News
#EndSARS Report: SERAP, 116 Others Sue Buhari, Want Arrest, Prosecution Of Suspects
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.
Rivers State Head of Service, Dr (Mrs) Inyingi Brown, has called on rural communities in the State to embrace the Rural Access and Agricultural marketing project (RAAMP) with a view to improving their living conditions.
This follows the ongoing sensitization campaign by the State Project Implementation Unit (SPIU) visits to Degema, Abonnema, Afam headquarters of Degema, Akuku Toru and Oyigbo Etche and Omuma local government areas respectively.
Dr Brown who was represented by the Deputy Director, Special Duties in her office, Mrs Dein Akpanah, said RAAMP was initiated by the Federal Government and World Bank to economically empower rural dwellers.s
She said the World Bank understands the plights of rural farmers and traders in the State, and therefore came up with the programme to address them.
According to her, RAAMP will improve the conditions of farmers, traders and fishermen, and therefore, behoves on every rural communities in the State to embrace the programme.
The Head of Service also said the programme would support the youths to be gainfully employed while bridges and roads will be built to link farms and fishing settlements.
Also speaking, the State project coordinator, Mr Joshua Kpakol, said the programme has the potential of creating millionaires among farmers and fishermen in the State.
Kpakol who was represented by Engr. Sam Tombari, said RAAMP would help farmers and fishermen to preserve their produce.
According to him, the project will build cold rooms and Silos for preservation of crops and fishes while access roads will also be created to link farmers and fishermen to the market.
He, however, warned them against any act that will lead to the suspension of the projects by the World Bank.
Kpakol particularly warned against acts such as kidnapping, marching ground, gender based violence and child labour, adding that such acts if they occur may lead to the cancellation of the project by the World Bank.
During the visit to Oyigbo local government area, Mr Joshua Kpakol, said the team was there to let them know how they will benefit from the Raamp.
The coordinator who was personally at Oyigbo said the World Bank introduced the project to check food insecurity in the State.
He said already 19 states in Nigeria are already benefitting from the project and called on them to embrace the project.
Meanwhile, stakeholders in the three local government areas have commended the World Bank for including their areas in the project.
They, however, complained over the incessant attacks by pirates on their waterways.
At Degema, King Agolia of Ke kingdom said land was a major problem in the kingdom.
King Agolia represented by High Chief Alpheus Damiebi said many indigenes of the kingdom are willing to go into farming but are handicapped by lack of land.
Also at Degema, the representative of the Omu Onyam Ekeim of Usokun Degema kingdom, Osoabo Isaac, said Degema has embraced the programme but needed more information on the implementation of the programme.
Similarly, while High Chief Precious Abadi advised that the project should not be narrowed to only crop farming, a community women leader, Mrs Orikinge Eremabo Otto, called for the construction of cold rooms in all fishing settlements in the area.
At Abonnema, Mr Diamond Kio linked the problem of the area to incessant piracy along waterways.
He also expressed fears over the possibility of the project being hijacked by politicians.
Also at Abonnema, a stakeholder, Ikiriko Kelvin, called on the World Bank to design an agricultural project that will suit the riverine environment, while at Oyigbo, HRH Eze Boniface Akawo expressed satisfaction with the project.
John Bibor
The political mudslinging between the Senate leadership and Senator Natasha Akpoti-Uduaghan continued yesterday as the Senate named Senator Aniekan Bassey as the new Chairman of the Committee on Diaspora and Non-Governmental Organisations.
Senate President, Godswill Akpabio, announced the appointment during yesterday’s plenary, confirming Bassey’s replacement of Senator Natasha Akpoti-Uduaghan, who is currently on suspension.
Akpoti-Uduaghan was reassigned to the Diaspora and NGOs Committee in February after she was removed as Chair of the Senate Committee on Local Content during a minor reshuffle.
Bassey is the senator representing Akwa Ibom North-East Senatorial District.
Although no reason was given for her removal yesterday, the change is believed to be connected to her unresolved suspension.
In May, Justice Binta Nyako of the Federal High Court ordered her reinstatement and directed her to tender an apology to the Senate.
However, the Senate has insisted it has not received a certified true copy of the court judgment.
Akpoti-Uduaghan who represents Kogi Central, has yet to resume her legislative duties despite a recent court ruling that voided her suspension.
In a televised interview on Tuesday, Akpoti-Uduaghan said she was awaiting the Certified True Copy of the judgment before officially returning to plenary, citing legal advice and respect for institutional process.
Although the Federal High Court described her suspension as “excessive and unconstitutional”, a legal opinion dated July 5 and attributed to the Senate’s counsel, Paul Daudu (SAN), argued that the ruling lacked any binding directive to enforce her reinstatement.
Akpoti-Uduaghan, one of only three female senators in the current assembly, said the continued delay in allowing her return was not only a denial of her mandate but also a blow to democratic representation.
“By keeping me out of the chambers, the Senate is not just silencing Kogi Central, it’s denying Nigerian women and children representation. We are only three female senators now, down from eight,” she said.
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