaintiff’s presence was meant to escalate violence.

It maintained that the treatment and care of the injured were managed by the Lagos State government and asserted that the plaintiffs had not provided credible evidence to support their claims or reliefs sought.

Court orders

In its judgement on Wednesday, the ECOWAS Court, rejected the Nigerian government’s defence.

The judge rapporteur, Koroma Sengu, who delivered the judgement, ruled that Nigeria violated the human rights of the three applicants.

The Court found Nigeria in breach of Articles 1, 4, 6, 9, 10, and 11 of the African Charter on Human and Peoples’ Rights (ACHPR), concerning the right to life, personal security, freedom of expression, assembly and association, protection from torture, the state’s duty to investigate, and the right to effective remedy.

But, according to a statement from the ECOWAS Court’s Communication Division detailing the decision, the court dismissed the allegation of a right to life violation under Article 4 of the ACPHR.

However, the court ordered Nigeria to pay each applicant N2 million (two Million Naira) for violations of their rights to personal security, protection from torture, freedom of expression, assembly and association, and the state’s duty to investigate human rights abuses.

The court mandated Nigeria to adhere to its obligations under the African Charter on Human and Peoples’ Rights, investigate and prosecute its security agents responsible for the violations.

It also gave the Nigerian government six months to report the measures taken to comply with the judgement.

The three-member panel comprised Dupe Atoki, Ricardo Claúdio Gonçalves, and Koroma Sengu.

Amnesty International reacts

Amnesty International praised the ruling, calling for the prosecution of perpetrators and redress for victims.

The nonprofit organisation concerned with human rights advocacy worldwide recalled appearing as a friend of the court during the hearing.

It wrote: “Amnesty International welcomes the ruling of the Court that orders the government of Nigeria to conduct a new investigation of rights violations that occurred during the October 2020 #EndSARS protests across Nigeria, in line with its duty to promote and protect human rights under international law, prosecute perpetrators, and provide redress to victims.

“In response to applicants’ Catherine Udeh & Ors case against the harassment and brutality of the notorious and disbanded Special Anti-Robbery Squad (SARS), the ECOWAS Court of Justice delivered its judgment today finding violations of the applicants’ right to liberty and security, freedom of expression and association, right to freedom of assembly and effective remedy.

“Amnesty International was a friend of the court in the case and made submissions that (1) the right to life is violated by use of lethal force on peaceful protesters, (2) that freedom of peaceful assembly is violated by the unlawful dispersal of peaceful assemblies (3) and that the individuals whose rights have been violated have the right to effective remedy.”

#EndSARS protests

The EndSARS protests were aimed at the brutality and heavy-handed tactics of the Nigerian police, particularly their tactical unit, the Special Anti-Robbery Squad (SARS), whose operatives were notorious for inhuman treatment and extortion of citizens.

The demonstrations erupted in October 2020 following the shooting of Daniel Chibuike in Delta State by police officers. The police later claimed the victim survived and alleged that protesters had killed a police officer.

Days after the protest started, the then-President Muhammadu Buhari administration disbanded SARS and promised broad police reforms.

The then Inspector-General of Police, Mohammed Adamu, also introduced the Special Weapon and Tactics Team (SWAT) as its replacement. This move was immediately rejected by Nigerians, who demanded thorough medical and psychological evaluations for former SARS members before they could join SWAT.

The hashtag #EndSARS quickly gained global traction, with the Nigerian diaspora joining in to demand an end to police brutality and a comprehensive reform of the security system.

The Lekki Toll Gate in Lagos turned out to be the epicentre of the protest. Soldiers deployed to quell the protest there shot at peaceful protesters in the evening of 20 October 2020.

Police used teargas and similarly fired gunshots to disperse demonstrators in different parts of the country.

Security agencies, particularly the police, detained some protesters for months.