ECOWAS Court Declares Nigeria Guilty of Violating Rights of 26 Forced Evictees from Lagos, Rivers Communities

ECOWAS Court Declares Nigeria Guilty of Violating Rights of 26 Forced Evictees from Lagos, Rivers Communities

By: Michael Mike

The Economic Community of West African States (ECOWAS) Court of Justice has found Nigeria guilty of violating the rights of 26 people forcibly evicted from various communities in Lagos and Rivers States,

The three-member panel of the Court Honourable Justice Ricardo Cláudio Monteiro Gonçalves (presiding judge), Honourable Justice Sengu Mohamed Koroma (judge rapporteur), and Honourable Justice Gberi-Bè Ouattara (Panel member) delivered judgment on Thursday in the case of Mr. Edwin Lenyie & 25 Ors. v. Federal Republic of Nigeria (Application No: ECW/CCJ/APP/34/17), ruling in favour of the 26 applicants forcibly evicted from various communities in Lagos and Rivers States, Nigeria for violation of Article 7 of the African Charter on Human and People’s Rights by the Federal Republic of Nigeria.

The case was brought by the applicants, who alleged that between 2004 and 2013, the Nigerian authorities forcefully evicted residents of several communities without prior notice, compensation, or alternative shelter, leaving thousands homeless. Despite initial hearings by the National Human Rights Commission (NHRC) in 2014, the proceedings were suspended indefinitely, leaving the applicants without legal recourse.

In the judgment delivered by Justice Sengu Mohamed Koroma, Judge Rapporteur, the Court found that it had jurisdiction to hear the case and ruled that the applicants’ rights under Article 7 of the African Charter on Human and Peoples’ Rights (ACHPR), which guarantees the right to a fair trial and access to justice, had been violated. The Court held that the Nigerian state failed in its duty to ensure access to legal remedies for the victims, as the NHRC hearings were never concluded, and no alternative means of redress were provided.

The Court dismissed the respondent’s objections, including its argument that the applicants should have pursued their claims in Nigerian courts. It further struck out the NHRC as a Respondent in the case, determining that the Nigerian state bears full responsibility for the actions of its agencies.

As a remedy for the rights violations, the Court awarded each of the twenty-six applicants compensation of N2 million to be paid by the Federal Republic of Nigeria. The Court emphasized that reparations serve as a means to restore justice rather than to punish the respondent.

ECOWAS Court Declares Nigeria Guilty of Violating Rights of 26 Forced Evictees from Lagos, Rivers Communities