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ECOWAS court rules FG violated human rights during EndSARS protest

by Alice Babalola

The Community Court of Justice, ECOWAS, on Wednesday, held that the Federal Republic of Nigeria violated the human rights of Obianuju Catherine Udeh and two others.

The court found Nigeria in breach of Articles 1, 4, 6, 9, 10, and 11 of the African Charter on Human and Peoples’ Rights, specifically pertaining to the right 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 ordered payment of N2m as compensation for violations of their rights, adding that the security agents responsible for the offences should be prosecuted and report to the court within six months on the measures taken to implement this judgment.

The applicants, Obianuju Udeh, Perpetual Kamsi, and Dabiraoluwa Adeyinka alleged that these violations occurred during the peaceful protests at the Lekki Toll Gate in Lagos State on October 20 and 21, 2020.

The first applicant, Udeh alleged that the soldiers shot protesters, resulting in deaths and injuries, which she live-streamed, subsequently receiving threatening phone calls that forced her into hiding and eventual asylum.

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

The third applicant claimed she narrowly escaped being shot, observed the refusal of ambulance entry by soldiers, and later witnessed inadequate hospital care for victims.

She argued that she and her colleagues took over the victims’ care and she faced ongoing threats and surveillance, believed to be by Respondent’s agents.

The Applicants 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.

In an email sent to our correspondent from the court, Justice Koroma Sengu, said the court dismissed the allegation that the right to life as guaranteed under Article 4 of the ACPHR was violated.

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