…want effective remedies for victims of Oct. 20, 2021 Lekki Toll Gate shooting, adequate compensation
“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 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. 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’’
President Muhammadu Buhari has been asked to rise up to the occasion by taking 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 on October 20, 2021.
The Socio-Economic Rights and Accountability Project (SERAP) and 116 concerned Nigerians, who made the demand, 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.
In a suit filed at a Federal High Court in Abuja on Friday, Nov. 26, 2021, SERAP is also asking the court to among others 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.
Joined in the suit filed on behalf of SERAP by its lawyers — Kolawole Oluwadare and Opeyemi Owolabi — as Respondent is the Minister of Justice and Attorney General of the Federation, Mr Abubakar Malami (SAN).
The Lagos #EndSARS panel had submitted its report on the Lekki shooting incident and police brutality cases to 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 reportedlystated that “the shooting of protesters at the Lekki Tollgate 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.
“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 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.
“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.”
“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.
“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,’’ SERAP said in a statement given to Persecondnews.com on Sunday.
It also stated: “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.’’
Alluding to some international resolutions and conventions, SERAP pointed out that the General Assembly of the United Nations had 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.”
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