Judiciary
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Justices of the Court of Justice of the Economic Community of West African States wants the federal government of Nigeria to inquire into the killing of five Nigerians in the Police custody on October 13, 2010, in Benin, Edo State
THE Court of Justice of the Economic Community of West African States, ECOWAS, has ordered the government of the Federal Republic of Nigeria to conduct ‘appropriate inquiries’ into the disappearance of five Nigerians on October 13, 2010, after they were taken into police custody in Benin, Edo State, Nigeria.
Delivering judgment in a suit brought by 21 dependants, relations and children of the five Nigerians on Monday in Abuja, the court also ordered that the outcome of the inquiry be submitted to it.
The three-member panel of judges led by Justice Friday Chijioke Nwoke, vice president, also gave the government a three-month deadline to produce the warrants of arrests of the five missing persons.
The Court also observed that Nigeria had not complied with its earlier order to produce certain documents as requested at its hearing on February 9, neither had its notice of hearing been honoured by the government.
The late Ndubisi Christian Nnalue, Godwin Chigbo Isidienu, Chukwudi Eke, Uche Onuwuesi and Chinedu Onwe allegedly died after they were taken into custody by officers of the Nigerian Police Force at Oregbemi Police Station and the State Criminal Investigation Department, CID.
In the case no ECW/CCJ/APP/10/12 lodged before the Court on September 6, 2012, the plaintiffs alleged that the five persons were ‘executed in the early morning of October 16, 2010’ while in police custody.
The plaintiffs submitted that the five persons had not been seen by their families nor received any information on their whereabouts since their arrest by the Nigerian Police and consequently claim that the Federal Republic of Nigeria has failed to protect the rights to life, liberty, protection, fair hearing and right to enjoy family life of the five persons who were bread winners of their homes.
The plaintiffs also claimed that the failure of Nigeria to investigate, discipline and prosecute the police officers involved in the alleged execution violated their rights as enshrined in the African Charter on Human Rights.
The plaintiffs also sought an order for Nigeria to conduct an independent inquiry into the disappearance of the five persons, and publish a letter of apology to the plaintiffs in five national dailies.
In its defense, Nigeria through its counsel filed a preliminary objection where it asserted that the matter was pending before a national court, and that the case involved a criminal matter over which the ECOWAS court has no jurisdiction and that the rights of the plaintiffs (relatives) themselves were not violated and urged the court to dismiss the case.
In its judgement, the court held that the case was admissible since the substance before it pertained to occurrence of an alleged human rights violation. Regarding the defendant’s argument that the interest of presumed dead persons cannot be defended before court, the court stated that “it is indeed possible to sue a State for the ‘murder or disappearance’ of human beings whose right to life the state is under obligation to protect.”
Also on the panel were Justices Micah Wilkins Wright and Alioune Sall.
— Dec 21, 2015 @ 01:00 GMT
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