The Community Court of Justice of the Economic Community of West African States (ECOWAS) has ordered Nigerian security forces to pay $70, 000 to some residents of Bundu Ama Community in Rivers State, as damages for opening fire at them during a protest five years ago.
The court, which ruled that there was no justification for the shooting, also held that the Nigerian Government had breached its obligation to protect and respect the right to peaceful association and assembly.
On October 12, 2009, armed security forces 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 total number of dead remains unknown because the Government not only refused to undertake an inquiry into the incident but denied anything had taken place.
The case was brought by 10 residents of Bundu waterfront and surrounding communities and the Socio-Economic Rights and Accountability Project (SERAP) against the Federal Government and the Rivers State Government.
“We have come a long way and achieved a great amount,” said Joy Williams, one of the applicants, who was 17 years old when she was shot in the leg during the incident.
“Our community refused to lie down and become victims but instead took action and have now beaten the Government in court,” she said.
“This is an important victory in our campaign for justice but it is not the end of our struggle. The judgment of the court must now be fully implemented,” said Fubara Samuel of Collaborative Media Advocacy Platform (CMAP).
Human Rights Organisations Hail Ruling
Tuesday’s court decision against the Nigerian security forces is a victory against impunity and a triumph for justice, Amnesty International and Collaborative Media Advocacy Platform (CMAP) said.
Amnesty International’s Africa Director, Netsanet Belay, said, “This remarkable victory brings to a close a long battle for justice by members of the community of Bundu Ama, who were unlawfully killed and injured at the hands of Nigerian security forces.
“It sends a clear message to governments that they cannot violate people’s rights with impunity. It also demonstrates that with courage and commitment, communities – no matter how marginalised – can successfully stand up for their rights. This judgment is a testament to the courage of a community who refused to allow their human rights to be violated with impunity.”
Amnesty International and CMAP also called on the Nigerian Government to fully and effectively implement the judgment in a comprehensive and timely way and not ignore the ruling as they have done repeatedly in other cases.
They recalled that in December 2012, the ECOWAS Court of Justice found the Nigerian Government responsible for pollution caused by oil companies and ruled that it must hold the companies and other perpetrators to account but no action has yet been taken.
The case, according to the groups, highlights a number of issues of concern to Amnesty International, including the ongoing use of forced evictions and the use of excessive force by the Nigerian Police and Army.
Amnesty International and CMAP are calling for:
- The Nigerian Army and Police Force to end the use of excessive force and the repeal regulations which are not in line with international standards such as Police Force Order which permits police officers to shoot protesters, whether or not they pose a threat to life.
- An immediate end to mass forced evictions in Nigeria and the enactment of legal safeguards to protect people from forced eviction.
