The ECOWAS Court of Justice, Abuja has this morning heard arguments in
\nthe case brought by Socio-Economic Rights and Accountability Project
\n(SERAP) against the Federal Government seeking “justice and
\naccountability for the authorities’ failure to prevent, account for and
\ninvestigate killings, raping, maiming of Nigerians and other residents,
\nand destruction of property across the country by herdsmen and other
\nunknown perpetrators.”<\/p>\n
The Court adjourned the suit to 22 April, 2021 for judgment after
\nhearing arguments from Solicitor to SERAP, Femi Falana SAN, and the
\ngovernment lawyer Mr Adedayo Ogundele.<\/p>\n
In the suit No ECW\/CCJ\/APP\/15\/16, SERAP is arguing that, “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.”<\/p>\n
Femi Falana, arguing the case, said: “The government has not denied the
\nserious averments by SERAP. The government is responsible for the
\nunlawful killings by herdsmen and other unknown perpetrators, which have
\nnot been adequately prevented, investigated or prosecuted by the
\nauthorities. These responsibilities are heightened when an observable
\npattern has been overlooked or ignored, such as is the case in this
\nsuit.”<\/p>\n
Falana also argued: “The government has a responsibility to protect and
\nensure the security of life and property of everyone in Nigeria. It is
\nnot enough for the government to say that civil cases have been brought
\nby some of the victims. The government has a responsibility to
\ninvestigate, fish out the perpetrators and prosecute them, and to
\ncompensate the victims.”<\/p>\n
The suit, reads in part: “SERAP also contends that the obligation to
\nsecure the right to life is not confined to cases where it has been
\nestablished that the killings were caused by an agent of the State. Nor
\nis it decisive whether those affected or their families have lodged a
\nformal complaint about the killings with the competent investigatory
\nauthority.”<\/p>\n
“It is contended that the mere knowledge of the killings by the
\nmilitary, police, herdsmen and other unknown perpetrators on the part of
\nthe authorities have ipso facto given rise to an obligation under
\nArticle 4 of the African Charter on Human and Peoples’ Rights to carry
\nout an effective investigation into the circumstances surrounding the
\nkillings and to identify the perpetrators and bring them to justice, and
\nto provide reparations to victims.”<\/p>\n
“Moreover, 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.”<\/p>\n
“SERAP further contends that the Defendant has positive obligations to
\nprovide a framework of security for the protection of life, and to
\nprotect the lives of those individuals at risk from unlawful attacks by
\nthe military, police, herdsmen and other unknown perpetrators. The lack
\nof accountability for the attacks by the military, police, herdsmen and
\nother unknown perpetrators across the country has continued to create a
\nculture of impunity which clearly is not compatible with the rule of law
\nin a democratic society.”<\/p>\n
“SERAP contends that the Defendant has a positive obligation to take
\nmeasures to secure the right to life, right to security and dignity of
\nthe human person and right to property, and to prevent attacks and
\nkillings by the military, police, herdsmen and other unknown
\nperpetrators across Nigeria.”<\/p>\n
“Human 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.”<\/p>\n
“A fundamental notion of contemporary human rights law is that victims
\nof violations enjoy an independent right to effective remedies. This
\nidea is itself founded on another longstanding legal principle: ubi ius
\nibi remedium (there is no right without a remedy).”<\/p>\n
SERAP therefore is asking the ECOWAS Court of Justice for the following
\nreliefs:<\/p>\n
A DECLARATION that the attacks, killings, raping and maiming of citizens
\nand other residents and destruction of property and other serious human
\nrights violations and abuses across the country by the military, police,
\nherdsmen 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
\nconstitutes a serious breach of Nigeria’s international human rights
\nobligations and commitments to ensure and secure the rights to life, to
\ndignity and security of the human person, and to property, guaranteed
\nunder the African Charter on Human and Peoples’ Rights,\u00a0 and the UN
\nInternational Covenant on Civil and Political Rights to which Nigeria is
\na state party.
\nA 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
\nconduct prompt, impartial, thorough and transparent investigations and
\nto hold those responsible to account, is unlawful as it amounts to
\nbreaches of obligations to respect, protect, promote and fulfil the
\nhuman rights guaranteed under the African Charter on Human and Peoples’
\nRights and International Covenant on Civil and Political Rights to which
\nNigeria is a state party.
\nA DECLARATION that the failure of the Defendant to provide for an
\neffective remedy and reparation for the victims, is unlawful as it
\namounts to breaches of obligations to respect, protect, promote and
\nfulfil the human rights guaranteed under the African Charter on Human
\nand Peoples’ Rights and International Covenant on Civil and Political
\nRights to which Nigeria is a state party.
\nA 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
\nproperty, is unlawful as it amounts to breaches of obligations to
\npromote and fulfil the human rights guaranteed under the African Charter
\non Human and Peoples’ Rights and International Covenant on Civil and
\nPolitical Rights to which Nigeria is a state party.
\nAN ORDER directing the Defendant and\/or its agents individually and\/or
\ncollectively to respect, protect, promote, and fulfil the human rights
\nof Nigerians and residents and communities across the country that have
\nsuffered attacks and human rights violations abuses by the military,
\npolice, herdsmen and other unknown perpetrators.
\nAN ORDER directing the Defendant to investigate all cases of
\nunlawful killings noted herein and pay adequate money compensation of
\nN50 million to each of the dependents.
\nAN ORDER directing the Defendant and\/or its agents individually and\/or
\ncollectively to provide effective remedies and reparation, including
\nadequate compensation, restitution, satisfaction or guarantees of
\nnon-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
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…<\/p>\n","protected":false},"author":1,"featured_media":78224,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"categories":[4],"tags":[],"class_list":["post-78223","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-other-news"],"yoast_head":"\n