SERAP sues Nigerian FG over killings by herdsmen, others
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. 4 0 0 0
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