LEADING civil rights group, the
Socio-Economic Rights and Accountability Project (SERAP) has dragged the
Federal Government to the ECOWAS Court of Justice in Abuja over negligence to protect
lives of the citizenry stating that the neglect violated Section 14 (2)(b) of the 1999 Constitution of the Federal Republic of Nigeria, as amended which
provides “the
security and welfare of the people shall be the primary purpose of government”.
Emphatically, the registered
trustees of the group is seeking the orders of the court for the federal
government to account for and investigate incessant killings, raping, maiming
of Nigerians and other residents, and destruction of property across the
country by herdsmen, the military and police contrary to the statutory
provisions of law.
In the suit No ECW/CCJ/APP/15/16 filed
yesterday by Solicitor to SERAP, Femi Falana SAN, the plaintiffs contend “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 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.”
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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