Socio-Economic Rights and Accountability Project and 116
concerned Nigerians have filed a lawsuit asking the Federal High Court in Abuja
to “direct and compel President Muhammadu Buhari to take immediate steps to
ensure the arrest of soldiers and police officers indicted by the Lagos
#EndSARS panel report for the shooting of peaceful protesters at the Lekki
toll-gate, and police brutality cases.”
In the suit number FHC/ABJ/CS/1482/2021 filed last Friday,
SERAP is also asking the court to “direct and compel President Buhari to bring
to justice anyone suspected to be responsible for the shooting of peaceful
protesters, and to ensure access to justice and effective remedies for victims,
including adequate compensation.”
SERAP argues that “It is in the interest of justice to grant
this application, as it would improve respect for Nigerians’ rights, the rule
of law, and public confidence in government institutions, as well as reduce the
growing culture of impunity of perpetrators.”
The rights group said, “The safety of protesters in Nigeria
remains as precarious as ever, and impunity for crimes against them is growing.
Impunity emboldens perpetrators. A failure to bring to justice those indicted
for the shooting of peaceful protesters is, in itself, a violation of the
rights to life and human dignity.”
It said, “The flagrant lack of accountability for past
violations of the rights of protesters has given rise to a growing sense of
powerlessness, and resentment not only among victims and their families, but
among the general public.”
The suit also said, “The failure to promptly arrest, and
bring to justice those suspected to be responsible for the shooting of peaceful
protesters, and to ensure access to justice and effective remedies for victims
and their families amounts to a travesty of justice, as justice delayed is
justice denied.”
SERAP said it is also seeking “an order of mandamus to
direct and compel President Buhari to ensure that those still being detained
solely for peacefully exercising their human rights are immediately and
unconditionally released, and all charges against them are dropped.
The rights group is further seeking “an order of mandamus to
direct and compel President Buhari to ensure full and effective respect for the
human rights of everyone across the country, including the rights to life,
dignity, freedom of expression, peaceful assembly, and association.”
Joined in the suit as Respondent is the Minister of Justice
and Attorney General of the Federation, Mr Abubakar Malami, SAN.
The suit filed on behalf of SERAP by its lawyers Kolawole
Oluwadare and Opeyemi Owolabi read in part, “The Buhari administration has the
constitutional responsibility to allow victims of human rights violations to
find out the truth in regard to acts committed, to know who the perpetrators of
such acts are, and to obtain justice and adequate compensation.
“The right to life is an inherent, core, and non-derogable
human right, regardless of the circumstances, and even in times of armed
conflict or states of emergency. Summary, extrajudicial, or arbitrary
executions are clearly prohibited under the Nigerian Constitution of 1999 [as
amended] and international law.
“The UN Principles on the Effective Prevention and
Investigation of Extra-Legal, Arbitrary, and Summary Executions affirm that
‘extra-legal, arbitrary, and summary executions’ cannot be carried out under
any circumstances.’
“According to the principles, ‘governments shall prohibit
orders from superior officers or public authorities authorizing or inciting
other persons to carry out any such extra-legal, arbitrary or summary
executions. All persons shall have the right and the duty to defy such orders.’
“International law
requires that the use of lethal force, such as firearms, is an ‘extreme
measure’ that should only be considered when strictly necessary in order to
protect life or prevent serious injury from an imminent threat.
“Articles 2(1) and 2(3) of the International Covenant on
Civil and Political Rights to which Nigeria is a state party require State
Parties to ‘undertake to respect and ensure’ and provide effective remedies for
violations of the rights in the Covenant.
“The remedies must be accessible and effective remedies and
take into account the special vulnerability of certain categories of person.
“The General Assembly of the United Nations adopted a set of
principles relating to states’ obligations to the victims of serious violations
of international human rights law that makes clear that states are obligated to
investigate violations of international human rights law thoroughly and
impartially, and where appropriate, take action against those allegedly
responsible.
“States also have the duty to investigate and, if there is
sufficient evidence, the duty to submit to prosecution the person allegedly
responsible for violations.
“President Buhari has a constitutional duty, being the Chief
Executive Officer of the Federation and the Commander-in-Chief of the armed
forces, to ensure access to justice and effective remedies for victims, and
that there is no impunity for allegations of human rights violations.
The suit followed the submission of the Lagos #EndSARS panel
report on the Lekki shooting incident and police brutality cases to the state
governor, Babajide Sanwo-Olu. The leaked report is said to have indicted some
soldiers and police officers for “the shooting of protesters, leading to
grievous injuries and deaths.
The panel reportedly found that “the shooting of protesters
at the Lekki toll-gate on October 20, 2020 was unwarranted, excessive, provocative
and unjustifiable in the circumstances of the state of the protests, which was
peaceful and orderly.”
No date has been fixed for the hearing of the suit.
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