The ECOWAS Court of Justice, Abuja has this morning heard arguments in
the case brought by Socio-Economic Rights and Accountability Project
(SERAP) against the Federal Government seeking “justice and
accountability for the authorities’ failure to prevent, account for and
investigate killings, raping, maiming of Nigerians and other residents,
and destruction of property across the country by herdsmen and other
unknown perpetrators.”
The Court adjourned the suit to 22 April, 2021 for judgment after
hearing arguments from Solicitor to SERAP, Femi Falana SAN, and the
government lawyer Mr Adedayo Ogundele.
In the suit No ECW/CCJ/APP/15/16, SERAP is arguing that, “the continuing
attacks, killings, raping, maiming of Nigerians and other residents, and
destruction of property by the military, police, herdsmen and other
unknown perpetrators across the country amount to serious violations of
human rights of the rights to life, to the security and dignity of the
human person, and to property.”
Femi Falana, arguing the case, said: “The government has not denied the
serious averments by SERAP. The government is responsible for the
unlawful killings by herdsmen and other unknown perpetrators, which have
not been adequately prevented, investigated or prosecuted by the
authorities. These responsibilities are heightened when an observable
pattern has been overlooked or ignored, such as is the case in this
suit.”
Falana also argued: “The government has a responsibility to protect and
ensure the security of life and property of everyone in Nigeria. It is
not enough for the government to say that civil cases have been brought
by some of the victims. The government has a responsibility to
investigate, fish out the perpetrators and prosecute them, and to
compensate the victims.”
The suit, reads in part: “SERAP also contends that the obligation to
secure the right to life is not confined to cases where it has been
established that the killings were caused by an agent of the State. Nor
is it decisive whether those affected or their families have lodged a
formal complaint about the killings with the competent investigatory
authority.”
“It is contended that the mere knowledge of the killings by the
military, police, herdsmen and other unknown perpetrators on the part of
the authorities have ipso facto given rise to an obligation under
Article 4 of the African Charter on Human and Peoples’ Rights to carry
out an effective investigation into the circumstances surrounding the
killings and to identify the perpetrators and bring them to justice, and
to provide reparations to victims.”
“Moreover, the Defendant has a responsibility for those killings, raping
maiming and destruction of property where authorities knew or ought to
have known of an immediate threat and failed to take measures that might
have been expected to avoid those attacks and killings.”
“SERAP further contends that the Defendant has positive obligations to
provide a framework of security for the protection of life, and to
protect the lives of those individuals at risk from unlawful attacks by
the military, police, herdsmen and other unknown perpetrators. The lack
of accountability for the attacks by the military, police, herdsmen and
other unknown perpetrators across the country has continued to create a
culture of impunity which clearly is not compatible with the rule of law
in a democratic society.”
“SERAP contends that the Defendant has a positive obligation to take
measures to secure the right to life, right to security and dignity of
the human person and right to property, and to prevent attacks and
killings by the military, police, herdsmen and other unknown
perpetrators across Nigeria.”
“Human life has a special value and dignity which requires legal
protection. It should be pointed out that those affected in the present
case include the most disadvantaged and vulnerable sectors of society.”
“A fundamental notion of contemporary human rights law is that victims
of violations enjoy an independent right to effective remedies. This
idea is itself founded on another longstanding legal principle: ubi ius
ibi remedium (there is no right without a remedy).”
SERAP therefore is asking the ECOWAS Court of Justice for the following
reliefs:
A DECLARATION that the attacks, killings, raping and maiming of citizens
and other residents and destruction of property and other serious human
rights violations and abuses across the country by the military, police,
herdsmen and other unknown perpetrators amount to failure by the
Defendant to exercise due diligence to prevent the attacks and killings
and cannot be justified under any circumstances, and therefore
constitutes a serious breach of Nigeria’s international human rights
obligations and commitments to ensure and secure the rights to life, to
dignity and security of the human person, and to property, guaranteed
under the African Charter on Human and Peoples’ Rights, and the UN
International Covenant on Civil and Political Rights to which Nigeria is
a state party.
A DECLARATION that the failure of the Defendant to exercise due
diligence and to take steps to prevent attacks, killings, raping, and
maiming of hundreds of Nigerians and other residents and destruction of
property and other serious human rights violations and abuses by the
military, police, herdsmen and other unknown perpetrators, and to
conduct prompt, impartial, thorough and transparent investigations and
to hold those responsible to account, is unlawful as it amounts to
breaches of obligations to respect, protect, promote and fulfil the
human rights guaranteed under the African Charter on Human and Peoples’
Rights and International Covenant on Civil and Political Rights to which
Nigeria is a state party.
A DECLARATION that the failure of the Defendant to provide for an
effective remedy and reparation for the victims, is unlawful as it
amounts to breaches of obligations to respect, protect, promote and
fulfil the human rights guaranteed under the African Charter on Human
and Peoples’ Rights and International Covenant on Civil and Political
Rights to which Nigeria is a state party.
A DECLARATION that the failure of the Defendant to provide an
environment necessary for securing and promoting the enjoyment of the
human rights to life, dignity and security of the person, and to
property, is unlawful as it amounts to breaches of obligations to
promote and fulfil the human rights guaranteed under the African Charter
on Human and Peoples’ Rights and International Covenant on Civil and
Political Rights to which Nigeria is a state party.
AN ORDER directing the Defendant and/or its agents individually and/or
collectively to respect, protect, promote, and fulfil the human rights
of Nigerians and residents and communities across the country that have
suffered attacks and human rights violations abuses by the military,
police, herdsmen and other unknown perpetrators.
AN ORDER directing the Defendant to investigate all cases of
unlawful killings noted herein and pay adequate money compensation of
N50 million to each of the dependents.
AN ORDER directing the Defendant and/or its agents individually and/or
collectively to provide effective remedies and reparation, including
adequate compensation, restitution, satisfaction or guarantees of
non-repetition that the Honourable Court may deem fit to grant to the
victims of attacks by the military, police, herdsmen and other unknown
perpetrators.