The Registered Trustees of the Socio-Economic
Rights and Accountability Project (SERAP) have
dragged the Federal Government to the ECOWAS
Community Court of Justice in Abuja over “failure
to prevent, account for and investigate killings,
raping, maiming of Nigerians and other residents,
and destruction of property across the country by
herdsmen, the military and police.”
In the suit No ECW/CCJ/APP/15/16 and filed
yesterday by Solicitor to SERAP, Femi Falana SAN,
the Plaintiff contends “that the continuing
attacks, killings, raping, maiming of Nigerians and
other residents, and destruction of property by
the military, police, herdsmen and other unknown
perpetrators across the country amount to
serious violations of human rights of the rights to
life, to the security and dignity of the human
person, and to property.”
The suit reads in part: “The Plaintiff contends that
the Defendant is responsible for these human
rights violations and abuses by the military,
police, herdsmen and other unknown
perpetrators which have not been adequately
prevented, investigated or prosecuted by the
authorities. These responsibilities are heightened
when an observable pattern has been overlooked
or ignored, such as is the case in this suit.”
“The Plaintiff also contends that the obligation to
secure the right to life is not confined to cases
where it has been established that the killings
were caused by an agent of the State. Nor is it
decisive whether those affected or their families
have lodged a formal complaint about the killings
with the competent investigatory authority.”
“It is contended that the mere knowledge of the
killings by the military, police, herdsmen and
other unknown perpetrators on the part of the
authorities have ipso facto given rise to an
obligation under Article 4 of the African Charter
on Human and Peoples’ Rights to carry out an
effective investigation into the circumstances
surrounding the killings and to identify the
perpetrators and bring them to justice, and to
provide reparations to victims.”
“Moreover, the Defendant has a responsibility for
those killings, raping maiming and destruction of
property where authorities knew or ought to have
known of an immediate threat and failed to take
measures that might have been expected to
avoid those attacks and killings.”
“The Plaintiff further contends that the Defendant
has positive obligations to provide a framework of
security for the protection of life, and to protect
the lives of those individuals at risk from unlawful
attacks by the military, police, herdsmen and
other unknown perpetrators. The lack of
accountability for the attacks by the military,
police, herdsmen and other unknown
perpetrators across the country has continued to
create a culture of impunity which clearly is not
compatible with the rule of law in a democratic
society.”
“The Plaintiff contends that the Defendant has a
positive obligation to take measures to secure the
right to life, right to security and dignity of the
human person and right to property, and to
prevent attacks and killings by the military,
police, herdsmen and other unknown
perpetrators across Nigeria.”
“Human life has a special value and dignity which
requires legal protection. It should be pointed out
that those affected in the present case include
the most disadvantaged and vulnerable sectors of
society.”
“By interpreting the African Charter on Human
and Peoples’ Rights so as to impose on the
Defendant obligations to prevent, account for and
investigate killings, raping, maiming of Nigerians
and other residents and destruction of property,
whether or not the Defendant is directly or
indirectly responsible, the ECOWAS Court of
Justice will be demanding from the Nigerian
government a commitment to securing these
rights and to the reform of the very structure and
modus operandi of its legal institutions. In so
doing, the ECOWAS Court will help to address the
systemic factors contributing to the attacks by
the military, police, herdsmen and other unknown
perpetrators.”
“A fundamental notion of contemporary human
rights law is that victims of violations enjoy an
independent right to effective remedies. This idea
is itself founded on another longstanding legal
principle: ubi ius ibi remedium (there is no right
without a remedy).”
SERAP therefore is asking the ECOWAS Court of
Justice for the following reliefs:
A DECLARATION that the attacks, killings, raping
and maiming of citizens and other residents and
destruction of property and other serious human
rights violations and abuses across the country by
the military, police, herdsmen and other unknown
perpetrators amount to failure by the Defendant
to exercise due diligence to prevent the attacks
and killings and cannot be justified under any
circumstances, and therefore constitutes a
serious breach of Nigeria’s international human
rights obligations and commitments to ensure
and secure the rights to life, to dignity and
security of the human person, and to property,
guaranteed under the African Charter on Human
and Peoples’ Rights, and the UN International
Covenant on Civil and Political Rights to which
Nigeria is a state party;

omenka:
Their right to do so.

omenka:
[s]Their right to do so.

There's no gainsaying the FG is doing all within it's power to address the situation. The maze of this situation is as intricate as can't be cautious enough when addressing it, lest it turns a disaster into a catastrophe.

Unlike what we have in the NE, there are no clear cut battle lines or strongholds in this care, therefore a radically different approach is needed to succeed so innocent bystanders don't unnecessarily fall victims to a state sanctioned operation- even though we know collateral damage is part and parcel of all such actions. Keeping them at their barest minimum must be a priority.

It is well with Nigeria.[/s]

SeverusSnape:

I thought SERAP are ipods.

Come down to this thread and defend your Fulani marauding brothers. https://www.nairaland.com/3086841/herdsmen-kill-self-defence-says-miyetti

omenka:
You should go back to the thread to see that after yall begged me with sixteen mentions even when there were just ony about 40 comments ( ), I decided to respond.

Never seen this type of obsession honestly.

Make una no kill unaselves ontop my matter oo.

SeverusSnape:


Obsession my ass. Are you Frank Sinatra or Enya that I should obsess about?...

"The worst thing for someone to be obsessed with is a defender of killer herdsmen" - Winston Churchill, 1944.

omenka:
You my friend, is one of the most obsessed and you know it!

You know all you used to do was insult me on every thread. When I told you you will always be ignored and saw how much you were ignored, you decided, "oh well, technique seems counterproductive- perhaps I should apply a little decorum and see if he pays attention to me." Then you got rid of the insults and started getting a little attention from three or two days ago- and ooooh, you couldn't be more thrilled!!

Continue along that trajectory and you might end up with a well deserved autograph for your unparalleled loyalty.

omenka:
You my friend, is one of the most obsessed and you know it!

You know all you used to do was insult me on every thread. When I told you you will always be ignored and saw how much you were ignored, you decided, "oh well, technique seems counterproductive- perhaps I should apply a little decorum and see if he pays attention to me." Then you got rid of the insults and started getting a little attention from three or two days ago- and ooooh, you couldn't be more thrilled!!

Continue along that trajectory and you might end up with a well deserved autograph for your unparalleled loyalty.

iflywithbuhari:

You are here. Have you heard the latest. The Fulani's have come out to confess that they are responsible for the killings, but did so out of " SELFDEFENCE". Too bad, they came out to rubbish your piece of garbage you put down to salvage their reputation. They don't even want you.