The Registered Trustees of the Socio-Economic Rights and Accountability Project
(SERAP) have dragged the Federal Government to the ECOWAS Community Court of
Justice in Abuja over “failure to prevent, account for and investigate killings, raping,
maiming of Nigerians and other residents, and destruction of property across the
country by herdsmen, the military and police.”
In the suit No ECW/CCJ/APP/15/16 and filed yesterday by Solicitor to SERAP, Femi
Falana SAN, the Plaintiff contends “that the continuing attacks, killings, raping, maiming
of Nigerians and other residents, and destruction of property by the military, police,
herdsmen and other unknown perpetrators across the country amount to serious
violations of human rights of the rights to life, to the security and dignity of the human
person, and to property.”
The suit reads in part: “The Plaintiff contends that the Defendant is responsible for these
human rights violations and abuses by the military, police, herdsmen and other
unknown perpetrators which have not been adequately prevented, investigated or
prosecuted by the authorities. These responsibilities are heightened when an observable
pattern has been overlooked or ignored, such as is the case in this suit.”
“The Plaintiff also contends that the obligation to secure the right to life is not confined
to cases where it has been established that the killings were caused by an agent of the
State. Nor is it decisive whether those affected or their families have lodged a formal
complaint about the killings with the competent investigatory authority.”
“It is contended that the mere knowledge of the killings by the military, police, herdsmen
and other unknown perpetrators on the part of the authorities have ipso facto given rise
to an obligation under Article 4 of the African Charter on Human and Peoples’ Rights to
carry out an effective investigation into the circumstances surrounding the killings and to
identify the perpetrators and bring them to justice, and to provide reparations to
victims.”
“Moreover, the Defendant has a responsibility for those killings, raping maiming and
destruction of property where authorities knew or ought to have known of an immediate
threat and failed to take measures that might have been expected to avoid those
attacks and killings.”
“The Plaintiff further contends that the Defendant has positive obligations to provide a
framework of security for the protection of life, and to protect the lives of those
individuals at risk from unlawful attacks by the military, police, herdsmen and other
unknown perpetrators. The lack of accountability for the attacks by the military, police,
herdsmen and other unknown perpetrators across the country has continued to create a
culture of impunity which clearly is not compatible with the rule of law in a democratic
society.”
“The Plaintiff contends that the Defendant has a positive obligation to take measures to
secure the right to life, right to security and dignity of the human person and right to
property, and to prevent attacks and killings by the military, police, herdsmen and other
unknown perpetrators across Nigeria.”
“Human life has a special value and dignity which requires legal protection. It should be
pointed out that those affected in the present case include the most disadvantaged and
vulnerable sectors of society.”
“By interpreting the African Charter on Human and Peoples’ Rights so as to impose on
the Defendant obligations to prevent, account for and investigate killings, raping,
maiming of Nigerians and other residents and destruction of property, whether or not
the Defendant is directly or indirectly responsible, the ECOWAS Court of Justice will be
demanding from the Nigerian government a commitment to securing these rights and
to the reform of the very structure and modus operandi of its legal institutions. In so
doing, the ECOWAS Court will help to address the systemic factors contributing to the
attacks by the military, police, herdsmen and other unknown perpetrators.”
“A fundamental notion of contemporary human rights law is that victims of violations
enjoy an independent right to effective remedies. This idea is itself founded on another
longstanding legal principle: ubi ius ibi remedium (there is no right without a remedy).”
SERAP therefore is asking the ECOWAS Court of Justice for the following reliefs:
A DECLARATION that the attacks, killings, raping and maiming of citizens and other
residents and destruction of property and other serious human rights violations and
abuses across the country by the military, police, herdsmen and other unknown
perpetrators amount to failure by the Defendant to exercise due diligence to prevent the
attacks and killings and cannot be justified under any circumstances, and therefore
constitutes a serious breach of Nigeria’s international human rights obligations and
commitments to ensure and secure the rights to life, to dignity and security of the
human person, and to property, guaranteed under the African Charter on Human and
Peoples’ Rights, and the UN International Covenant on Civil and Political Rights to which
Nigeria is a state party;
A DECLARATION that the failure of the Defendant to exercise due diligence and to take
steps to prevent attacks, killings, raping, and maiming of hundreds of Nigerians and
other residents and destruction of property and other serious human rights violations
and abuses by the military, police, herdsmen and other unknown perpetrators, and to
conduct prompt, impartial, thorough and transparent investigations and to hold those
responsible to account, is unlawful as it amounts to breaches of obligations to respect,
protect, promote and fulfil the human rights guaranteed under the African Charter on
Human and Peoples’ Rights and International Covenant on Civil and Political Rights to
which Nigeria is a state party;
A DECLARATION that the failure of the Defendant to provide for an effective remedy and
reparation for the victims, is unlawful as it amounts to breaches of obligations to
respect, protect, promote and fulfil the human rights guaranteed under the African
Charter on Human and Peoples’ Rights and International Covenant on Civil and Political
Rights to which Nigeria is a state party;
A DECLARATION that the failure of the Defendant to provide an environment necessary
for securing and promoting the enjoyment of the human rights to life, dignity and
security of the person, and to property, is unlawful as it amounts to breaches of
obligations to promote and fulfil the human rights guaranteed under the African Charter
on Human and Peoples’ Rights and International Covenant on Civil and Political Rights
to which Nigeria is a state party.
AN ORDER directing the Defendant and/or its agents individually and/or collectively to
respect, protect, promote, and fulfil the human rights of Nigerians and residents and
communities across the country that have suffered attacks and human rights violations
abuses by the military, police, herdsmen and other unknown perpetrators;
AN ORDER directing the Defendant to investigate all cases of unlawful killings noted
herein and pay adequate money compensation of N50 million to each of the
dependents;
AN ORDER directing the Defendant and/or its agents individually and/or collectively to
provide effective remedies and reparation, including adequate compensation, restitution,
satisfaction or guarantees of non-repetition that the Honourable Court may deem fit to
grant to the victims of attacks by the military, police, herdsmen and other unknown
perpetrators.
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