The African Commission on Human and Peoples Rights have called on the Nigerian Government to take immediate action against the military unit that was involved in the use of live ammunition against protestors in Lekki.
The commission also wants the federal government to urgently initiate a transparent and independent investigation into the reported excessive use of force that led to death and injury at Lekki Toll Gate in Lagos.
The Commission, through its Country Rapporteur for the Federal Republic of Nigeria, Commissioner Solomon Ayele Dersso, the Special Rapporteur on Prisons, Conditions of Detention and Policing in Africa, Commissioner Maria Teresa Manuela, and the Chairperson of the Working Group on Death Penalty, Extra-Judicial, Summary or Arbitrary Killings and Enforced Disappearances in Africa, Commissioner Ndiamé Gaye, noted that it is important the Nigerian government takes “appropriate measures for the de-escalation of the situation by withdrawing military forces deployed for policing the situation and end the use of the military forces in the enforcement of curfews.”
The Commission reiterated his condemnation of the “these killings and the acts of excessive use of force, endangering various rights guaranteed in the African Charter on Human and Peoples’ Rights (African Charter) including the rights to life, bodily integrity, freedom of assembly and the right to peaceful protests.”
The commission also condemned the military for preventing access to medical personnel who sought to provide medical assistance and rescue those who sustained injuries during the shootings.
It however encourages the Government of Nigeria to build on the steps it has taken earlier, including the dissolution of SARS and announcements of the establishment of commissions of inquiry both at Federal and States levels, for listening to the voices of the protesting youth and addressing their grievances.
While the Commission recognizes the need for upholding law and order, it underscores the human rights imperative of ensuring that force is used only as a last resort measure and in compliance with the principles of proportionality and necessity.
In the statement issued, the commission urged the Nigerian government to “heed the call by the Commission and others for ensuring that security institutions do not resort to the use lethal force as a means of policing protests and carry out the policing of assemblies and enforcement of law and order in full compliance with the principles of minimum use of force as a last resort measure, necessity, precaution and proportionality as provided for in the Commission’s Guidelines on Freedom of Association and Assembly;
“Initiate a process for amicable resolution of the situation by giving due hearing to the voices of the protesting youth and based on applicable human rights standards and principles as a necessary measure for averting any threat to the peace and security of Nigeria and depriving criminal actors and other opportunist elements from exploiting the situation to the detriment of the stability of Nigeria.
“Implement the measures for comprehensive reform of law enforcement and security institutions in Nigeria proposed in the Commission’s statement of 14 October 2020 based on consultation with all relevant stakeholders, including the youth and civil society, with a view to make the laws, doctrine, training and practice of law enforcement and security institutions conform with human rights norms,” the commission added.
The Commission reiterates its readiness to accompany Nigeria in its effort to ensure compliance with the standards of the African Charter by its law enforcement institutions.