Socio-Economic Rights and Accountability Project (SERAP) and 116 concerned Nigerians have filed a lawsuit asking the Federal High Court in Abuja to “direct and compel President MuhammaduBuhari 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 the suit number FHC/ABJ/CS/1482/2021 filed, last Friday, SERAP is also 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.”
In the suit, SERAP is arguing 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.”
SERAP said: “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.”
According to SERAP: “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.”
SERAP 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 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.
SERAP 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 Respondent is the Minister of Justice and Attorney General of the Federation, Mr AbubakarMalami, SAN.
The suit filed on behalf of SERAP by its lawyers,KolawoleOluwadare, and OpeyemiOwolabi, read in part: “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.
“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.
“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.”
The suit followed the submission of the Lagos #EndSARS panel report on the Lekki shooting incident and police brutality cases to the state governor, BabajideSanwo-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 reportedly found 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.”
No date has been fixed for the hearing of the suit.
Dislodge Illegal Oil Refinery Operators, Wike Tasks Monarchs
Rivers State Governor, Chief Nyesom Wike has urged traditional rulers in the state not to allow illegal crude oil refining (Kpo-fire) activities to take place in their domains anymore.
Wike gave the charge at a meeting he held with traditional rulers in the state at the Banquet Hall of Government House, Port Harcourt, last Friday.
The meeting was also attended by heads of security agencies and chairmen of the 23local government areas of the state.
Wike told the traditional rulers that those involved in illegal oil refining activities were sabotaging the economy.
He regretted that the Federal Government, which controls the oil industry and the security agencies, has been indifferent to the soot pandemic and the damage it was inflicting on the health of the residents of Rivers State.
“I should think that the way Federal Government intends to fight insurgency is the way they should fight illegal oil bunkering, because it is sabotage on the national economy. Very big sabotage! It affects our own revenue.
“If we are supposed to produce two million barrels, for example, we are now producing 1.2million. And that 1.2million barrels, it affects Rivers State because we are not producing up to the volume we are supposed to produce, and then, we cannot get the money to do whatever you want us to do.”
The governor also said that illegal oil refining activities constitute environmental hazard capable of causing cancer-related illnesses in the state.
According to him, his primary concern was to ensure that the health of residents of the state was not jeopardised.
“It is the responsibility of the Federal Government to see how this thing can be stopped. As I speak to you, nobody has called me from the Federal Government to say how they can support us. But that is not my business. My business is the health of my people. I will not because the Federal Government is not interested to stop it, therefore, my people should die. If everybody dies, who are you going to govern?”
The governor, therefore, urged the traditional rulers not to be less concerned about the activities of illegal oil refinery operators, but to frantically mobilise members of their Community Development Committees (CDCs) and the leadership of their youth groups to work in synergy to dislodge them from their domains.
Wike berated the Nigerian Police for being complicit in the criminal act of illegal oil bunkering, which is why they were not committed to the fight to stop the illicit business.
He also described as embarrassing how officers of the Nigerian Security and Civil Defence Corps (NSCDC) have continued to be complicit in the act and shamelessly involved in sabotaging the national economy.
“I don’t know how I can be a security officer sent to a place to protect people, to protect whatsoever belongs to the Federal Government, at the same time, I’m involved in sabotaging the national economy. I don’t understand how I can wear uniform and be involved in that. If they do not want to support us, we have no choice but to expose all the atrocities that are going on in this state.”
Wike said he recently received intelligence that an Army Major was providing exit services to illegally refined petroleum products, and had to send security personnel to thwart it.
“In fact, I had to send my special security to go and intercept a major who was trying to escort some of these illegal products.”
The governor declared that his administration would not hesitate to expose any security personnel involved in such illegal oil refining activities.
Wike frowned at the inability of the Nigeria Police to arrest Chief W. J. Wocha; Fubara Ohaka; and other members of the illegal bunkering cartel operating at Ibaa community in Emohua Local Government Area.
He said the names of all indicted persons would be published soon and they would be declared wanted.
Rivers Rating In Ease Of Doing Business Rises -Banigo
Rivers State Deputy Governor, Dr Ipalibo Harry Banigo has said that the sub-National Ease of Doing Business Baseline Survey indicates that Rivers State was doing great in the Ease of Doing Business Index in the country.
Banigo stated this at the Port Harcourt International Airport, Omagwa, last Thursday, shortly after her arrival from Abuja, where she represented the State Chief Executive, Chief Nyesom Wike at the Nigerian Governors’ Forum and the National Economic Council meeting.
Banigo disclosed that the factors, which determine this survey, include infrastructure, security and healthcare.
“With the 10 flyovers the governor was constructing in Rivers State, and of course, with all the other infrastructure in health, education; and the monumental improvement in security as well as the clearing of the hideouts of criminals, obviously gave us a head way in doing very well in this baseline survey”, the deputy governor further stressed.
According to the public health physician, the response of the state to the COVID-19 pandemic, under the watch of the governor as the incident manager, has been tremendous in terms of healthcare delivery.
“I want to encourage the citizens of the state to maintain the non-pharmaceutical measures like the correct wearing of face masks, regular washing of hands with soap and running water for, at least, 20 seconds, social distancing, coughing and sneezing into one’s elbow as well as the improvement of personal and environmental hygiene. I also want to encourage Rivers people that vaccination actually reduces the mortality and morbidity that arises from COVID-19″, Banigo said.
Ex-Agitators Beg Firms To Return To N’Delta
Ex-agitators have pleaded with companies especially oil companies that relocated from the Niger Delta region following spate of insecurity triggered by militancy to return to the region promising uninterrupted peace.
The former warlords also called on interventionist agencies to work together to sustain the peace and ensure development of the region.
They spoke in Yenagoa, the Bayelsa State capital, during a regional peace summit to sensitize people on the need to advance the peace currently enjoyed in the region.
The ex-agitators also condemned proliferation of illegal refineries and lamented its adverse effects on development.
One of the participants at the summit and ex-freedom fighter, Pastor Nature Dumale Kieghe said as ex-agitators, who keyed into the vision of the Interim Administrator, Presidential Amnesty Programme, Col. Milland Dixon Dikio (rtd), they have resolved to work for a new and better Niger Delta.
“It is important to sensitize our people towards a peaceful Niger Delta and create a friendly environment that will attract development, Multinational companies and other foreign investors to the region.
“We, who once carried guns, are now here to preach the message of peace to our people in the region. Peace is the only way we can have the developed environment that we dream of. Peace is the only way to attract the multinationals, investors and also be gainfully employed,” he said.
According to Nature, peace remained a vital tool to attract investors to the region which would in turn create business and job opportunities for the people.
“Companies that have left the Niger Delta because of insecurity need to return, this is the purpose for sensitization. We are blessed with an environment that is supposed to prosper us, we can only enjoy our natural resources if there is a peaceful environment, “ he added.
Nature pointed out that a major setback to the development of the Niger Delta was the absence of proper coordination among key stakeholders.
He said with the right synergy, the Ministry of Niger Delta Affairs, the Niger Delta Development Commission (NDDC), Ministry of Environment, Ministry of Petroleum Resources, the Presidential Amnesty office, could hasten the needed development of the region.
On illegal oil refinery, Nature explained that beyond hampering the development of the region, illegal refining of petroleum products was life threatening and dangerous to the ecosystem.
The sensitization programme commenced in Bayelsa state with 150 Niger Delta youths in attendance and would be held across the nine states of the region to create adequate awareness.
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