FG pays N6.5m to victims of Bundu shooting
(Nigeria) The Federal Government has paid N6.5 million (over $30,000)
in compensation to victims of shooting by armed security forces in Bundu Ama,
Port Harcourt, Rivers State on 12 October 2009.
The payment followed the ECOWAS Court of Justice judgment
obtained by Socio-Economic Rights and Accountability Project, SERAP and 10
residents of Bundu waterfront and surrounding communities in June 2014.
In the suit, the plaintiffs claimed that armed security
forces had on 12 October 2009 “opened fire on unarmed protesters in Bundu Ama,
an informal settlement in Port Harcourt, leaving at least one person dead and
12 seriously injured. Also, the Rivers State government with the support or
complicity of the Federal government planned large-scale demolitions of the
city’s waterfront settlements, home to at least 200,000 people.”
The court ruled that there was no justification for the
shootings and that the Nigerian government had breached its obligation to
protect and respect the right to peaceful association and assembly. The court
awarded a total of 11 million Nigerian Naira – nearly $70,000 USD - in damages.
In a statement by SERAP executive director Adetokunbo Mumuni
the organisation said that, “We welcome the payment of compensation by the
government. This shows that there is penalty for the government when it allows
its security forces to use excessive force against peaceful protesters, and unlawfully
drive them away from their homes, with tragic consequences for citizens and
communities. That was the case here.
“The victims now at last have the justice they have sought
for many years. For them the significance of this moment cannot be over
emphasised. This is a timely reminder of Nigeria’s obligations to ensure rights
to peaceful assembly and association, and freedom from forced evictions, and to
put a stop to current practice.
“However, with several aspects of the judgment and the case
yet to be enforced and resolved, and full and fair compensation paid as ordered
by the ECOWAS Court, the matter is far from over.
“Reparations are only meaningful insofar as the judgment has
not been fully implemented and the government has not aligned its policing
practices with international human rights standards. That’s what needs to
happen.”
“SERAP is calling on the government of President Muhammadu
Buhari to fully and effectively implement the judgment in a comprehensive and
timely manner, as well as to ensure guarantees of non-repetition.”
It will be recalled that Israel Okari; Joy Williams; Austin
Onwe; Tamno Tonye Ama; Victor Opium; Mark Bomowe; Napoleon Tokubiye; Napoleon
Tokubiye; Jonathan Bokoko; Williams Tamuno; and Linus John with the support of
SERAP dragged the government to the court in 2010.
The suit Number ECW/CCJ/APP/10/10 dated 29 October 2010, was
filed on behalf of SERAP and the residents by Femi Falana, SAN, Adetokunbo
Mumuni and Sola Egbeyinka. The Minister of Justice and Attorney General of the
Federation; Rivers State governor Rotimi Amaechi; Commissioner for Justice
Rivers State; and the Commissioner for Urban Development, were joined as
Defendants.
Amnesty International, London supported the suit through
amicus brief filed on behalf of the organisation by Dr Kolawole Olaniyan.
According to the Plaintiffs, “The planned large-scale
demotions were developed without adequate consultation with affected
communities. Njemanze waterfront, a community close to Bundu Ama, was
demolished in August 2009 and it is estimated between 13,800 and 19,000 people
were forcibly evicted from their homes. Thousands of people, including
children, women and the elderly were left homeless and vulnerable to other
human rights violations.”
The ECOWAS Court of Justice, Abuja ruled that “the failure
by the Nigerian government to investigate and prosecute members of the security
forces who killed and injured protesters violated the right to protest.”
Article 15(4) of the ECOWAS Treaty makes the Judgment of the
Court binding on Member States, including Nigeria. Also, Article 19(2) of the
1991 Protocol provides that the decisions of the Court shall be final and
immediately enforceable. Furthermore, non-compliance with the judgment of the
Court can be sanctioned under Article 24 of the Supplementary Protocol of the
ECOWAS Court of Justice, and Article 77 of the ECOWAS Treaty.
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