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Showing posts with label SERAP. Show all posts
Showing posts with label SERAP. Show all posts

SERAP asks court to stop Buhari from using ‘draconian’ law against activists, organisations

SERAP asks court to stop Buhari from using ‘draconian’ law against activists, organisations

 

A non profit and non governmental organisation in Nigeria, Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit asking the Federal High Court, Abuja, to “stop Nigerian President, Major General Muhammadu Buhari from implementing draconian and unlawful provisions of the Companies and Allied Matters Act, 2020 which allow the Federal Government to arbitrarily merge a new association with an already registered association; to suspend and remove trustees of any association; and to take over funds belonging to any association, and transfer such funds to another association on the pretext that the account is dormant.”


Joined in the suit as defendants are the Attorney General of the Federation and Minister of Justice, Abubakar Malami, and the Corporate Affairs Commission (CAC).


In the suit number FHC/ABJ/CS/172/2021 filed last Friday, SERAP is seeking: “an order stopping President Buhari, Mr Malami and the CAC from implementing the unconstitutional provisions of CAMA 2020 which allow the Federal Government to arbitrarily and unilaterally cancel or revoke the certificate of registration of any association on flimsy grounds. These provisions may be used as a pretext for rights violations.”


The suit followed SERAP’s letter to President Buhari in August 2020 requesting him to “revoke his assent to CAMA 2020 and return it to the National Assembly for repeal of the repressive provisions, particularly sections 839, 842, 843, 844 and 850 contained in Part F of the Act, and any other similar provisions.”


SERAP is arguing that: “The right to freely associate with others works both ways. The others you want to associate with must be prepared to associate with you. None can be imposed on the other. The right to freedom of association also connotes the right of the others to freely associate with or dissociate from whosoever.”


SERAP is also arguing that: “The Nigerian Constitution of 1999 [as amended], the International Covenant on Civil and Political Rights, and the African Charter on Human and Peoples’ Rights guarantee to everyone the right to freedom of association, to belong to any association of their choice. By allowing the Defendants to arbitrarily merge two or more private associations, religious associations, charities, NGOs or professional bodies, CAMA 2020 blatantly violates this fundamental human right.”


According to SERAP: “Section 842(2)(a)(b)(5)(6) of CAMA 2020 violates the right of these associations and other Nigerians to property including the right to operate their bank accounts and use their funds the way they choose to subject to already existing banking regulations and practices.”


SERAP is also seeking an order of injunction “restraining the Corporate Affairs Commission or persons acting on its instructions from further implementing, applying and enforcing the offensive and unlawful provisions of sections 831; 839; 842; and 850 of CAMA 2020 and any regulations made pursuant to these provisions pending the hearing and determination of the suit.”


The suit filed on behalf of SERAP by its lawyers Kolawole Oluwadare and Opeyemi Owolabi, read in part: “The power under section 831[i][ii] to merge associations without their consent is manifestly unwarranted and serves no purpose, and yet most likely to be abused to violate the rights of individuals to associate with other people of like minds, particularly given the growing restriction on civic space and crushing of peaceful protests in the country.”


funds’

 

“The Defendants do not have the constitutional and legal power to suspend or remove a trustee of any registered association on a mere belief or suspicion the association is engaged in fraud, and without due process of law, and fair hearing.”


“There is no provision in Section 839(7) of CAMA 2020 to the effect that a person or trustee affected can make representations and defend themselves as stipulated by the Nigerian Constitution and international standards. This provision does not provide for any administrative or quasi-judicial review or appeal process, which means the decision by the Corporate Affairs Commission is final.”


“The power to arbitrarily and unilaterally suspend and remove trustees of any legally registered association, and to appoint an interim manager or managers to run the affairs of any such association on the basis of undefined public interest is unlawful, and contrary to the Nigerian Constitution and international human rights treaties to which the country is a state party. The exercise of this arbitrary power is subject only to the approval of the supervisory Minister, a political appointee.”


“Section 842(2)(a)(b) of CAMA 2020 which allows the taking over and transfer of funds belonging to a registered association such as private associations, religious associations, charities, NGOs or professional bodies registered under Part F, to another association is in clear violation of Section 44(1) of the Nigerian Constitution, as it does not provide for payment of compensation and the opportunity for the determination of the interests of the association before a court of law.”


“In Nigeria, everyone has a right to their property, and this right cannot be arbitrarily taken away. A recognized and acceptable canon of interpretation is that statutes such as CAMA 2020 which purport to deprive citizens of their proprietary interest and acquired rights, are always interpreted strictly.”


“Section 850(3) of CAMA 2020 which provides for notice of hearing of the petition to be given to association is of no consequence, as the subject matter of the suit for dissolution would have been dealt with by the act of the Corporate Affairs Commission alone without recourse to due process of law.”


SERAP is seeking the following reliefs:


1. A DECLARATION that Section 831(i)(ii) of CAMA 2020 which empowers the 3rd Defendant to treat an association as forming part of an already registered association and treating two or more associations as one is null, void and of no effect under Section 1(1)(3) of the Nigerian Constitution, for being inconsistent with Section 40 of the Constitution, Article 22 of the International Covenant on Civil and Political Rights, and Article 10 of the African Charter on Human and Peoples’ Rights


2. A DECLARATION that Section 839(1) and (7) of CAMA 2020 which empowers the 3rd Defendant to suspend and/or remove trustees of a legally registered trusties is null, void and of no effect under Section 1(1)(3) of the Nigerian Constitution, for being inconsistent with Sections 36(1)(2) and 40 of the Constitution, Article 14 of the International Covenant on Civil and Political Rights and Article 7 of the African Charter on Human and Peoples’ Rights


3. A DECLARATION that Section 842(2)(a)(b), and (5)(6); 850(1)(d) and (2)(e) of CAMA 2020 is null, void and of no effect under Section 1(1)(3) of the Nigerian Constitution, for being inconsistent with Sections 36(1)(2); 40 and 44(1) of the Constitution, Articles 22 and 10 of the International Covenant on Civil and Political Rights and Articles 7 and 14 of the African Charter on Human and Peoples’ Rights


4. AN ORDER OF COURT declaring Sections 831(i)(ii); 839(1)(7); 842(2)(a)(b), (5) and (6) and 850(1)(d)(2)(e) of CAMA 2020 as null, void and of no effect under Section 1(1)(3) of the Constitution, for being inconsistent with Sections 36(1)(2); 40 and 44(1) of the Constitution


5. AN ORDER OF COURT setting aside portions of Company Regulations and other directives and regulations made by the Defendants [particularly the 3rd Defendant] pursuant to, and specifically relating to Sections 831(i)(ii); 839(1) & (7); 842(2)(a)(b), (5)(6) and 850(1)(d)(2)(e) of CAMA 2020


6. AND any other ancillary or consequential orders as the Honourable Court may deem fit to make in the circumstance of this case.


No date has been fixed for the hearing of the suit.


Kolawole Oluwadare

SERAP Deputy Director



 

A non profit and non governmental organisation in Nigeria, Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit asking the Federal High Court, Abuja, to “stop Nigerian President, Major General Muhammadu Buhari from implementing draconian and unlawful provisions of the Companies and Allied Matters Act, 2020 which allow the Federal Government to arbitrarily merge a new association with an already registered association; to suspend and remove trustees of any association; and to take over funds belonging to any association, and transfer such funds to another association on the pretext that the account is dormant.”


Joined in the suit as defendants are the Attorney General of the Federation and Minister of Justice, Abubakar Malami, and the Corporate Affairs Commission (CAC).


In the suit number FHC/ABJ/CS/172/2021 filed last Friday, SERAP is seeking: “an order stopping President Buhari, Mr Malami and the CAC from implementing the unconstitutional provisions of CAMA 2020 which allow the Federal Government to arbitrarily and unilaterally cancel or revoke the certificate of registration of any association on flimsy grounds. These provisions may be used as a pretext for rights violations.”


The suit followed SERAP’s letter to President Buhari in August 2020 requesting him to “revoke his assent to CAMA 2020 and return it to the National Assembly for repeal of the repressive provisions, particularly sections 839, 842, 843, 844 and 850 contained in Part F of the Act, and any other similar provisions.”


SERAP is arguing that: “The right to freely associate with others works both ways. The others you want to associate with must be prepared to associate with you. None can be imposed on the other. The right to freedom of association also connotes the right of the others to freely associate with or dissociate from whosoever.”


SERAP is also arguing that: “The Nigerian Constitution of 1999 [as amended], the International Covenant on Civil and Political Rights, and the African Charter on Human and Peoples’ Rights guarantee to everyone the right to freedom of association, to belong to any association of their choice. By allowing the Defendants to arbitrarily merge two or more private associations, religious associations, charities, NGOs or professional bodies, CAMA 2020 blatantly violates this fundamental human right.”


According to SERAP: “Section 842(2)(a)(b)(5)(6) of CAMA 2020 violates the right of these associations and other Nigerians to property including the right to operate their bank accounts and use their funds the way they choose to subject to already existing banking regulations and practices.”


SERAP is also seeking an order of injunction “restraining the Corporate Affairs Commission or persons acting on its instructions from further implementing, applying and enforcing the offensive and unlawful provisions of sections 831; 839; 842; and 850 of CAMA 2020 and any regulations made pursuant to these provisions pending the hearing and determination of the suit.”


The suit filed on behalf of SERAP by its lawyers Kolawole Oluwadare and Opeyemi Owolabi, read in part: “The power under section 831[i][ii] to merge associations without their consent is manifestly unwarranted and serves no purpose, and yet most likely to be abused to violate the rights of individuals to associate with other people of like minds, particularly given the growing restriction on civic space and crushing of peaceful protests in the country.”


funds’

 

“The Defendants do not have the constitutional and legal power to suspend or remove a trustee of any registered association on a mere belief or suspicion the association is engaged in fraud, and without due process of law, and fair hearing.”


“There is no provision in Section 839(7) of CAMA 2020 to the effect that a person or trustee affected can make representations and defend themselves as stipulated by the Nigerian Constitution and international standards. This provision does not provide for any administrative or quasi-judicial review or appeal process, which means the decision by the Corporate Affairs Commission is final.”


“The power to arbitrarily and unilaterally suspend and remove trustees of any legally registered association, and to appoint an interim manager or managers to run the affairs of any such association on the basis of undefined public interest is unlawful, and contrary to the Nigerian Constitution and international human rights treaties to which the country is a state party. The exercise of this arbitrary power is subject only to the approval of the supervisory Minister, a political appointee.”


“Section 842(2)(a)(b) of CAMA 2020 which allows the taking over and transfer of funds belonging to a registered association such as private associations, religious associations, charities, NGOs or professional bodies registered under Part F, to another association is in clear violation of Section 44(1) of the Nigerian Constitution, as it does not provide for payment of compensation and the opportunity for the determination of the interests of the association before a court of law.”


“In Nigeria, everyone has a right to their property, and this right cannot be arbitrarily taken away. A recognized and acceptable canon of interpretation is that statutes such as CAMA 2020 which purport to deprive citizens of their proprietary interest and acquired rights, are always interpreted strictly.”


“Section 850(3) of CAMA 2020 which provides for notice of hearing of the petition to be given to association is of no consequence, as the subject matter of the suit for dissolution would have been dealt with by the act of the Corporate Affairs Commission alone without recourse to due process of law.”


SERAP is seeking the following reliefs:


1. A DECLARATION that Section 831(i)(ii) of CAMA 2020 which empowers the 3rd Defendant to treat an association as forming part of an already registered association and treating two or more associations as one is null, void and of no effect under Section 1(1)(3) of the Nigerian Constitution, for being inconsistent with Section 40 of the Constitution, Article 22 of the International Covenant on Civil and Political Rights, and Article 10 of the African Charter on Human and Peoples’ Rights


2. A DECLARATION that Section 839(1) and (7) of CAMA 2020 which empowers the 3rd Defendant to suspend and/or remove trustees of a legally registered trusties is null, void and of no effect under Section 1(1)(3) of the Nigerian Constitution, for being inconsistent with Sections 36(1)(2) and 40 of the Constitution, Article 14 of the International Covenant on Civil and Political Rights and Article 7 of the African Charter on Human and Peoples’ Rights


3. A DECLARATION that Section 842(2)(a)(b), and (5)(6); 850(1)(d) and (2)(e) of CAMA 2020 is null, void and of no effect under Section 1(1)(3) of the Nigerian Constitution, for being inconsistent with Sections 36(1)(2); 40 and 44(1) of the Constitution, Articles 22 and 10 of the International Covenant on Civil and Political Rights and Articles 7 and 14 of the African Charter on Human and Peoples’ Rights


4. AN ORDER OF COURT declaring Sections 831(i)(ii); 839(1)(7); 842(2)(a)(b), (5) and (6) and 850(1)(d)(2)(e) of CAMA 2020 as null, void and of no effect under Section 1(1)(3) of the Constitution, for being inconsistent with Sections 36(1)(2); 40 and 44(1) of the Constitution


5. AN ORDER OF COURT setting aside portions of Company Regulations and other directives and regulations made by the Defendants [particularly the 3rd Defendant] pursuant to, and specifically relating to Sections 831(i)(ii); 839(1) & (7); 842(2)(a)(b), (5)(6) and 850(1)(d)(2)(e) of CAMA 2020


6. AND any other ancillary or consequential orders as the Honourable Court may deem fit to make in the circumstance of this case.


No date has been fixed for the hearing of the suit.


Kolawole Oluwadare

SERAP Deputy Director



SERAP drags FG to UN over Sowore, others’ detention

SERAP drags FG to UN over Sowore, others’ detention


Socio-Economic Rights and Accountability Project has sent a complaint to the United Nations Working Group on Arbitrary Detention over the detention of a human rights activist and publisher of Saharareporters, Omoyele Sowore, and four other activists for protesting on New Year Eve protest.


It was reported on this platform that Sowore, Juwon Sanyaolu, Peter Williams, Emmanuel Bulus and Damilare Adenola. were on Monday ordered to be remanded in Kuje Correctional Centre by a Magistrates’ Court in Wuse Zone 2, Abuja pending the consideration of their bail applications on Tuesday (today).


They were earlier arrested for holding a protest against bad governance on New Year’s Eve in Abuja and subsequently taken to a police unit infamously known as ‘Abattoir’ in the Lokogoma area of the FCT.


SERAP in a statement on Tuesday by its deputy director, Kolawole Oluwadare, said the complaint was sent to the UN body on Monday, January 4.


The organisation demanded the release of the detained activists and a probe into their arrest and detention.


Part of the statement read, “The detention of Omoyele Sowore and four other activists constitutes an arbitrary deprivation of their liberty because it does not have any legal justification. The detention also does not meet minimum international standards of due process.

“The arrest, continued detention and torture and ill-treatment of Mr Sowore and four other activists solely for peacefully exercising their human rights to freedom of expression and peaceful assembly is a flagrant violation of the Nigerian Constitution, 1999 (as amended) and international human rights law. They are now facing bogus charges simply for exercising their human rights.


“We urge the Working Group to request the Nigerian government to investigate and hold accountable all police officers and security agents suspected to be responsible for the unlawful arrest, continued detention, and torture and other ill-treatment of Mr Sowore and four other activists.”


The organisation also wants the Federal Government to award Sowore and four other activists compensation “for the violations they suffered as a result of their unlawful arrest, arbitrary detention, torture, and other ill-treatment.”


Source: Punch


Socio-Economic Rights and Accountability Project has sent a complaint to the United Nations Working Group on Arbitrary Detention over the detention of a human rights activist and publisher of Saharareporters, Omoyele Sowore, and four other activists for protesting on New Year Eve protest.


It was reported on this platform that Sowore, Juwon Sanyaolu, Peter Williams, Emmanuel Bulus and Damilare Adenola. were on Monday ordered to be remanded in Kuje Correctional Centre by a Magistrates’ Court in Wuse Zone 2, Abuja pending the consideration of their bail applications on Tuesday (today).


They were earlier arrested for holding a protest against bad governance on New Year’s Eve in Abuja and subsequently taken to a police unit infamously known as ‘Abattoir’ in the Lokogoma area of the FCT.


SERAP in a statement on Tuesday by its deputy director, Kolawole Oluwadare, said the complaint was sent to the UN body on Monday, January 4.


The organisation demanded the release of the detained activists and a probe into their arrest and detention.


Part of the statement read, “The detention of Omoyele Sowore and four other activists constitutes an arbitrary deprivation of their liberty because it does not have any legal justification. The detention also does not meet minimum international standards of due process.

“The arrest, continued detention and torture and ill-treatment of Mr Sowore and four other activists solely for peacefully exercising their human rights to freedom of expression and peaceful assembly is a flagrant violation of the Nigerian Constitution, 1999 (as amended) and international human rights law. They are now facing bogus charges simply for exercising their human rights.


“We urge the Working Group to request the Nigerian government to investigate and hold accountable all police officers and security agents suspected to be responsible for the unlawful arrest, continued detention, and torture and other ill-treatment of Mr Sowore and four other activists.”


The organisation also wants the Federal Government to award Sowore and four other activists compensation “for the violations they suffered as a result of their unlawful arrest, arbitrary detention, torture, and other ill-treatment.”


Source: Punch

SERAP Drags Buhari Government, Military To ICC Over Shooting Of #EndSARS Protesters

SERAP Drags Buhari Government, Military To ICC Over Shooting Of #EndSARS Protesters

A non governmental, non profit and non political organisation, Socio-Economic Rights and Accountability Project (SERAP) has sent a petition to Mrs Fatou Bensouda, Prosecutor, International Criminal Court (ICC), urging her to “promptly investigate reports that Nigerian authorities, military, and some politicians have used/ and are using thugs, soldiers and security agents to intimidate, harass, attack and kill #EndSARS peaceful protesters in several parts of Nigeria, including Abuja, Lagos, Edo, Osun, Plateau, and Kano states.” SERAP urged Mrs Bensouda to “push for those suspected to be responsible for these crimes, mostly security officials, soldiers, some politicians and other actors who directly or indirectly have individually and/or collectively contributed to the attacks, deaths, and injuries, and are therefore complicit in the crimes, to be tried by the ICC.”

In the petition dated 21 October 2020 and signed by SERAP deputy director Kolawole Oluwadare, the organization said: “The Nigerian authorities over the years have been unwilling and/or unable to prosecute suspected perpetrators of the killing of protesters, which in turn has promoted a culture of impunity and emboldened authorities, the military, politicians and their accomplices who continue to commit human rights crimes against protesters.”

SERAP said: “The violent attacks on peaceful protesters in Lekki, Alausa, and other parts of the country suggest the lack of political will by the government of President Muhammadu Buhari to respect people’s human rights, including the rights to life, dignity of the human person, freedom of expression, peaceful assembly and association.”

According to SERAP: “The repeated attacks on peaceful protesters suggest the misuse of the military and security agents by the Nigerian authorities and the failure to apply criminal sanctions to suspected perpetrators.”

The petition, read in part: “Without accountability for these serious human rights crimes against peaceful protesters, the victims will continue to be denied access to justice, and impunity of perpetrators will remain widespread and the result will continue to be a vicious cycle of violence against Nigerians.”

“Nigerian authorities, military, and some politicians have failed abysmally to ensure the enjoyment of the rights to life, dignity, freedom of expression, and peaceful protest by the people. These events suggest criminal conduct within the jurisdiction of the ICC.”

“SERAP believes that violence against protesters gives rise to the individual criminal responsibility of those suspected of perpetrating and/or failing to address the problem. as entrenched in the Rome Statute.”

“The incidents of intimidation, harassment attacks, and killings of peaceful protesters also strike at the integrity of the democratic process and seriously undermine President Muhammadu Buhari’s oft-expressed commitment to human rights and the rule of law, and to end impunity of perpetrators.”

“Persistent attacks on peaceful protesters by Nigerian authorities, military, security agents and some politicians seriously undermine the people’s right to participate in their own government, and have resulted in serious human rights crimes within the jurisdiction of the ICC.”

“Ending impunity for attacks on peaceful protesters would improve respect for human rights in the country, and empower the citizens to hold their leaders to account. Unless the citizens are freely allowed to exercise their right to protest, the pervasive culture of impunity will continue to flourish in the country.”

“The government of President Muhammadu Buhari has repeatedly failed to address these grave human rights violations, which amount to crimes against humanity within the jurisdiction of the ICC.”

“The use of thugs and soldiers against peaceful protesters have resulted in several deaths and injuries. Nigerian authorities have failed and/or neglected to prevent these crimes against peaceful protesters.”

“Nigeria is a state party to the Rome Statute and deposited its instrument of ratification on 27 September 2001. It is therefore important to promptly investigate allegations of killings and other attacks on peaceful protesters if the ICC is to contribute to preventing escalations in the coming days, months and years.”

“The CCTV monitoring cameras at the Lekki toll gate and street lights were reportedly turned off before soldiers opened fire on peaceful protesters. This suggests a deliberate ploy by the authorities to cover up these crimes against humanity.”

“Nigerian authorities, military, and politicians have failed to understand the seriousness of killings of peaceful protesters, and have been complicit in the commission of these crimes.”

“According to our information, Nigerian authorities, military, and some politicians have used thugs, the police and soldiers to intimidate, harass, attack and shoot at peaceful protesters campaigning against police brutality across several parts of the country including Abuja, Lagos, Edo, Oyo, Osun, Plateau, and Kano states.”

“The protests began on October 8, 2020, calling on the authorities to abolish an abusive police unit called the Special Anti-Robbery Squad (SARS). Just last night, several people taking part in the #EndSARS peaceful protests at the Lekki Toll Gate, and Alausa in Lagos were reportedly shot dead or wounded by soldiers. Several journalists covering the protests have been severely attacked.”

“Nigerian authorities have shot tear gas, water cannons, and live rounds at protesters, reportedly killing at least 60 people and wounding several others. According to Amnesty International, on October 10, Jimoh Isiaka was allegedly killed when police opened fire to disperse protesters in Ogbomosho, Oyo state.”

“At least two other people were killed the following day in protests against Isiaka’s death. On October 12, police officers in Surulere, Lagos, reportedly opened gunfire to disperse protesters, killing 55-year-old Ikechukwu Ilohamauzo.”

“On October 15, the Nigerian army warned ‘subversive elements and troublemakers’ to desist and offered to ‘support the civil authority in whatever capacity to maintain law and order.’ The Nigerian military has also been complicit in human rights abuses, including the use of lethal force against peaceful protesters.”

“Nigeria has a long history of systematic and widespread attacks on peaceful protesters especially since President Muhammadu Buhari assumed power in May 2015. Nigerian authorities have failed to ensure justice for the killings of protesters. Hundreds of members of the Shia Islamic Movement of Nigeria (IMN) were killed by the Nigerian Army in Zaria, Kaduna State on December 12, 2015.”

“The Rome Statute in article 7 defines “crime against humanity” to include “inhumane acts causing great suffering or injury,” committed in a widespread or systematic manner against a civilian population. The common denominator of crimes against humanity is that they are grave affronts to human security and dignity.”

“The consequences of persistent violence, attacks, and killings of peaceful protesters in Nigeria are similar to those of the offences in article 7(1). Senior government officials, the military, and some politicians know well or ought to know that their failure to prevent these crimes will violate Nigerians’ human rights and dignity.”

“SERAP considers the apparent failure of the government of President Muhammadu Buhari to prevent widespread and systematic attacks on peaceful protesters and the killing of protesters as amounting to complicity under the Rome Statute. SERAP, therefore, believes that the widespread and systemic nature of the problem fits the legal requirements of violence against the Nigerian people and crime against humanity.”

“The national authorities of the Court’s States Parties form the first line of defense in addressing the crime against humanity during protests, as they shoulder the primary responsibility for the investigation and prosecution of perpetrators of the crime. But Nigerian authorities have been unwilling or unable to address the problem of attacks on peaceful protesters, and end the crimes against humanity.”

“SERAP urges you to investigate the killing of protesters, and other attacks perpetrated against protesters, and if there is sufficient admissible evidence prosecute officials, soldiers and any politicians for allegations of killing and violence against protesters, as provided for under the Rome Statute, and other relevant treaties, to deter the crimes and end impunity in the country.”

“SERAP believes that substantial grounds exist to warrant the intervention of the Prosecutor in this case. Under Article 17 of the Rome Statute, the Court is a court of last resort, expected to exercise its jurisdiction only if states themselves are unwilling or unable genuinely to investigate and prosecute international crimes.”

“Also, pursuant to the Rome Statute, the Prosecutor has the power to intervene in a situation under the jurisdiction of the Court if the Security Council or state parties refer a situation or if the information is provided from other sources such as the information SERAP is providing in this case.”

SERAP, therefore, urged the ICC to:


1. Urgently commence an investigation proprio motu on the widespread and systematic problem of attacks on protesters, with a view to determining whether these amount to violence against the Nigerian people and crime against humanity within the Court’s jurisdiction. In this respect, we also urge you to invite representatives of the Nigerian government, the military to provide written or oral testimony at the seat of the Court, so that the Prosecutor is able to conclude since available information whether there is a reasonable basis for an investigation, and to submit a request to the Pre-Trial Chamber for authorization of an investigation;

2. Bring to justice those suspected to be responsible for widespread and systematic attacks on peaceful protesters across the country;

3. Urge the Nigerian government to fulfil its obligations under the Rome Statute to cooperate with the ICC; including complying with your requests to arrest and surrender suspected perpetrators of the widespread and systematic crime of violence against peaceful protesters, testimony, and provide other support to the ICC;

4. Compel the Nigerian authorities to ensure that Nigerians are afforded their right to life, dignity, freedom of expression, peaceful assembly, and association, and ensure reparations to victims, including restitution, compensation, rehabilitation, and guarantee of non-repetition.


A non governmental, non profit and non political organisation, Socio-Economic Rights and Accountability Project (SERAP) has sent a petition to Mrs Fatou Bensouda, Prosecutor, International Criminal Court (ICC), urging her to “promptly investigate reports that Nigerian authorities, military, and some politicians have used/ and are using thugs, soldiers and security agents to intimidate, harass, attack and kill #EndSARS peaceful protesters in several parts of Nigeria, including Abuja, Lagos, Edo, Osun, Plateau, and Kano states.” SERAP urged Mrs Bensouda to “push for those suspected to be responsible for these crimes, mostly security officials, soldiers, some politicians and other actors who directly or indirectly have individually and/or collectively contributed to the attacks, deaths, and injuries, and are therefore complicit in the crimes, to be tried by the ICC.”

In the petition dated 21 October 2020 and signed by SERAP deputy director Kolawole Oluwadare, the organization said: “The Nigerian authorities over the years have been unwilling and/or unable to prosecute suspected perpetrators of the killing of protesters, which in turn has promoted a culture of impunity and emboldened authorities, the military, politicians and their accomplices who continue to commit human rights crimes against protesters.”

SERAP said: “The violent attacks on peaceful protesters in Lekki, Alausa, and other parts of the country suggest the lack of political will by the government of President Muhammadu Buhari to respect people’s human rights, including the rights to life, dignity of the human person, freedom of expression, peaceful assembly and association.”

According to SERAP: “The repeated attacks on peaceful protesters suggest the misuse of the military and security agents by the Nigerian authorities and the failure to apply criminal sanctions to suspected perpetrators.”

The petition, read in part: “Without accountability for these serious human rights crimes against peaceful protesters, the victims will continue to be denied access to justice, and impunity of perpetrators will remain widespread and the result will continue to be a vicious cycle of violence against Nigerians.”

“Nigerian authorities, military, and some politicians have failed abysmally to ensure the enjoyment of the rights to life, dignity, freedom of expression, and peaceful protest by the people. These events suggest criminal conduct within the jurisdiction of the ICC.”

“SERAP believes that violence against protesters gives rise to the individual criminal responsibility of those suspected of perpetrating and/or failing to address the problem. as entrenched in the Rome Statute.”

“The incidents of intimidation, harassment attacks, and killings of peaceful protesters also strike at the integrity of the democratic process and seriously undermine President Muhammadu Buhari’s oft-expressed commitment to human rights and the rule of law, and to end impunity of perpetrators.”

“Persistent attacks on peaceful protesters by Nigerian authorities, military, security agents and some politicians seriously undermine the people’s right to participate in their own government, and have resulted in serious human rights crimes within the jurisdiction of the ICC.”

“Ending impunity for attacks on peaceful protesters would improve respect for human rights in the country, and empower the citizens to hold their leaders to account. Unless the citizens are freely allowed to exercise their right to protest, the pervasive culture of impunity will continue to flourish in the country.”

“The government of President Muhammadu Buhari has repeatedly failed to address these grave human rights violations, which amount to crimes against humanity within the jurisdiction of the ICC.”

“The use of thugs and soldiers against peaceful protesters have resulted in several deaths and injuries. Nigerian authorities have failed and/or neglected to prevent these crimes against peaceful protesters.”

“Nigeria is a state party to the Rome Statute and deposited its instrument of ratification on 27 September 2001. It is therefore important to promptly investigate allegations of killings and other attacks on peaceful protesters if the ICC is to contribute to preventing escalations in the coming days, months and years.”

“The CCTV monitoring cameras at the Lekki toll gate and street lights were reportedly turned off before soldiers opened fire on peaceful protesters. This suggests a deliberate ploy by the authorities to cover up these crimes against humanity.”

“Nigerian authorities, military, and politicians have failed to understand the seriousness of killings of peaceful protesters, and have been complicit in the commission of these crimes.”

“According to our information, Nigerian authorities, military, and some politicians have used thugs, the police and soldiers to intimidate, harass, attack and shoot at peaceful protesters campaigning against police brutality across several parts of the country including Abuja, Lagos, Edo, Oyo, Osun, Plateau, and Kano states.”

“The protests began on October 8, 2020, calling on the authorities to abolish an abusive police unit called the Special Anti-Robbery Squad (SARS). Just last night, several people taking part in the #EndSARS peaceful protests at the Lekki Toll Gate, and Alausa in Lagos were reportedly shot dead or wounded by soldiers. Several journalists covering the protests have been severely attacked.”

“Nigerian authorities have shot tear gas, water cannons, and live rounds at protesters, reportedly killing at least 60 people and wounding several others. According to Amnesty International, on October 10, Jimoh Isiaka was allegedly killed when police opened fire to disperse protesters in Ogbomosho, Oyo state.”

“At least two other people were killed the following day in protests against Isiaka’s death. On October 12, police officers in Surulere, Lagos, reportedly opened gunfire to disperse protesters, killing 55-year-old Ikechukwu Ilohamauzo.”

“On October 15, the Nigerian army warned ‘subversive elements and troublemakers’ to desist and offered to ‘support the civil authority in whatever capacity to maintain law and order.’ The Nigerian military has also been complicit in human rights abuses, including the use of lethal force against peaceful protesters.”

“Nigeria has a long history of systematic and widespread attacks on peaceful protesters especially since President Muhammadu Buhari assumed power in May 2015. Nigerian authorities have failed to ensure justice for the killings of protesters. Hundreds of members of the Shia Islamic Movement of Nigeria (IMN) were killed by the Nigerian Army in Zaria, Kaduna State on December 12, 2015.”

“The Rome Statute in article 7 defines “crime against humanity” to include “inhumane acts causing great suffering or injury,” committed in a widespread or systematic manner against a civilian population. The common denominator of crimes against humanity is that they are grave affronts to human security and dignity.”

“The consequences of persistent violence, attacks, and killings of peaceful protesters in Nigeria are similar to those of the offences in article 7(1). Senior government officials, the military, and some politicians know well or ought to know that their failure to prevent these crimes will violate Nigerians’ human rights and dignity.”

“SERAP considers the apparent failure of the government of President Muhammadu Buhari to prevent widespread and systematic attacks on peaceful protesters and the killing of protesters as amounting to complicity under the Rome Statute. SERAP, therefore, believes that the widespread and systemic nature of the problem fits the legal requirements of violence against the Nigerian people and crime against humanity.”

“The national authorities of the Court’s States Parties form the first line of defense in addressing the crime against humanity during protests, as they shoulder the primary responsibility for the investigation and prosecution of perpetrators of the crime. But Nigerian authorities have been unwilling or unable to address the problem of attacks on peaceful protesters, and end the crimes against humanity.”

“SERAP urges you to investigate the killing of protesters, and other attacks perpetrated against protesters, and if there is sufficient admissible evidence prosecute officials, soldiers and any politicians for allegations of killing and violence against protesters, as provided for under the Rome Statute, and other relevant treaties, to deter the crimes and end impunity in the country.”

“SERAP believes that substantial grounds exist to warrant the intervention of the Prosecutor in this case. Under Article 17 of the Rome Statute, the Court is a court of last resort, expected to exercise its jurisdiction only if states themselves are unwilling or unable genuinely to investigate and prosecute international crimes.”

“Also, pursuant to the Rome Statute, the Prosecutor has the power to intervene in a situation under the jurisdiction of the Court if the Security Council or state parties refer a situation or if the information is provided from other sources such as the information SERAP is providing in this case.”

SERAP, therefore, urged the ICC to:


1. Urgently commence an investigation proprio motu on the widespread and systematic problem of attacks on protesters, with a view to determining whether these amount to violence against the Nigerian people and crime against humanity within the Court’s jurisdiction. In this respect, we also urge you to invite representatives of the Nigerian government, the military to provide written or oral testimony at the seat of the Court, so that the Prosecutor is able to conclude since available information whether there is a reasonable basis for an investigation, and to submit a request to the Pre-Trial Chamber for authorization of an investigation;

2. Bring to justice those suspected to be responsible for widespread and systematic attacks on peaceful protesters across the country;

3. Urge the Nigerian government to fulfil its obligations under the Rome Statute to cooperate with the ICC; including complying with your requests to arrest and surrender suspected perpetrators of the widespread and systematic crime of violence against peaceful protesters, testimony, and provide other support to the ICC;

4. Compel the Nigerian authorities to ensure that Nigerians are afforded their right to life, dignity, freedom of expression, peaceful assembly, and association, and ensure reparations to victims, including restitution, compensation, rehabilitation, and guarantee of non-repetition.


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