Femi Falana, SAN
For its 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, Human Rights lawyer, Femi Falana, SAN has filed a suit against the Federal Government of Nigeria at ECOWAS Community Court of Justice in Abuja.
In the suit No ECW/CCJ/APP/15/16 filed yesterday by Falana on behalf of the Registered Trustees of the Socio-Economic Rights and Accountability Project (SERAP), the senior advocate of Nigeria aver “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.”
He argued 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.”
Postulating that failure to do so contravenes African Charter on Human and Peoples’ Rights. And therefore makes the defendants liable.
The reliefs sought, amongst others, are compelling orders to the government to do its statutory duty of protecting and guaranteeing security of lives and properties and to adequately compensate the victims and guarantees of non-repetition.
“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 long standing legal principle: ubi ius ibi remedium (there is no right without a remedy),” he anchored his case.
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