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Category Archives: human rights defenders

NIGERIA #ENDSARS PROTESTS AND THE AFTERMATH

NIGERIA #ENDSARS PROTESTS AND THE AFTERMATH

Position of Lawyers Alert

Lawyers Alert condemns in the strongest terms the use of live ammunition on protesters who were only armed with national flags and the national anthem and the consequent loss of lives of innocent and defenseless Nigerians in their prime. No lawful and democratic society condones extrajudicial killings in any form. Every person has a right to live and such a right cannot be taken away by anyone except in accordance with the law.

Lawyers Alert acknowledges the Constitutional Rights of citizens to embark on peaceful protests and it is in this light that we also strongly condemn the use of military personnel under any guise to quell protests within the civic space. The result can only be and has been fatalities.


We also condemn the degeneration of the protest into rioting. In Abuja alone, no fewer than 50 vehicles were razed. The same goes for Lagos where Media Houses, a Traditional Ruler’s Palace, Police Stations, a warehouse, and shopping malls were vandalized and in some instances burned. A number of Police Officers were also lynched. In Edo, there was the incident of a jailbreak where inmates were set free while Kano and Jos witnessed misguided reprisal attacks with a number of churches burned.
We acknowledge the rights of the citizenry to move freely and own property. These are fundamental rights that are inalienable.


We note the genesis of the unfortunate happenings. Citizens, mainly the Youth commenced protests owing to killings and various human rights abuses against them by the men of the Police Force, particularly the special unit of the Special Anti-Robbery Squad, SARS. Their demands were the disbandment of SARS, identification and sanctioning of rogue officers, the release of the illegally detained, and compensation to victims or their families amongst others.


The government did yield to these requests by disbanding SARS, setting up
Judicial Panels of Inquiry, and calling for negotiations. Owing to previous unkept promises by the government and the consequent lack of trust, youths shunned these measures, and continued the protest, leading to the present situation.

Recommendations
In light of the foregoing, Lawyers Alert recommends the following:

▪ The Federal Government should keep open its earlier invitation to the
Protesters to the negotiation table. The Protesters should accept the
government invitation to dialogue towards the realization of the demands
of the protesters and suspend the protests. Lawyers Alert recognizes the
lack of trust for government promises by the youth, which is justifiable
given past experiences. We however advise that timelines be set for the
delivery of every demand with responsible agency clearly defined. There is
no better time to do this than now.


▪ The National Assembly should conduct a hearing/investigation into what
transpired at the Lekki toll gate on 20/10/2020 that led to the loss of lives
owing to killings allegedly carried out by soldiers. This hearing should
unravel questions like who ordered soldiers to Lekki Toll Gate, the actual
number of lives lost, the identity of victims, and comprehensive sanctions
of any individual directly or indirectly connected to the incident.

▪ Lawyers Alert urges groups and persons to approach the Judicial Panels
of Inquiry to lay their grievance towards the identification of culpable SARS
officers for appropriate sanctions and the compensation of victims.


▪ The government should embark on comprehensive reform of the police,
with emphasis on oversight functions, tethering oversight to citizens
groups, the National Assembly, Internal Police oversight, the National
Human Rights Commission, and most importantly, the Police Service
Commission which is the constitutional body with the mandate of
oversight.

God Bless the Federal Republic of Nigeria.


Lawyers Alert

 

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CONSTANCE NKWOCHA & 15 ORS V. THE FCT MINISTER & 5 ORS: JUDGEMENT IMPLICATIONS AND WAY FORWARD

criminaljustice

IMPLICATIONS

Following the recent judgement from the afore-stated case, it is without ambiguity or misunderstanding inconsistent with any law in Nigeria misinterpreting the criminality or otherwise of sex work in Nigeria.

Before judgement was given in the instant case, sex work was dragged by agencies of the Nigerian government as constituting an offence without any substantial legal backing.

Judgement from this case would do the following:

  1. Hopefully guide Nigerian government agencies in their operations against women whom they perceive as being sex workers
  2. Guide other Nigerian courts in delivering judgements in cases of similar nature
  3. Go a long way in assisting human rights defenders in taking up cases of similar nature, in Nigeria

WAY FORWARD

While Lawyers Alert is exploring the possibilities of going on appeal, it has met with Heartland Alliance International on the possible way forward for the above stated judgement and how best to execute possible plans. However, for enormous success to emerge from this development, all hands must be on deck. Stakeholders working on issues of this nature are encouraged to be part of this process.

Consequently, there is need for other International Development Actors to encourage the process by joining Lawyers Alert and Heartland Alliance International to maximize this rare opportunity in eradicating all forms of discrimination against sex workers, as well as prevent subsequent and foreseen mayhem which may arise.

CAVEAT

Lawyers Alert hereby puts our readers on notice that all articles on this page are of the writers opinion and do not necessarily represent the views of the organization except otherwise stated.

 

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