ABUJA, JUNE 21, 2016 – ECOWAS Court has dismissed the case of Socio-Economic Rights and Accountability Project (SERAP) against the Federal Government over the treatment of internally displaced persons (IDPs)
The case in suit no ECW/CCJ/APP/31/15, was filed by Registered Trustees of SERAP, a non-governmental organisation.
In a judgment read by Justice Micah Wright, the regional court held that the case was inadmissible and lacked factual merit.
Wright also held that SERAP failed to provide documentary evidence in support of its claims including evidence of closed down IDP camps, neglected IDPs, and did not call any witness from an IDP camp to testify.
SERAP had alleged that the Federal Government violated the rights to life, health, adequate shelter, human dignity and freedom of movement,
The other alleged rights violated were private property, judicial guarantees and child rights of IDPs as guaranteed by international legal instruments to which Nigeria is a signatory.
Counsel to SERAP Sola Egbeyinka claimed that the Federal Government had failed to protect residents across many parts of Nigeria against Boko Haram, which had maimed, killed and displaced many Nigerians continually since 2009.
He further submitted that the Nigeria’s counter-insurgency tactics and excessive use of force had caused residents to flee from their homes while the involvement of civil defence groups has endangered the lives of non-combatant citizens who have also become targets of reprisal attacks.
Egbeyinka alleged that Nigeria failed to promote the human rights of IDPs by not providing health facilities to meet their physical and mental wellbeing, basic amenities and infrastructure to enable them return to their communities.
It urged the court that the IDPs had been subjected to inhuman and degrading conditions by the failure of Nigeria to provide effective remedy guaranteed in relevant international legal instruments.
It also asked the court to compel the Federal Government to ensured a safe and dignified return of IDPs to their communities within six months.
SERAP urged the court to direct the Federal Government to ensure all the rights of the IDPs were protected and to keep and publish IDP registers with their complete information since 2010.
It also sought payment of monetary compensation of 300 million dollars to the IDPs for the violation of their rights and other forms of reparation as the court may deem fit.
On its part, the Federal Government had argued that the plaintiff’s case did not disclose any cause of action against it or its agents.
It noted that it had intervening agencies with such roles which had outlined strategies, and implemented various projects and programmes to curtail and eradicate the challenges of internal displacement.
The government said the agencies had data and carry out periodic updating of same, provision of relief materials, and facilitating casting of votes of internally displaced persons during elections.
It denied being negligent and contended that its actions have been acknowledged by various international governments, including the UN, the G-7 countries and the ECOWAS.
The Federal Government also submitted that acts of terrorism and insurgency were global phenomenon and that much was been done to curtail and eradicate it.
In its analysis, the court among others, agreed that the Federal Government had taken some concrete actions to cater for the needs of the IDPs.
It also said that the defendant had equally created a Multi-National Joint Task Force with neighbouring countries to combat and liberate territories held by the insurgents.
The court held that it relied on paragraph 6 (2) (b) of the UN Guiding Principles, which justifies displacement in situation of armed conflict when the security of the countries were at stake or where the imperative military reasons so demand.
It, therefore, observed that there was no basis to contend that the Federal Government was liable for the allegations brought against it by the plaintiff.
The other judges on the three-member panel, were Justice Hameye Mahalmadane and Hon. Justice Alioune Sall.
