The African Commission on Human and Peoples’ Rights (the Commission), through its Country Rapporteur on Human Rights in the Federal Republic of Nigeria, Honourable Commissioner Solomon Ayele Dersso and the Special Rapporteur on Human Rights Defenders and Focal Point on Reprisals in Africa, Honourable Rémy Ngoy Lumbu, follows with deep concern the human rights issues arising in the context of the response to the protests being held in Nigeria.
The Commission has received numerous reports that on 2 August 2024 and subsequent days incidents of clashes and fatalities took place in the context of the response of security and law enforcement personnel of Nigeria to the protests taking place in the country under the theme #EndBadGovernance.
The Commission deplores the tragic loss of life of at least 13 individuals during demonstrations in the context of the response of security and law enforcement agencies. Such loss of life when attributed to the actions of security or law enforcement forces could amount to violation of Article 4 of the African Charter on Human and Peoples’ Rights (African Charter). The African Commission wishes to remind Nigerian authorities that the jurisprudence of the Commission on the use of force including in its General Comment on the Right to Life under Article 4 of the African Charter requires that law enforcement agencies do not resort to the use of excessive force.
The Commission further echoes the condemnation by the National Human Rights Commission of Nigerian of the violations to which journalists were subjected by the Nigerian Police at Eagle Square. Such treatment of journalists could amount to violations of Articles 5, 6 and 9 of the African Charter.
In light of these grave concerns, the Commission calls upon the Government of the Federal Republic of Nigeria to take the following actions:
Respect and ensure respect for the right to peaceful protest: The right to peaceful protest is enshrined under Article 11 of the African Charter. The Commission urges Nigeria to uphold and ensure respect for the right of Nigerians to engage in peaceful protests as part of the exercise of their freedom of assembly and association and adhere to the guidance issued by the National Human Rights Commission of Nigeria.
End actions by law enforcement agencies leading to loss of lives: Ensure that law enforcement agencies operate strictly within the confines of the law and the Constitution on the basis of the human and peoples’ rights standards the African Commission established for law enforcement agencies.
Independent Investigation and Accountability: Conduct thorough, independent and transparent investigations into the reported fatalities and the abuse of journalists and hold accountable those responsible for violations.
Engage in Dialogue and adopt corrective measures: Facilitate open and inclusive dialogue with protesters, civil society organizations and all concerned sectors of society to address the underlying causes of the protests and implement corrective measures agreed to during such dialogue.
The African Commission on Human and Peoples' Rights remains unwavering in its commitment to supporting the Federal Republic of Nigeria in upholding its human rights obligations and fostering a culture of respect for the rule of law, human rights, and constitutionalism.
Honourable Commissioner Solomon Ayele Dersso, PhD
Country Rapporteur on Human Rights Situation in the Federal Republic of Nigeria
Honourable Rémy Ngoy Lumbu
Special Rapporteur on Human Rights Defenders and Focal Point on Reprisals in Africa
Done this 2nd August 2024
