THE Socio-Economic Rights and Accountability Project (SERAP) has said the Federal Government has paid N6.5 million (over $30,000) as compensation to victims of shooting by armed security forces in Bundu Ama, Port Harcourt, on October 12, 2009, adding that the payment followed the ECOWAS Court of Justice judgment obtained by the group and 10 residents of Bundu waterfront and surrounding communities in June 2014.
In the suit, the plaintiffs claimed that armed security forces had on October 12, 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 has planned a large-scale demolition of the city’s waterfront settlements, home to at least 200,000 people.
According to the plaintiffs: “The planned large-scale demolitions 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, adding that thousands of people, including children, women and the elderly, were left homeless and vulnerable to other human rights violations.”
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. It awarded a total of N11 million (nearly $70,000) as damages. In a statement issued and made available to The Guardian by its Executive Director, Adetokunbo Mumuni, the organisation said: “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, stressing that the victims now at last have the justice they have sought for many years.
“This is a timely reminder of Nigeria’s obligations to ensure right to peaceful assembly and association, and freedom from forced evictions, and to put a stop to current practice, noting that 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.”
According to the rights group: “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 would 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 October 29, 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.
The rights group explained that the Amnesty International (AI), London, supported the suit through amicus brief filed on behalf of the organisation by Dr. Kolawole Olaniyan. 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.”
