The Socio-Economic Rights and Accountability Project (SERAP) have dragged<\/p>\n
the Federal Government to the ECOWAS Community Court of Justice in Abuja
\nover \u201cfailure to prevent, account for and investigate killings, raping,
\nmaiming of Nigerians and other residents, and destruction of property
\nacross the country by herdsmen, the military and police.\u201d<\/p>\n
In the suit No ECW\/CCJ\/APP\/15\/16 and filed yesterday by Solicitor to
\nSERAP, Femi Falana SAN, the Plaintiff contends \u201cthat the continuing
\nattacks, killings, raping, maiming of Nigerians and other residents, and
\ndestruction of property by the military, police, herdsmen and other
\nunknown perpetrators across the country amount to serious violations of
\nhuman rights of the rights to life, to the security and dignity of the
\nhuman person, and to property.\u201d<\/p>\n
The suit reads in part: \u201cThe Plaintiff contends that the Defendant is
\nresponsible for these human rights violations and abuses by the military,
\npolice, herdsmen and other unknown perpetrators which have not been
\nadequately prevented, investigated or prosecuted by the authorities. These
\nresponsibilities are heightened when an observable pattern has been
\noverlooked or ignored, such as is the case in this suit.\u201d<\/p>\n
\u201cThe Plaintiff also contends that the obligation to secure the right to
\nlife is not confined to cases where it has been established that the
\nkillings were caused by an agent of the State. Nor is it decisive whether
\nthose affected or their families have lodged a formal complaint about the
\nkillings with the competent investigatory authority.\u201d<\/p>\n
\u201cIt is contended that the mere knowledge of the killings by the military,
\npolice, herdsmen and other unknown perpetrators on the part of the
\nauthorities have ipso facto given rise to an obligation under Article 4 of
\nthe African Charter on Human and Peoples\u2019 Rights to carry out an effective
\ninvestigation into the circumstances surrounding the killings and to
\nidentify the perpetrators and bring them to justice, and to provide
\nreparations to victims.\u201d<\/p>\n
\u201cMoreover, the Defendant has a responsibility for those killings, raping
\nmaiming and destruction of property where authorities knew or ought to
\nhave known of an immediate threat and failed to take measures that might
\nhave been expected to avoid those attacks and killings.\u201d<\/p>\n
\u201cThe Plaintiff further contends that the Defendant has positive
\nobligations to provide a framework of security for the protection of life,
\nand to protect the lives of those individuals at risk from unlawful
\nattacks by the military, police, herdsmen and other unknown perpetrators.
\nThe lack of accountability for the attacks by the military, police,
\nherdsmen and other unknown perpetrators across the country has continued
\nto create a culture of impunity which clearly is not compatible with the
\nrule of law in a democratic society.\u201d<\/p>\n
\u201cThe Plaintiff contends that the Defendant has a positive obligation to
\ntake measures to secure the right to life, right to security and dignity
\nof the human person and right to property, and to prevent attacks and
\nkillings by the military, police, herdsmen and other unknown perpetrators
\nacross Nigeria.\u201d<\/p>\n
\u201cHuman life has a special value and dignity which requires legal
\nprotection. It should be pointed out that those affected in the present
\ncase include the most disadvantaged and vulnerable sectors of society.\u201d<\/p>\n
\u201cBy interpreting the African Charter on Human and Peoples\u2019 Rights so as to
\nimpose on the Defendant obligations to prevent, account for and
\ninvestigate killings, raping, maiming of Nigerians and other residents and
\ndestruction of property, whether or not the Defendant is directly or
\nindirectly responsible, the ECOWAS Court of Justice will be demanding from
\nthe Nigerian government a commitment to securing these rights and to the
\nreform of the very structure and modus operandi of its legal institutions.
\nIn so doing, the ECOWAS Court will help to address the systemic factors
\ncontributing to the attacks by the military, police, herdsmen and other
\nunknown perpetrators.\u201d<\/p>\n
\u201cA fundamental notion of contemporary human rights law is that victims of
\nviolations enjoy an independent right to effective remedies. This idea is
\nitself founded on another longstanding legal principle: ubi ius ibi
\nremedium (there is no right without a remedy).\u201d<\/p>\n
SERAP therefore is asking the ECOWAS Court of Justice for the following
\nreliefs:<\/p>\n
1.\u00a0\u00a0\u00a0 A DECLARATION that the attacks, killings, raping and maiming of
\ncitizens and other residents and destruction of property and other serious
\nhuman rights violations and abuses across the country by the military,
\npolice, herdsmen and other unknown perpetrators amount to failure by the
\nDefendant to exercise due diligence to prevent the attacks and killings
\nand cannot be justified under any circumstances, and therefore constitutes
\na serious breach of Nigeria\u2019s international human rights obligations and
\ncommitments to ensure and secure the rights to life, to dignity and
\nsecurity of the human person, and to property, guaranteed under the
\nAfrican Charter on Human and Peoples\u2019 Rights,\u00a0 and the UN International
\nCovenant on Civil and Political Rights to which Nigeria is a state party.
\n2.\u00a0\u00a0\u00a0 A DECLARATION that the failure of the Defendant to exercise due
\ndiligence and to take steps to prevent attacks, killings, raping, and
\nmaiming of hundreds of Nigerians and other residents and destruction of
\nproperty and other serious human rights violations and abuses by the
\nmilitary, police, herdsmen and other unknown perpetrators, and to conduct
\nprompt, impartial, thorough and transparent investigations and to hold
\nthose responsible to account, is unlawful as it amounts to breaches of
\nobligations to respect, protect, promote and fulfil the human rights
\nguaranteed under the African Charter on Human and Peoples\u2019 Rights and
\nInternational Covenant on Civil and Political Rights to which Nigeria is a
\nstate party.
\n3.\u00a0\u00a0\u00a0 A DECLARATION that the failure of the Defendant to provide for an
\neffective remedy and reparation for the victims, is unlawful as it amounts
\nto breaches of obligations to respect, protect, promote and fulfil the
\nhuman rights guaranteed under the African Charter on Human and Peoples\u2019
\nRights and International Covenant on Civil and Political Rights to which
\nNigeria is a state party.
\n4.\u00a0\u00a0\u00a0 A DECLARATION that the failure of the Defendant to provide an
\nenvironment necessary for securing and promoting the enjoyment of the
\nhuman rights to life, dignity and security of the person, and to property,
\nis unlawful as it amounts to breaches of obligations to promote and fulfil
\nthe human rights guaranteed under the African Charter on Human and
\nPeoples\u2019 Rights and International Covenant on Civil and Political Rights
\nto which Nigeria is a state party.
\n5.\u00a0\u00a0\u00a0 AN ORDER directing the Defendant and\/or its agents individually
\nand\/or collectively to respect, protect, promote, and fulfil the human
\nrights of Nigerians and residents and communities across the country that
\nhave suffered attacks and human rights violations abuses by the military,
\npolice, herdsmen and other unknown perpetrators.
\n6.\u00a0\u00a0\u00a0 AN ORDER directing the Defendant to investigate all cases of
\nunlawful killings noted herein and pay adequate money compensation of N50
\nmillion to each of the dependents.
\n7.\u00a0\u00a0\u00a0 AN ORDER directing the Defendant and\/or its agents individually
\nand\/or collectively to provide effective remedies and reparation,
\nincluding adequate compensation, restitution, satisfaction or guarantees
\nof non-repetition that the Honourable Court may deem fit to grant to the
\nvictims of attacks by the military, police, herdsmen and other unknown
\nperpetrators.<\/p>\n","protected":false},"excerpt":{"rendered":"
The Socio-Economic Rights and Accountability Project (SERAP) have dragged the Federal Government to the ECOWAS Community Court of Justice in Abuja over \u201cfailure to prevent, account for and investigate killings,…<\/p>\n","protected":false},"author":1,"featured_media":19332,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"categories":[17],"tags":[],"class_list":["post-48990","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-exclusive"],"yoast_head":"\n