The Economic Community of West African States (ECOWAS) Community Court of Justice has ruled that the Nigerian government violated the rights of #EndSARS protesters at the Lekki tollgate in October 2020.
In a landmark verdict delivered on Wednesday, the court condemned the government’s “disproportionate use of force” against protesters at the tollgate in Lagos on October 20, 2020. The court found that live rounds were fired into a crowd of unarmed protesters, a severe breach of international human rights standards.
The court mandated the Nigerian government to pay N10 million in compensation to each victim named in the suit. The case, brought before the ECOWAS Court by a coalition of human rights activists and organizations, alleged severe violations by Nigerian security forces. Amnesty International also submitted an Amicus Brief, which the court accepted.
After thoroughly examining evidence and testimonies, the court concluded that the Nigerian government’s actions violated several international human rights standards, including Articles 1, 5, 6, 9, 10, and 11 of the African Charter on Human and Peoples’ Rights. Key findings included credible evidence of disproportionate use of force and violations of rights to liberty, security, assembly, free speech, and dignity. The court stated that the use of force was unnecessary and contravened Nigeria’s obligations under the African Charter.
The court also agreed that the applicants had suffered torture at the hands of the Nigerian government, stating that the situation at the Lekki tollgate, where live rounds were fired into the crowd of unarmed protesters, created a state of fear. The Nigerian government did not present evidence to refute these allegations.
Additionally, the court held that the government failed to respect the applicants’ rights to freedom of expression, assembly, and association, thus violating Articles 9, 10, and 11 of the African Charter. The government’s actions were deemed inconsistent with Nigeria’s obligations under the ECOWAS Revised Treaty and the African Charter on Human and Peoples’ Rights.
The court criticized the quasi-mechanism set up by the government to investigate the allegations of abuse at the Lekki tollgate, deeming it lacking in independence and questionable.
Consequently, the court ordered the Nigerian government to pay N10 million each in compensation to the applicants. It also mandated the government to conduct thorough investigations into the human rights abuses and implement the outcomes of these investigations. The government must report to the court in six months with an update on the compensation and the progress of the inquiry.
Bolaji Gabari, lead counsel for the applicants, hailed the ruling as a significant victory for the #EndSARS movement, recognizing that citizens’ rights were violated and abuses occurred at Lekki tollgate. “We urge the Nigerian government to comply fully with the court’s orders and take immediate steps to address the systemic issues identified in the judgment,” Gabari said.
Mojirayo Ogunlana, another counsel for the applicants, recalled that the Nigerian government did not present a defense until 2023, when it argued that the #EndSARS peaceful protest was unlawful and perpetuated by hoodlums.
Nelson Olanipekun, Executive Director at Gavel, the coordinating organization for the coalition, added, “The landmark ruling by the ECOWAS Court in favor of #EndSARS victims is a powerful affirmation of justice and a significant step towards healing and accountability for the Lekki Tollgate tragedy.”
On October 20, 2020, peaceful and unarmed protesters were fired upon by Nigerian security agents at the Lekki tollgate, abruptly ending the landmark #EndSARS protests, which had begun organically in Delta State 17 days earlier and spread nationwide, calling for an end to police brutality in Nigeria.
In December 2021, three victims brought the case before the ECOWAS Court, seeking justice for themselves and those affected by the violations.
