The ECOWAS community court of justice yesterday found the federal government of Nigeria guilty of human rights abuses in its response to the #ENDSARS protest particularly its disproportionate use of force at the Lekki Toll Gate in Lagos on October 20, 2020.
The court, in a unanimous decision by a three-man panel of justices, held that there was merit in a suit that three participants in the protest (Obianuju Catherine Udeh, Perpetual Kamsi and Dabiraoluwa Adeyinka) lodged before it.
In December 2021, the three participants brought a case before the ECOWAS Court, Obianuju Catherine & 2 Others v. Federal Republic of Nigeria (ECW/CCJ/APP/72/2021), to obtain justice for themselves and those impacted by the violations.
In its processes filed before the court, the Nigerian government, through its team of lawyers, denied all the allegations and claims of the applicants, claiming that its agents followed strict rules of engagement and did not shoot or kill protesters.
The court ruled that the Nigerian government’s actions at the Lekki Toll Gate in Lagos, breached several international human rights standards, including articles 1, 5, 6, 9, 10, and 11 of the African charter on human and peoples’ rights.
The Court then agreed that the applicants had suffered torture at the hands of the Nigerian government. The Court found that the situation at the Lekki tollgate, where live rounds were shot into the crowd of unarmed protesters, created a situation of fear, and the Nigerian government did not present evidence refuting those allegations.
The government’s actions were deemed inconsistent with Nigeria’s obligations under the ECOWAS Revised Treaty and the African Charter on Human and Peoples’ Rights.
It ordered the Federal Government to pay each of the three applicants Two Million Naira damages and the government has been mandated to conduct investigations into the human rights abuses that occurred with a view to implementing the outcomes of said investigations. The Court has ordered the government to report to the Court in six months with an update on the compensation and progress of the inquiry.
One of the Applicants, Obianuju Catherine Udeh (DJ Switch) said, “Not once did I waver in my shared experience of the traumatic events of October 20 2020 but to sit in court and listen to the esteemed Judges, based on the facts give a ruling in our favour not only reaffirms what I know and experienced but makes this one of the best days of my life since the horrific event.
“This judgement becomes a glimmer of hope that we can indeed head in the right direction in service of the truth and justice.”
The Lead Counsel Counsel for the Applicants, Bolaji Gabari, in his reaction, said, “This ruling is a significant victory for the #EndSARS movement, an acknowledgement that citizens’ rights were violated and abuses occurred at Lekki Toll Gate. We urge the Nigerian government to comply fully with the Court’s orders and take immediate steps to address the systemic issues identified in the judgment.”
Another Counsel to the Applicants, Mojirayo Ogunlana, said that the journey to the victory began on December 10 2021.
She recalled that the Nigerian Government, as respondents in the suit, failed to show up to put in a defence until 2023, when, in its address, claimed, amongst others, that the #EndSARS peaceful protest was unlawful and perpetuated by hoodlums.
Ogunlana expressed joy at the closure occasioned for the Applicants and Nigerians who bore witness to the abuse and violation on the 20th of October.
The Executive Director of Citizens’ Gavel, and coordinating organisation for the coalition, Nelson Olanipekun said, “The landmark ruling by the ECOWAS Court in favour of EndSARS victims is a powerful affirmation of justice and a significant step towards healing and accountability for the Lekki Toll Gate tragedy.”
