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The African Commission on Human and Peoples’ Rights (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 theWorking Group on Death Penalty, Extra-Judicial, Summary or Arbitrary Killings and Enforced Disappearances in Africa, Commissioner Ndiamé Gaye, is following with deep concern and growing alarm the reports of excessive use of lethal force against protesters in Nigeria and the resultant loss of lives and injuries.
The Commission expresses its shock about the widely reported human rights violations perpetrated in the context of the use by Nigerian military of live ammunition against protesters in the Lekki Toll Gate area of Lagos on 20 October 2020 resulting in the regrettable and unnecessary killing of an unknown number of people and bodily injury to others. The Commission reiterates its strong condemnation of 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 condemns in the strongest terms the prevention by the military of access by emergency medical personnel who sought to provide medical assistance and rescue those who sustained injuries during the operation by the military unit.
The Commission underscores that the resort to undue use of force against protesters, in the current context of expression of outrage by protesters against the perpetration of brutalities and abuse by law enforcement and security institutions, only exacerbates an already tense situation and cannot be the answer to the legitimate demands of protestors for an end to police brutalities, for accountability, and for reform of security institutions and governance in Nigeria.
The Commission is also concerned that criminal actors and other opportunist elements may exploit the situation, thereby endangering the peace and stability of Nigeria if the situation is not resolved urgently through amicable process within the framework of applicable human rights standards and principles. The Commission notes with serious concern the escalation of acts of violence, incidents of lootings and attacks on property by non-state actors taking advantage of the prevailing tense situation in the context of the protest that has been ongoing since early October.
The Commission welcomes the steps taken by Nigerian authorities. The Commission 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.
Given the deterioration of the situation in Nigeria, the Commission calls on the Government of the Federal Republic of Nigeria to:
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.
Commissioner Solomon Ayele Dersso
Country Rapporteur for the Federal Republic of Nigeria
Commissioner Maria Teresa Manuela
Special Rapporteur on Prisons, Conditions of Detention and Policing in Africa
Commissioner Ndiamé Gaye
Chairperson of the Working Group on Death Penalty, Extra-Judicial, Summary or Arbitrary Killings and Enforced Disappearances in Africa
October 23 , 2020
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