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The ECOWAS Court of Justice has ordered the Nigerian government to pay N2 million each to some victims of the October 2020 protests in Lagos. The protests were organised by Nigerian citizens, especially the youth against SARS, a unit of the Nigerian Police Force at Lekki, Lagos, over its alleged brutality of citizens. The three-member panel were Justices Dupe Atoki, presiding, and Ricardo Claúdio Gonçalves.
Delivering the judgment, Justice Sengu Koroma, the Judge Rapporteur, held that Nigeria must pay each Applicant two million naira as compensation for violation of their ‘rights to security of person. The Court also ordered that Nigeria should pay the victims the amount as compensation for ‘violation of their rights to the prohibition of torture and cruel, inhuman, degrading treatment, rights to freedom of expression.’
Other grounds of the compensation as ordered by the court included violation of their ‘rights to assembly, and association, failure of duty to investigate human rights violations, and right to effective remedy.’The Court also ordered that Nigeria must adhere to its obligations under the African Charter on Human and Peoples’ Rights, ACHPR, investigate and prosecute its agents, who were responsible for the violations. The Court further ordered that the Nigerian government must report to the Court within six months on the measures taken to implement the judgment.
Justice Koroma further held that Nigeria breached Articles 1, 4, 6, 9, 10, and 11 of the ACHPR. The law specifies 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.
According to the Court, there is, however, no violation of the Applicants’ right to LIFE, adding that the Applicants filed their claims in violation. It said that several articles of the ACHPR were breached by the Nigerian government, which culminated in the fundamental breaches of human rights violation therein. The Court declared that the Applicants were denied the right to ‘effective, immediate remedy,’ and ordered that the Respondent make reparations to the Applicants for the violation of their fundamental human rights.
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The reports added that the protests, which were triggered by the alleged killing of Daniel Chibuike, were aimed at addressing the incessant harassment and brutality by SARS, a wing of the Nigerian Police Force. However, in responding the Nigerian Government had through its counsel, denied all the claims made by the Applicants, and argued 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.
