The Community Court of Justice, ECOWAS, has ruled that the Federal Republic of Nigeria violated the human rights of Obianuju Udeh and two others during the Lekki Toll Gate protests in October 2020.
The court found Nigeria in breach of several articles of the African Charter on Human and Peoples’ Rights (ACPHR), specifically regarding the rights to life, security of person, freedom of expression, assembly and association, prohibition of torture, the duty of the state to investigate, and the right to an effective remedy.
The court determined that Nigeria violated Articles 1, 4, 6, 9, 10, and 11 of the ACPHR. As part of the judgment, the court ordered the Federal Government to pay each applicant N2 million as compensation for these violations.
Additionally, the court mandated that the government must investigate and prosecute its agents responsible for the human rights violations and report back to the court within six months.
The case centered around the peaceful protests against the SARS unit of the Nigerian Police Force at Lekki Toll Gate on October 20 and 21, 2020.
The applicants alleged that during the protests, soldiers shot at protesters, resulting in deaths and injuries. They also described incidents where soldiers refused ambulance access and inflicted harm on protesters. For instance, Obianuju Udeh live-streamed the events and subsequently received threatening phone calls, which led her to seek asylum.
Perpetual Kamsi, who was responsible for the protesters’ welfare, was hospitalized due to police tear gas. Dabiraoluwa Adeyinka narrowly escaped being shot and witnessed soldiers refusing ambulance access for injured protesters.
In its defense, the government denied all allegations, claiming that the protesters unlawfully assembled and that its agents followed strict rules of engagement without shooting or killing protesters.
The government argued that the first applicant incited the crowd through her actions, while the second applicant’s provision of logistics and welfare support indicated her backing of the violent protest.
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The government also contended that the third applicant’s presence was meant to escalate violence, and it asserted that the Lagos State Government adequately managed the treatment and care of the injured.
Despite the government’s defense, the court found that there was no violation of the right to life. However, it upheld that the government breached several articles of the ACPHR, resulting in fundamental human rights violations. Furthermore, the court declared that the applicants were denied the right to an effective remedy.
Consequently, the court ordered the Nigerian government to make reparations to the applicants for the violation of their fundamental human rights and adhere to its obligations under the ACPHR.
This ruling underscore the importance of accountability and the protection of human rights during peaceful protests.
