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Nigerian Government Guilty of Human Rights Violation During ENDSARS Protests

The Economic Community of West African States (ECOWAS) Community Court of Justice has determined that Nigeria’s federal government violated human rights during its response to the #EndSARS protest in October 2020.

The court found the government guilty of breaching Articles 1, 4, 6, 9, 10, and 11 of the African Charter on Human and Peoples’ Rights. These violations include the rights to life, security of person, freedom of expression, assembly and association, prohibition of torture, the duty of the state to investigate human rights violations, and the right to effective remedy.

Specifically, the violations were reported by Obianuju Udeh, Perpetual Kamsi, and Dabiraoluwa Adeyinka, who alleged mistreatment during peaceful protests at the Lekki Toll Gate in Lagos State on October 20 and 21, 2020.

Justice Koroma Sengu, delivering the judgment, dismissed claims of violations to the right to life under Article 4 of the African Charter on Human and Peoples’ Rights. However, he ruled that the federal government must compensate each applicant with N2 million for breaches including security of person, prohibition of torture, freedom of expression, assembly and association, duty to investigate human rights abuses, and the right to effective remedy.

Additionally, the court mandated that Nigeria adhere to its obligations under the Charter, investigate and prosecute those responsible for the violations, and provide a report to the court within six months on measures taken to implement these rulings.

The #EndSARS protests, triggered by the alleged killing of Daniel Chibuike, aimed to address police harassment and brutality. The first applicant documented soldiers shooting protesters, resulting in casualties, which she live-streamed, prompting threats and forcing her into hiding and eventual asylum.

The second applicant, responsible for protesters’ welfare, described soldiers firing after a power outage, leading to hospitalization from police tear gas exposure.

The third applicant narrowly escaped gunfire, witnessed soldiers blocking ambulance access, and criticized inadequate hospital care for victims.

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