The Community Court of Justice, ECOWAS has awarded $200,000 as compensation to each of the families of eight persons who were killed on 20th September 2013 by Nigerian security agents during a raid on an uncompleted building in Abuja in a search for Boko Haram insurgents. Delivering judgment in a case brought by a Nigerian…
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The Community Court of Justice, ECOWAS has awarded $200,000 as compensation to each of the families of eight persons who were killed on 20th September 2013 by Nigerian security agents during a raid on an uncompleted building in Abuja in a search for Boko Haram insurgents.
Delivering judgment in a case brought by a Nigerian Non-Governmental Organisation (NGO) against the Federal Republic of Nigeria, the Nigerian Army and the Department of State Security Services, a three –member panel of Judges of the Court also asked the government to pay another 150,000 dollars each to the 11 persons who sustained injuries during the raid.
In suit filed on their behalf by the Socio-Economic Rights and Accountability Project (SERAP), the Applicants had asked the Court for a declaration that they are entitled to the right to life and that the shooting resulting in death and injury constitute a flagrant abuse of their fundamental human rights to life and dignity of the person as enshrined under international law.
But in the government’s preliminary objection, Dr Fabian Ajogwu (SAN), leading five other lawyers, argued among others that SERAP lacks legal personality and has no locus standi to bring the application, not being a victim or relative of the victim of any human rights violation and has not shown evidence of authority to represent the victims.
Counsel to the Nigerian Army, Muhammed Ibrahim Sanni also raised similar objection while adding that as an organ of the State, which is the proper party to be sued for human rights violations, the name of the Army should be struck out from the suit.
On the issue of locus standi, the Court held that it will presume that the regularity of the certificate of incorporation tendered by SERAP, whose authenticity was not disputed by the Defendants, was evidence of its legal personality. While acknowledging the validity of the argument that only direct victims could approach the Court for remedy for human rights violations, it said that there are exceptions to this rule.
‘These include but not limited to cases of collective interest (usually referred as public interest litigations) and the non-victims receiving authority to act on behalf of the victims or their close relations,’ the Court said.
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