The Community Court of Justice, ECOWAS, ruled on Wednesday that the Federal Republic of Nigeria violated the human rights of Obianuju Udeh, also known as DJ Switch, and two other #EndSARS protesters. The court found that Nigeria breached Articles 1, 4, 6, 9, 10, and 11 of the African Charter on Human Rights.
The court ordered Nigeria to pay N2 million as compensation for these rights violations and to prosecute the responsible security agents. The government is required to report within six months on the measures taken to implement the judgment.
The applicants, Obianuju Udeh, Perpetual Kamsi, and Dabiraoluwa Adeyinka, claimed that their rights were violated during peaceful protests at the Lekki Toll Gate in Lagos State on October 20 and 21, 2020. Udeh alleged that soldiers shot at protesters, resulting in deaths and injuries, which she live-streamed. She subsequently received threatening phone calls, forcing her into hiding and eventually seeking asylum. Kamsi, responsible for protesters' welfare, described how soldiers started shooting after a power cut, leading to her hospitalization due to police tear gas. Adeyinka claimed she narrowly escaped being shot, observed soldiers refusing ambulance access, and later witnessed inadequate hospital care for victims. She and her colleagues had to take over the victims' care, facing ongoing threats and surveillance believed to be by the respondent’s agents.
The court dismissed the allegation that the right to life was violated but upheld other claims, stating that Nigeria breached several articles of the African Charter on Human and Peoples’ Rights. Justice Koroma Mohamed Sengu, who delivered the judgment, highlighted that the respondent must pay each applicant N2 million for the violations and ensure the investigation and prosecution of responsible agents. The court also mandated Nigeria to report within six months on the measures taken to comply with this judgment.
The Nigerian government denied all claims, asserting that the protesters unlawfully assembled at Lekki Toll Gate and that its agents followed strict rules of engagement without shooting or killing protesters. The government argued that the first applicant incited the crowd, the second applicant's support indicated her backing of the protest, and the third applicant intended to escalate violence. The government maintained that the treatment and care of the injured were managed by the Lagos State government and that the applicants failed to provide credible evidence for their claims.
