The Court of Justice of the Economic Community of West African States, ECOWAS, issued a verdict against the Federal Government for infringing on the fundamental human rights of youths involved in the EndSARS protest of October 2020. The ruling, delivered by a three-man panel of Justices, upheld the claims brought forth by participants Obianuju Catherine Udeh, Perpetual Kamsi, and Dabiraoluwa Adeyinka. The court found that Nigeria, through its security forces, violated various articles of the African Charter on Human and Peoples’ Rights, including the right to life, security, freedom of expression, assembly, and association, prohibition of torture, obligation to investigate, and right to remedy.
The Applicants alleged that these violations occurred during peaceful protests at the Lekki Toll Gate in Lagos. While the court dismissed the claim of a violation of the right to life, it ordered the government to compensate each Applicant with N2 million for breaches of security, prohibition of torture, freedom of expression, assembly, duty to investigate rights violations, and effective remedy. Additionally, the court directed the government to investigate and prosecute those responsible for the violations, requiring a report on the implementation of the judgment within six months.
The protests at the Lekki Toll Gate aimed to address police harassment and brutality, triggered by the alleged killing of Daniel Chibuike. During the protests, the Applicants experienced shooting by soldiers, threats, injuries, and neglect of victims in need of healthcare. Despite the government’s denial of the allegations and insistence on lawful conduct, the court found breaches of human rights and ordered reparations for the violations.
The ruling emphasized the importance of upholding human rights and providing effective remedies, with Justices Dupe Atoki and Ricardo Claudio Monteiro Goncalves concurring with the lead decision.
