Accountability Project (SERAP)
Socio-Economic Rights and Accountability Project (SERAP) has
filed a lawsuit against President Muhammadu Buhari and the
Inspector General of Police Muhammed Adamu “over ongoing
intimidation, harassment and attacks on peaceful protesters
campaigning against police brutality and corruption across the
country.”
![image](/2020/10/lawreport.jpg")
The suit followed widespread protests demanding reform of the
Special Anti-Robbery Squad (SARS).
Joined as Respondents in the suit are the Attorney General of
the Federation and Minister of Justice Abubakar Malami, SAN and
Commissioner of Police Lagos State, Hakeem Odumosu.
In the suit number FHC/L/CS/1451/2020 filed this morning at the
Federal High Court, Lagos, SERAP is seeking: “an order to protect
and secure the fundamental rights of peaceful protesters across the
country participating in the #EndSARS/#SARSMustEnd protests or any
other peaceful protests, to wit: their rights to life, dignity,
personal liberty, freedom of expression and peaceful assembly.”
SERAP is also seeking “an order of injunction restricting the
Federal Government and the police whether by themselves, their
officers or agents, from stopping the protests and from harassing,
arresting, detaining, or violating in any other ways the
fundamental rights of Nigerians participating in peaceful protests
across the country.”
SERAP said: “The right to protest constitutes the very
foundation of a system of participatory governance based on
democracy, human rights, the rule of law and pluralism. Failure to
respect and ensure the right to peaceful protest is typically a
marker of repression.”
SERAP also said: “In a democracy, people must be given the
freedom to come together to express their opinions on issues they
care deeply about. The role of government is to facilitate that
democratic participation, and not to restrict or criminalize
it.”
The organisation is asking the court for “an order directing the
Federal Government and Nigeria police to identify all perpetrators
of brutality and human rights violations against peaceful
protesters across the country, and bring them to justice without
further delay.”
SERAP is also asking the court for “an order compelling and
directing the Federal Government and Nigeria police to disclose the
total number of protesters in the #EndSARS/#SARSMustEnd protests
arrested across the country, their places of detention and details
of allegations against them.”
The suit filed on behalf of SERAP by its lawyers Kolawole
Oluwadare and Opeyemi Owolabi, read in part: “The fundamental human
right to protest enables individuals to express themselves
collectively and to participate in shaping their societies. The
right of peaceful assembly is important in its own right, as it
protects the ability of people to exercise individual autonomy in
solidarity with others.”
“A protest is a form of expression of views on current issues
affecting government and the governed in a sovereign state. It is a
trend recognised and deeply entrenched in the system of governance
in civilized countries. It will not only be primitive but also
retrogressive if Nigeria continues to stifle or cripple this
right.”
“Peaceful assemblies can play a critical role in allowing
participants to advance ideas and aspirational goals in the public
domain and to establish the extent of support for or opposition to
those ideas and goals.”
SERAP is seeking “an order for the immediate and unconditional
release of all those still being detained across the country solely
for peacefully exercising their rights. The court should direct the
Federal Government and Nigeria Police to immediately identify all
victims of police brutality during the protests and adequately
compensate each of the victims [and their families] by paying each
the sum of N200,000,000:00.”
“SERAP is also seeking a declaration that the action of the
Federal Government and Nigeria Police to intimidate, harass,
threaten, arrest, beat, shoot, kill and detain unarmed peaceful
protesters in the #EndSARS/#SARSMustEnd protests since 7th October,
2020 to date is wrongful, unlawful and constitutes gross violation
of the protesters’ human rights.”
“SERAP is seeking a declaration that the response by the Federal
Government and Nigeria Police to protests across the country since
7th October, 2020 to date is wrongful, unlawful and constitutes
gross violation of the protesters’ rights to life, dignity,
personal liberty, freedom of expression, and peaceful assembly
guaranteed under Sections 33, 34, 35, 36, 39, 40 and 41 of the
Constitution of Nigeria 1999 [as amended.”
“Paragraph 3[e] [i]-[v] of the Preamble to the Fundamental
Rights [Enforcement Procedure] Rules 2009, provides that the court
shall encourage and welcome public interest litigations in the
human rights field and no human rights case may be dismissed or
struck out for want of locus standi.”
“The Rules also provide that the applicant in a case like this
may include any of the following: anyone acting in his own
interest; anyone acting on behalf of another person; anyone acting
as a member of, or in the interest of a group or class of persons;
anyone acting in the public interest, and association acting in the
interest of its members or other individuals or groups.”
“The fundamental right of citizens to freedom of expression,
peaceful assembly and freedom of association are guaranteed by
Sections 39 and 40 of the 1999 Constitution and Articles 9 and 10
of the African Charter on Human and Peoples Right. These provisions
are clear, direct and unambiguous.”
“These rights are formulated and designed to confer on every
person the right to assemble freely, protest, and associate with
other persons.”
“The right to protest on matters of public concern are rights
which are in the public interest and that which individuals must
possess and which they should exercise without impediment as long
as no wrongful act is done.”
“In a democracy, it is the right of citizens to conduct peaceful
processions, rallies or demonstrations. It is a right guaranteed by
the 1999 Constitution.”
“The obligation to respect and ensure peaceful assemblies
imposes negative and positive duties on States before, during and
after assemblies.”
“The negative duty entails that there be no unwarranted
interference with peaceful assemblies. States must also protect
participants against possible abuse by non-State actors, such as
interference or violence by other members of the public,
counterdemonstrators and private security providers.”
According to Amnesty International, “at least 10 people have
died in the ongoing protests over police brutality. The excessive
use of force by the police in response to the protests reveals the
longstanding disregard for the right to life by Nigerian security
forces.”
No date has been fixed for the hearing of the suit.
Accountability Project (SERAP)
Socio-Economic Rights and Accountability Project (SERAP) has
filed a lawsuit against President Muhammadu Buhari and the
Inspector General of Police Muhammed Adamu “over ongoing
intimidation, harassment and attacks on peaceful protesters
campaigning against police brutality and corruption across the
country.”
The suit followed widespread protests demanding reform of the
Special Anti-Robbery Squad (SARS).
Joined as Respondents in the suit are the Attorney General of
the Federation and Minister of Justice Abubakar Malami, SAN and
Commissioner of Police Lagos State, Hakeem Odumosu.
In the suit number FHC/L/CS/1451/2020 filed this morning at the
Federal High Court, Lagos, SERAP is seeking: “an order to protect
and secure the fundamental rights of peaceful protesters across the
country participating in the #EndSARS/#SARSMustEnd protests or any
other peaceful protests, to wit: their rights to life, dignity,
personal liberty, freedom of expression and peaceful assembly.”
SERAP is also seeking “an order of injunction restricting the
Federal Government and the police whether by themselves, their
officers or agents, from stopping the protests and from harassing,
arresting, detaining, or violating in any other ways the
fundamental rights of Nigerians participating in peaceful protests
across the country.”
SERAP said: “The right to protest constitutes the very
foundation of a system of participatory governance based on
democracy, human rights, the rule of law and pluralism. Failure to
respect and ensure the right to peaceful protest is typically a
marker of repression.”
SERAP also said: “In a democracy, people must be given the
freedom to come together to express their opinions on issues they
care deeply about. The role of government is to facilitate that
democratic participation, and not to restrict or criminalize
it.”
The organisation is asking the court for “an order directing the
Federal Government and Nigeria police to identify all perpetrators
of brutality and human rights violations against peaceful
protesters across the country, and bring them to justice without
further delay.”
SERAP is also asking the court for “an order compelling and
directing the Federal Government and Nigeria police to disclose the
total number of protesters in the #EndSARS/#SARSMustEnd protests
arrested across the country, their places of detention and details
of allegations against them.”
The suit filed on behalf of SERAP by its lawyers Kolawole
Oluwadare and Opeyemi Owolabi, read in part: “The fundamental human
right to protest enables individuals to express themselves
collectively and to participate in shaping their societies. The
right of peaceful assembly is important in its own right, as it
protects the ability of people to exercise individual autonomy in
solidarity with others.”
“A protest is a form of expression of views on current issues
affecting government and the governed in a sovereign state. It is a
trend recognised and deeply entrenched in the system of governance
in civilized countries. It will not only be primitive but also
retrogressive if Nigeria continues to stifle or cripple this
right.”
“Peaceful assemblies can play a critical role in allowing
participants to advance ideas and aspirational goals in the public
domain and to establish the extent of support for or opposition to
those ideas and goals.”
SERAP is seeking “an order for the immediate and unconditional
release of all those still being detained across the country solely
for peacefully exercising their rights. The court should direct the
Federal Government and Nigeria Police to immediately identify all
victims of police brutality during the protests and adequately
compensate each of the victims [and their families] by paying each
the sum of N200,000,000:00.”
“SERAP is also seeking a declaration that the action of the
Federal Government and Nigeria Police to intimidate, harass,
threaten, arrest, beat, shoot, kill and detain unarmed peaceful
protesters in the #EndSARS/#SARSMustEnd protests since 7th October,
2020 to date is wrongful, unlawful and constitutes gross violation
of the protesters’ human rights.”
“SERAP is seeking a declaration that the response by the Federal
Government and Nigeria Police to protests across the country since
7th October, 2020 to date is wrongful, unlawful and constitutes
gross violation of the protesters’ rights to life, dignity,
personal liberty, freedom of expression, and peaceful assembly
guaranteed under Sections 33, 34, 35, 36, 39, 40 and 41 of the
Constitution of Nigeria 1999 [as amended.”
“Paragraph 3[e] [i]-[v] of the Preamble to the Fundamental
Rights [Enforcement Procedure] Rules 2009, provides that the court
shall encourage and welcome public interest litigations in the
human rights field and no human rights case may be dismissed or
struck out for want of locus standi.”
“The Rules also provide that the applicant in a case like this
may include any of the following: anyone acting in his own
interest; anyone acting on behalf of another person; anyone acting
as a member of, or in the interest of a group or class of persons;
anyone acting in the public interest, and association acting in the
interest of its members or other individuals or groups.”
“The fundamental right of citizens to freedom of expression,
peaceful assembly and freedom of association are guaranteed by
Sections 39 and 40 of the 1999 Constitution and Articles 9 and 10
of the African Charter on Human and Peoples Right. These provisions
are clear, direct and unambiguous.”
“These rights are formulated and designed to confer on every
person the right to assemble freely, protest, and associate with
other persons.”
“The right to protest on matters of public concern are rights
which are in the public interest and that which individuals must
possess and which they should exercise without impediment as long
as no wrongful act is done.”
“In a democracy, it is the right of citizens to conduct peaceful
processions, rallies or demonstrations. It is a right guaranteed by
the 1999 Constitution.”
“The obligation to respect and ensure peaceful assemblies
imposes negative and positive duties on States before, during and
after assemblies.”
“The negative duty entails that there be no unwarranted
interference with peaceful assemblies. States must also protect
participants against possible abuse by non-State actors, such as
interference or violence by other members of the public,
counterdemonstrators and private security providers.”
According to Amnesty International, “at least 10 people have
died in the ongoing protests over police brutality. The excessive
use of force by the police in response to the protests reveals the
longstanding disregard for the right to life by Nigerian security
forces.”
No date has been fixed for the hearing of the suit.