The Court of Justice of the Economic Community of West African States (ECOWAS) ruled on Wednesday that the Federal Government (FG) of Nigeria violated the fundamental human rights of youth participants in the October 2020 EndSARS protests orders trial of security agents.
A three-man panel of Justices unanimously supported the claims of Obianuju Catherine Udeh, Perpetual Kamsi, and Dabiraoluwa Adeyinka, who alleged multiple breaches of the African Charter on Human and Peoples’ Rights (ACPHR).
The court specifically cited violations of Articles 1, 4, 6, 9, 10, and 11 of the ACPHR, including rights 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.
These violations were alleged to have occurred during peaceful protests held at the Lekki Toll Gate in Lagos State.
Although the court dismissed allegations of direct violations of the right to life under Article 4, it ordered the FG to compensate each applicant with N2 million for violations such as security of person, prohibition of torture, freedom of expression, assembly and association, duty to investigate human rights violations, and the right to effective remedy.
The court also mandated the FG to investigate and prosecute responsible agents within six months and report back to the court.
The protests were sparked by the alleged killing of Daniel Chibuike and aimed at addressing police harassment and brutality.
Testimonies included claims of live ammunition fired at protesters, threats against participants, hospitalizations due to tear gas inhalation, and refusals to allow medical aid during the protests.
FG denied these allegations, asserting that protesters unlawfully assembled and that security agents acted within legal guidelines.
However, the court found the FG in breach of several ACPHR articles, stating that the Applicants were denied an effective remedy.
Justices Dupe Atoki and Ricardo Cláudio Monteiro Gonçalves concurred with the lead judgment by Justice Koroma Mohamed Sengu, who delivered the court’s decision.
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