By Olusegun Olanrewaju
Two days to the submission of the EndSARS report to the Federal Government in Abuja, a ratchet of fireworks emerged on the legality and punishment for offenders.
In Lagos, a non-governmental organisation, Socio-Economic Rights and Accountability Project and 116 concerned Nigerians have filed a lawsuit asking the Federal High Court in Abuja to take action against indicted security personnel in the October 2020 uprising against police brutality, particularly against the Special Anti-Robbery Squad (SARS).
But in Abuja, the Minister of State for Labour and Employment, and a Senior Advocate of Nigeria (SAN), Festus Keyamo, speaking on Channels TV programme, faulted the judicial panel of inquiry set up to investigate cases of police brutality and SARS-related abuses, saying the reports are illegal.
SERAP’s legal challenge is predicated on its stated demand for an action 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 suit number FHC/ABJ/CS/1482/2021 filed on Friday at the Federal High Court in Abuja, SERAP is 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.”
The organisation 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.
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“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 also 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 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 the respondent is the Minister of Justice and Attorney-General of the Federation (AGF), 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 regarding 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-derogatory human right, regardless of the circumstances, and even in times of armed conflict or states of emergency.
“Summary, extrajudicial, or arbitrary executions are prohibited under the Nigerian Constitution of 1999 (as amended), and international law,” SERAP said.
The group added: “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 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.
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“The remedies must be accessible and effective 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.”
The suit also stated that “states also have 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 indicated some soldiers and police officers for “the shooting of protesters, leading to grievous injuries and deaths.”
The panel said it found out 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.”
Human rights lawyer Keyamo, however, faulted the judicial panel of inquiry set up to investigate cases of police brutality and SARS-related abuses.
The Lagos State Government is set to submit its report on the events surrounding the October 20, 2020, #EndSARS protest at the Lekki Toll Gate, to the Federal Government.
