Nigeria Condemned by ECOWAS Court for Torture of Protesters at Lekki Toll Gate

by Natalie Lucas (Legal Officer, REDRESS) and Nelson Olanipekun (Founder, Citizens Gavel)

On 10 July, the Community Court of Justice of the Economic Community of West African States (ECOWAS) delivered a significant judgement against Nigeria in response to a case brought by victims of the Lekki toll gate massacre.  

In 2020, nationwide protests against the harassment and brutality perpetrated by the Special Anti-Robbery Squad (SARS) of the Nigerian Police Force broke out. On 20 October 2020, Nigerian State agents open fired on a peaceful demonstration by unarmed protesters gathered at the Lekki toll gate in Lagos, Nigeria. At least nine protesters were killed and many more seriously injured.  

Despite a 2021 Judicial Panel of Inquiry concluding that the Nigerian military and police were responsible for the massacre – its recommendations have still not been implemented nor has justice or reparation been provided for victims and survivors of the massacre. Despite calls for sanctions against the perpetrators, the UK, US and other States around the world have failed to take any meaningful action to support justice and accountability.  

The case before the ECOWAS Court was brought by 3 survivors of the massacre. The survivors were supported by a group of Nigerian civil society organisations who collaborated to document and verify evidence of the violations, provide legal support throughout the case and continue to advocate for accountability and justice following the massacre.  

The Applicants claimed various violations under the UN Convention Against Torture, the African Charter on Human and People’s Rights, the International Convention on Civil and Political Rights and the Universal Declaration of Human Rights including violations of the right to life, prohibition against torture and right to freedom of assembly and association. In its judgment, the ECOWAS Court found Nigeria unequivocally responsible for both substantive and procedural violations and ordered compensatory and declaratory relief to the Applicants. The judgment represents a significant step forward in the ongoing fight for justice for the victims of Lekki.  

Despite this development, the plight of the victims and pursuit of justice and accountability is still largely being ignored by Governments around the world. Nigeria must now fully implement the order of the ECOWAS Court. Crucially, other States, such as the US and UK, should support the implementation of the judgment and other ongoing efforts for accountability, including through the use of targeted financial sanctions against individual perpetrators, until justice is delivered. 

Key findings 

The judgment reiterates key obligations incumbent on States both in the substantive protection of human rights and in the procedural obligation to properly investigate violations and provide effective remedy to victims.  

Prohibition of torture is “not to be taken lightly” 

The Court noted that the prohibition of cruel, inhuman or degrading treatment or punishment is “to be interpreted as widely as possible to encompass the widest possible array of physical and mental stress” (paragraph 118). It went on to confirm that torture is not only physical acts “but can be psychological acts capable of causing fear or anxiety” (paragraph 119).  

In its analysis of the evidence, the Court concluded that the Applicants “established that they suffered physical, mental, emotional and psychological torture”. The state of fear, anxiety and psychological distress suffered by the applicants amounted to torture perpetrated through the disproportionate use of force and acts of the Nigerian security forces.  

“In the instance of an allegation of torture in the context of a protest by civilians, the Court is compelled to find that an area controlled by security agents of the [Nigerian State] (who are heavily armed and shooting) supported by evidence is a breach of [the prohibition against torture]” (paragraph 125) 

Alongside the violation of the prohibition of torture, the Court also found that Nigeria had violated the right to life and freedom of expression, assembly and association.  

Implementation of the Judicial Panel of Inquiry’s recommendations crucial to the obligation to investigate 

A Judicial Panel of Inquiry set up in the wake of the protests has already found the Nigerian security forces responsible for the violations at Lekki.  However, four years on from the massacre, the panel’s recommendations have still not been properly implemented. The ECOWAS Court drew attention to Nigeria’s failure to implement the recommendations made by the panel. 

“The duty is not only to initiate the process but to see it to a conclusion and make reparations to the victims” (paragraph 153) 

Even with the establishment of the Judicial Panel of Inquiry, the Court noted that this, in itself, was not enough to affirm the Applicants had been availed of an effective remedy (or channel through which to seek an effective remedy).  

“An effective remedy must be accessible or at least satisfy the victims that their cause has been heard and that justice has been done in the circumstance” (paragraph 159) 

In so finding, the Court ordered Nigeria conduct a new investigation in line with its obligations under international law. 

Reparations are not to absolve the violation but recognise the harm caused 

In recognition of the violations and harm suffered by the Applicants, the Court ordered compensation to each applicant in the sum of two million Nigerian Naira (approximately 1,200 USD) for each of the violations it adjudicated upon.  

Taking a slightly narrow view of the purpose of reparatory compensation, the Court noted that “compensation is not a means of buying the victim, rather it is intended to be symbolic in deterring a reoccurrence of the same violations” (paragraph 165). Nevertheless, it considered the gravity of the violations in the exercise of its discretion to award compensatory reparation. 

The role of the international community 

It remains to be seen whether Nigeria will implement this latest judgment by initiating a new investigation (and where appropriate, prosecutions of perpetrators) as well as paying out the compensation ordered by the Court. In 2022, REDRESS and its partners urged the international community, including the UK Government, to impose coordinated targeted sanctions against the alleged perpetrators of the Lekki massacre. Despite these calls to action, the UK and its allies continue to remain silent in the wake of this atrocity.  

This unequivocal judgment from the ECOWAS Court is an opportunity for the international community to play its role in upholding the decisions of international courts and promoting accountability and justice for serious violations of human rights wherever they may occur. To date, the UK has sanctioned 110 individuals and 13 entities under its Global Human Rights Sanctions Regulations for serious human rights violations.  

The UK introduced its Global Human Rights Sanctions Regulations the same year that the massacre took place. However, incredibly not one of the UK’s designations under this instrument has been against the alleged perpetrators of the violations which occurred at Lekki. In February 2024, the UK signed a landmark economic partnership with Nigeria.  It is crucial to the UK’s continued standing in the world that it holds its allies to account for human rights violations and, where necessary, supports the implementation of decisions by international courts and encourages accountability for perpetrators. 

Read the full judgement of the court here.

Photo by Kaizenify (CC BY-SA 4.0)