Obianuju Udeh and two other people’s human rights were infringed by the Federal Republic of Nigeria, according to a ruling by the Community Court of Justice, ECOWAS.
The African Charter on Human and Peoples’ Rights, which specifically addresses the rights to life, security of person, freedom of expression, assembly and association, and prohibition of torture, as well as the state’s obligation to investigate and the right to an effective remedy, was found to have been violated by Nigeria.
The applicants, Dabiraoluwa Adeyinka, Obianuju Udeh, and Perpetual Kamsi, claimed that these infractions happened on October 20 and 21, 2020, during the nonviolent demonstrations at the Lekki Toll Gate in Lagos State.
During the judgmental hearing, Justice Koroma Sengu, the presiding court, rejected the claim that the ACPHR’s article 4 violates the right to life.
But he also stated that each applicant must receive N2 million in compensation from the Federal Government for any violations of their right to effective remedy, freedom of expression, assembly, and association, right to be free from torture, and duty to investigate violations of human rights.
He further stated that the Federal Government must follow the African Charter on Human and Peoples’ Rights, look into and prosecute its agents who are in charge of these violations, and report back to the court in six months on the steps it has taken to put this ruling into effect.
The applicants claimed that the respondent violated many human rights on October 20 and 21, 2020, during the nonviolent demonstrations against the Nigerian Police Force’s SARS unit at Lekki Toll Gate.
The protests, which were sparked by Daniel Chibuike’s purported death, sought to stop police abuse and harassment.
According to the first application, she live-streamed the army shooting demonstrators, killing and injuring them, and then she received threatening phone calls that drove her into hiding and eventually into refuge.
The second petitioner, who was in charge of the demonstrators’ welfare, explained how, following a blackout, soldiers started firing, which resulted in her being hospitalised from police tear gas.
The third candidate related how he barely avoided being shot, how soldiers refused to let an ambulance in, and how he later saw victims receive subpar treatment in the hospital.
She claimed that after taking over the victims’ care with her coworkers, she began to receive threats and was being watched—possibly by respondent agents.
The petitioners asked the court to award them damages and declaratory relief for these infractions. The demonstrators had gathered illegally outside the Lekki toll gate on October 20, 2020, pretending to be demonstrating against SARS, according to the respondent, who refuted all of the charges stated by the applicants.
Additionally, the respondent insisted that its agents did not shoot or kill demonstrators and adhered strictly to the rules of engagement.
It claimed that the first applicant incited unrest against law enforcement, which was pursuing bandits and Boko Haram escapees, by playing music and using her Instagram page.
The respondent said that the second applicant’s provision of welfare and logistical support showed her endorsement of the violent demonstration.
It denied that demonstrators had been harmed and that ambulance access had been denied, asserting that soldiers had been stationed to maintain order until police came.
Additionally, the respondent denied that the third applicant’s presence was nonviolent, claiming that it was intended to incite violence.
It claimed that the Lagos State Government oversaw the injured people’s care and treatment and asserted that the applicants had not offered any reliable proof to back either their allegations or the requested redress.
The court concluded that the right to life had not been violated in its ruling.
