International Court Rules Against Abuja for Shooting Peaceful Demonstrators
As mega-protest Set for Aug. 1 Threatens to Shutdown Traffic in All City Centers
By Ezinwanne Onwuka
(Abuja) Four years after Nigerian security forces fired live ammunition into a crowd of unarmed protesters at the Lekki Toll Gate in Lagos, the victims and their families are set to get justice.
The Economic Community of West Africa (ECOWAS) a 15-country political bloc in Africa and based in Abuja, has condemned through its Court of Justice the Nigerian Authorities for extrajudicial killings during the EndSARS protests in 2020. The court has found the Nigerian government guilty of violating the rights of the protesters through excessive use of force, unlawful arrests, and detention.
This landmark judgment comes as Nigerians prepare for another ground-breaking nationwide protest dubbed “End Bad Governance in Nigeria” slated for August 1 to 10, 2024. During the
The tragic and avoidable clash began on Oct. 4, 2020, when Nigerian security forces fired live ammunition into a crowd of unarmed protesters at the Lekki Toll Gate in Lagos. Surviving victims and families of those killed have sought damages through the courts ever since.
The #EndSARS Movement: A Call for Change
In October 2020, the hashtag #EndSARS took Nigeria and the world by storm. This social media campaign called for the shutdown of the abusive Special Anti-Robbery Squad (SARS) and quickly gained global attention, even drawing support from world leaders such as U.S. President Joe Biden, who was then a presidential aspirant.
The catalyst for the protests was a viral video on Oct. 4, 2020, showing the alleged killing of a young man by SARS officers in Delta State. Despite police denials and claims that the victim was alive, young Nigerians took to the streets on Oct. 7, 2020 demanding the disbandment of SARS for its numerous human-rights violations, including extrajudicial killings, torture, and extortion
On Oct. 11, the government announced the disbandment of SARS and its replacement by a new Special Weapons and Tactical (SWAT) unit, but this move was met with scepticism. Protests continued, culminating in the tragic events of Oct. 20 at Lekki Toll Gate.
Soldiers arrived in about five trucks and surrounded a large group of protesters holding a peaceful sit-in. They used a tactic known as “kettling” to trap the protesters before opening fire. After the soldiers left, police officers arrived and, according to multiple reports, began shooting at protesters who had not managed to flee. The bloody incident became known as the “Lekki Massacre.”
The attack drew the ire of the international community and earned a special CNN investigation. According to Amnesty International, about 56 people died across the country during the protests, and up till now at least 15 protesters arrested are still being arbitrarily detained, some of them without trial.
“The Nigerian authorities have filed trumped-up charges including theft, arson, possession of unlawful firearms, and murder against many of the protesters. Some of those detained allege that they have been subjected to torture,” Amnesty International revealed in a report.
Nigerian Government Responds to Cries for Justice
Despite overwhelming video evidence, the Nigerian government tried to cover up the events of Oct. 20. The military claimed they only fired blank bullets in response to attacks by “hoodlums”, while the government froze the bank accounts of protest leaders, imposed travel restrictions on prominent supporters, and fined three media houses that used footage from social media in their coverage of the protests.
Amidst all these, there was a cry for justice from victims and their families, as well as a population fed up with the brutality and impunity of the police.
A protester who was shot in his upper thigh at Lekki Tollgate shared his opinion about the tragedy with Human Rights Watch: “I am still alive, but we lost others in the struggle, just because youths decided to speak up. If nothing is done to those who shot us, then it really means that our lives are nothing in this country.”
In response to public outcry, the Nigerian government set up judicial panels in Lagos and 35 other states to investigate police abuses and recommend compensation for victims. However, many of these panels faced prolonged adjournments, lack of police cooperation, and transparency issues.
In November 2021, the Lagos State Judicial Panel of Inquiry and Restitution made its report public. It accused Nigerian Army officers of “shooting, injuring, and killing unarmed, helpless, and defenseless protesters without provocation or justification.” The report labelled the events of Oct. 20, 2020, as a “massacre” and accused Nigerian authorities of attempting to cover up their actions by picking up bullets, tampering with CCTV footage and removing the lifeless bodies of victims from the scene.
However, four years on, no concrete recommendations have been instituted or have been passed into law and no police or military officer has been brought to justice over the killings.
The ECOWAS Court Verdict: A New Dawn for Justice
On July 10, 2024, the ECOWAS Court of Justice echoed the findings of the judicial panel, ruling that the Nigerian government violated the rights of the protesters.
“The court found credible evidence of disproportionate use of force and violations of the right to liberty and security, assembly, free speech, and dignity,” said the court statement cited by CNN.
The lawsuit was filed by three Nigerian citizens who participated in the protest: Obianuju Catherine Udeh (alias DJ Switch), Perpetual Kamsi, and Dabiraoluwa Adeyinka. Udeh live-streamed the shootings on her Instagram page.
According to the court statement, Kamsi was “responsible for protesters’ welfare” and was hospitalized after inhaling tear gas, while Adeyinka “recounted narrowly escaping being shot”, and Udeh was “forced into hiding and eventual asylum” after “receiving threatening phone calls.”
The court ordered the Nigerian government to pay N2 million (U.S. $1,422) in compensation to each of the plaintiffs and to investigate and prosecute the operatives responsible for the atrocities. More importantly, it compelled the Nigerian government to provide an update in six months on the investigation and payment of compensation to those affected.
The ECOWAS judgment is a welcome relief for the victims of police brutality and their families. It is also a call to action for the Nigerian government and offers a path towards justice.
Bishop Johnson (not real name), a protester detained for four days, expressed hope: “I was arrested for simply holding a sign calling for an end to police brutality. They (the police) kept us in terrible conditions and denied us food and water. This ruling gives us (victims) hope that the government will be held accountable for its actions.”
Ezinwanne Onwuka is an Abuja-based TruthNigeria reporter.
