Economic Community of West African States (ECOWAS) Community Court of Justice has found the Federal Government of Nigeria guilty of human rights abuses in its response to the 2020 #EndSARS protest.
The court said the use of force at the Lekki Toll Gate in Lagos on October 20, 2020, was disproportionate.
The ruling, issued on July 10, 2024, mandates that the Nigerian government pay N10 million in compensation to each victim named in the suit.
The case, brought before the ECOWAS Court by a coalition of human rights activists and organisations, alleged severe violations of fundamental human rights by Nigerian security forces. Amnesty International also submitted an Amicus Brief, which was declared admissible by the Court.
After thoroughly examining evidence and testimonies, the Court concluded that the Nigerian government’s actions 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 found credible evidence of disproportionate use of force and violations of the right to liberty and security, assembly, free speech, and dignity.” It stated that using force was unnecessary and contravened the Respondent State’s obligations under the African Charter.
The court 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 Court further held that the Respondent State failed to allow and afford the Applicants their rights to freedom of expression, assembly, and association, therefore violating the Applicants‘ rights under Articles 9, 10 and 11 of the African Charter. 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.
„The Court held that the quasi-mechanism set up by the Respondent State to investigate the allegations of abuse at the Lekki toll gate lacked independence and was questionable. The State, therefore, failed in its duty of effective remedy under Article 1 of the African Charter.“
In the end, the court ordered the Federal Government of Nigeria to compensate the applicants with N10 million each.
Additionally, the Nigerian government has been mandated to conduct investigations into the human rights abuses and implement the outcomes of said investigations. The Court ordered the government to report to the Court in six months with an update on the compensation and progress of the inquiry.
Reacting to the judgement, Bolaji Gabari (lead counsel for the applicants) stated, „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 judgement.“
In her reflections, Mojirayo Ogunlana, an applicant‘s counsel, said that the journey to this victory began on the 10th of December 2021. She recalled that the Nigerian government, as respondents in the case, 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. She expressed joy at the closure for the applicants and Nigerians who bore witness to the abuse and violation on the 20th of October.
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