EndSARS Protest: ECOWAS Court finds FG guilty of human rights violations

The Court of Justice of the Economic Community of West African States(ECOWAS) has found the Federal Government guilty of violating the fundamental human rights of youths that participated in the October 2020, EndSARS protest. A three-man panel of Justices, had in a unanimous decision, held that there was merit in a suit brought before it by three participants in the protest – Obianuju Catherine Udeh, Perpetual Kamsi and Dabiraoluwa Adeyinka. Specifically, the court held 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, pertaining 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 had, in their suit, alleged that these violations occurred during peaceful protests they held at the Lekki Toll Gate in Lagos State on October 20 and 21, 2020. In the judgement delivered by the lead Judge Rapporteur, Justice Koroma Mohamed Sengu, the regional court dismissed the Applicants’ allegation that their right to life as guaranteed under Article 4 of the ACPHR, was violated. However, it ordered FG to pay each of the Applicants the sum of N2million 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, it held that FG must adhere to its obligations under the ACPHR by investigating and prosecuting its agents responsible for the violations. The court ordered FG to, within the next six months, report to it, measures it has taken to implement the judgment. The Applicants had 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. Triggered by the alleged killing of one Daniel Chibuike, the protests were aimed to address police harassment and brutality. In the suit, the 1st Applicant, among other things, told the court that soldiers shot life ammunitions at protesters, resulting in deaths and injuries, which she live-streamed. She told the court that subsequently, she started receiving threatening phone calls that forced her not only to go into hiding but also to seek asylum. Likewise, the 2nd Applicant, who said she was responsible for the welfare of the protesters, described how soldiers began shooting after a power cut, leading to her hospitalisation due to excessive tear gas she inhaled. On her part, the 3rd Applicant narrated how she narrowly escaped being shot and how soldiers refused to allow an ambulance to enter the protest ground to help the injured participants. She further told the court that she later witnessed how the victims were neglected without the provision of adequate healthcare for them at the hospital. She further submitted that with the help of her colleagues, she eventually took over and started taking care of the victims. She alleged that she faced numerous threats and was placed on surveillance by security agents. Consequently, all the Applicants prayed the court to issue declaratory reliefs against FG and award compensation to them for the gross violations of their fundamental human rights. Meanwhile, in processes it filed before the court, FG, through its team of lawyers, denied all the allegations and claims that were made up by the Applicants. It told the court that the protesters unlawfully assembled at Lekki Toll Gate on October 20, 2020, under the guise of protesting against SARS. FG also maintained that its agents followed strict rules of engagement and did not shoot or kill protesters. It argued that the 1st Applicant incited the crowd by playing music and using her Instagram page to stir disaffection against law enforcement agents who were targeting escapee members of Boko Haram and bandits. FG further contended that the 2nd Applicant’s provision of logistics and welfare packages 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 alleged refusal to access the ambulance. More so, FG denied that the 3rd Applicant’s presence was peaceful, asserting it was meant to escalate violence. It argued that the treatment and care of the injured were managed by the Lagos State government, insisting that the Applicants failed to provide credible evidence to support their claims and the reliefs they sought from the court. In its judgment on Wednesday, the court held that it could not establish that there was a violation of the right to life as the Applicants failed to adduce any evidence to that effect. Nevertheless, it held that several articles of the ACHPR were breached by the Respondent (FG), which occasioned fundamental breaches of human rights. Furthermore, the Court said it was satisfied that the Applicants were denied the right to an effective remedy. It ordered FG to make reparations to the Applicants for the violation of their fundamental human rights. Other members of the panel that concurred with the lead judgement were Justice Dupe Atoki, who presided, and Justice Ricardo Claúdio Monteiro Gonçalves

Military Action Against Niger: Int’l Group drags Tinubu to ECOWAS Court

An International Civil Group, Egalitarian Mission for Africa (EMA)  has dragged President Bola Tínubu of Nigeria before the Economic Community of West African (ECOWAS) Court of Justice, invoking the Protocols of the Court to stop the planned military action against the Republic of Niger over coup plot. The group, in the suit instituted on its behalf by a Nigerian lawyer, Dr Oluwakayode Ajulo, OON, is praying the Regional Court to invoke relevant ECOWAS treaties and international laws to stop the military invasion of Niger Republic being spearhead by the Nigerian Government. The grouse of the Civil Group, among others, is that the planned military action or invasion will run foul of the obligations in the ECOWAS treaties and therefore amounting to illegality. The suit marked ECW/CCJ/APP/3/23 emphasized categorically that ECOWAS treaties prohibit aggression among member States. Apart from the Egalitarian Mission for Africa (EMA), other plaintiffs in the matter are a former Director General of the Nigerian Institute of the Internal Affairs (NIIA), Professor Bola Akinterinwa and a Nigerian Northern Region lawyer, Hamza Nuhu Dantani. Defendants are ECOWAS, Authority of Heads of State & Government of ECOWAS, President of ECOWAS Mission,  Federal Republic of Nigeria and Republic of Niger. A military group led by General Abdourhamane Tchiani had on July 26 toppled the civilian and democratic government of President Mohammed Bazoun who has since been clamped into unlawful military detention. Although the three plaintiffs in the regional suit described the coup detat as most unfortunate, they however warned that Nigeria should not travel the dangerous road of military hostilities that may further escalate the crisis in the Niger Republic. According to them, over 300,000 refugees, mainly Nigeria citizens, have already fled the Niger Republic adding that military action against Niger Republic would lead to breach of fundermrntal rights to life, right to dignity of human persons and liberty to life. The plaintiffs therefore prayed the ECOWAS Court of Justice for a restraining order against any form of military action in Niger Republic that may undermine the sovereignty and the territorial integrity of Niger Republic. Besides the Court action, the plaintiffs’ Counsel, Dr Ajulo wrote a strongly worded letter to President Tinubu, notifying him of pendency of the suit and invoking the Protocol of the ECOWAS Court on the need to respect and obey the rule of law as well as to refrain from doing that will militate against the subject matter. The letter is entitled “Notification of Pendency of case before the ECOWAS Community Court of Justice ; Call For Strict Adherence To The Protocol of the Honourable Court of the ECOWAS Commumity Court of Justice’.  It read in part “We are Counsel to the Plaintiffs/Applicants in the above case before the ECOWAS Community Court of Justice and it is on their firm and unequivocal instructions that we write. Sequel to the Resolution and several sanctions imposed by the ECOWAS in the aftermath of the unfortunate and unconstitutional takeover of the democratically elected Government of the Republic of Niger, we have lodged a Case before the ECOWAS Community Court of Justice in an application for reliefs as the proposed military intervention in the Republic of Niger would be tantamount to aggression between ECOWAS Member States. ” The intervention will specifically violate Articles 1, 5, 15, 16, 17, 21, 22 & 24 of the African Charter on Human and Peoples’ Rights; Articles 1 (2), 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 13 & 14 of the International Covenant on Economic, Social and Cultural Rights; Articles 1, 3, 22, 23 (3), 25 (1) & 26 of the Universal Declaration of Human Rights 1948; Articles 1, 2, 3, 4, 5, 6, 7, 8, 9 & 10 of the Declaration on the Right to Development 1986; Articles 6, 15, 31, 63 & 64 of the Revised Treaty of the Economic Community of West African States; Article 10 of the Supplementary Protocol (A/SP.1/01/05) amending the Protocol (A/P.I/7/91) relating to the Community Court of Justice and Articles 10 (c), 22, 26, 27, 28, 56 of the ECOWAS Protocol Relating to the Mechanism for Conflict Prevention, Management, Resolution, Peace– Keeping and Security 1999. “The Case, an official copy of which has been duly served on your Excellency through the ECOWAS Secretariat, 101, Yakubu Gowon Crescent, Asokoro, Abuja, has invoked the jurisdiction of the International Court to consider conventions, treaties, Protocols and regulations to which your Excellency and the Federal Republic of Nigeria are signatories and which override the resolutions, sanctions, domestic law and practices and which the ECOWAS Community Court of Justice has been called upon to declare illegal. Another copy of the Case is attached for your informed action. “We wish to further draw your attention to Article 22(2) of the Protocol on the Community Court of Justice which mandates that “When a dispute is brought before the Court, Member states or institutions of the Community shall refrain from any action likely to aggravate or militate against its settlement” “In the Case before the ECOWAS Community Court of Justice, The Economic Community of West African States (ECOWAS), Authority of Heads of State and Government (of which your Excellency is the Chairman), President, ECOWAS Commission, The Federal Republic of Nigeria (of which your Excellency is the President and Commander-in-Chief of the Armed Forces) have been sued as sovereign legal representatives of respective institutions including the Republic of Niger. “It is your Excellency’s sacred duty as the Chairman of the Authority of Heads of State and Government of ECOWAS and the President and Commander-in-Chief of Armed Forces of Federal Republic of Nigeria under your hand to bring the institution of the Case before ECOWAS Community Court of Justice to the attention of the other Defendants and to insist, particularly in your Excellences’ subsequent meetings, that the Defendants refrain from taking any action in respect of the subject matter pending the determination of the case, in view of your Excellency and Nigeria’s protocol obligation under the Article above quoted. “Your Excellency, it is our firm