The Socio-Economic Rights and Accountability Project said the
ECOWAS Court has entered judgment in favour of some residents of Bundu Ama, in
Port Harcourt, who were brutalised by security forces while protesting the
demolition of their settlement by the government in 2009.
According to SERAP, following the judgment of the ECOWAS Court,
the Federal Government of Nigeria had paid the victims N6.5m as compensation.
The plaintiffs – Israel Okari, Joy Williams, Austin Onwe, Tamno
Ama, Victor Opium, Mark Bomowe, Napoleon Tokubiye, Napoleon Tokubiye, Jonathan
Bokoko, Williams Tamuno and Linus John, had with the support of SERAP
instituted the suit numbered ECW/CCJ/APP/10/10 against the government.
The plaintiffs, who were represented by Mr. Femi Falana (SAN),
had joined as the respondents in the suit the Attorney General of the
Federation and former Rivers State Governor Rotimi Amaechi.
Also joined as respondents were the Rivers State Commissioner
for Justice and the state’s Commissioner for Urban Development.
They had, in their statement of claims, averred that armed
security forces on 12 October 2009 “opened fire on unarmed protesters in Bundu
Ama, an informal settlement in Port Harcourt, leaving at least one person dead
and 12 seriously injured.”
The plaintiffs also accused the Rivers State government of
aiding “the Federal government’s planned large-scale demolitions of the city’s
waterfront settlements, home to at least 200,000 people.”
They further claimed, “The planned large-scale demotions were
developed without adequate consultation with affected communities.
“Njemanze waterfront, a community close to Bundu Ama, was
demolished in August 2009 and an estimated 13,800 to 19,000 people were
forcibly evicted from their homes. Thousands of people, including children,
women and the elderly, were left homeless and vulnerable to other human
rights violations.”
According to SERAP, the court in its judgment, “ruled that there
was no justification for the shootings and that the Nigerian government had
breached its obligation to protect and respect the right to peaceful
association and assembly.”
The court was said to have berated the Federal Government for
“its failure to investigate and prosecute members of the security forces who
killed and injured protesters, violated the right to protest.” And “awarded a
total of N11m – nearly $70,000 USD – in damages” in favour of the plaintiffs.
Reacting to the judgment, the Executive Director of SERAP, Adetokunbo
Mumuni, lauded the government for complying with the court’s judgment and
paying the victims the compensation awarded to them.
“We welcome the payment of compensation by the government.
This shows that there is penalty for the government when it allows its security
forces to use excessive force against peaceful protesters, and unlawfully drive
them away from their homes, with tragic consequences for citizens and
communities. That was the case here.”
Mumuni, however, urged President Muhammadu Buhari’s
administration to implement the outstanding orders of the ECOWAS Court in the
case.
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