Ecowas Court holds Nigeria liable for deadly protests

The Ecowas Court of Justice in Abuja has ruled that Nigeria violated the rights of citizens during the 2020 anti-police brutality demonstrations, popularly tagged EndSARS protests. The #EndSARS protest erupted in numerous Nigerian cities in October 2020. At the Lekki Toll Gate in Lagos State, where it was most pronounced, security forces shot at peaceful protesters. At least 46 unarmed protesters were either shot dead, injured with bullets, or assaulted by security forces at the toll gate on 20 October 2020, a panel of inquiry set up by the Lagos State Government found out. Similar attacks on peaceful demonstrators took place in other parts of the country during the protests. The Premium Times reports that the Ecowas Court gave its decision affirming the violation of the rights of three Nigerians who participated in the protest at Lekki Toll Gate. The court held that the government violated the human rights of Obianuju Catherine Udeh, Perpetual Kamsi, and Dabiraoluwa Adeyinka. The plaintiffs alleged in their suit that during the peaceful protests against the now-disbanded Special Anti-Robbery Squad (SARS) at Lekki Toll Gate, the Nigerian Government committed multiple human rights violations.

The Nigerian Government denied all of the applicants' claims, stating that the protesters unlawfully assembled under the guise of protesting against SARS. The Premium Times notes that the government, through its counsel, submitted that its agents, including the police and military, followed strict rules of engagement and did not shoot or kill protesters. However, the court rejected the Nigerian Government's defence. The judge rapporteur, Koroma Sengu, ruled that Nigeria violated the human rights of the applicants. The court found Nigeria in breach of articles one, four, six, nine, 10, and 11 of the African Charter on Human and Peoples' Rights (ACHPR), concerning the right to life, personal security, freedom of expression, assembly and association, protection from torture, the state's duty to investigate, and the right to effective remedy. The court mandated Nigeria to adhere to its obligations under the ACHPR, investigate and prosecute its security agents responsible for the violations. It also gave Abuja six months to report the measures taken to comply with the judgment.

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