Lagos, Nigeria - A civil society group, the Socio-Economic Rights and Accountability Project (SERAP), has dragged the Nigerian Government to the ECOWAS Court of Justice over the killing of members of the National Youth Service Corps (NYSC) who served as adhoc staffers during the April general elections. SERAP alleged that “the failure of the defendants to exercise due diligence to prevent the post-election violence that resulted in the unlawful killing of the NYSC members and others amount to violations of their right to life; to sanctity and integrity of human person; to equal protection of the law; and violations of the families’ right to family life, and to basic enjoyment of economic and social rights.” According to a press release, made available to PANA by its executive director, Adetokunbo Mumuni, the suit filed by its solicitor, Femi Falana, joined as defendant, the Attorney General of the Federation and Minister of Justice, Mr. Muhammed Adoke, SAN.

The organization argued that “the post-election violence commission established by the government may end up the same way previous commissions of inquiry set up to address the outbreaks of violence in the country ended: without success, implementation or follow-up.

'Also, the payment of 5 million naira to each of the families of the NYSC members killed is grossly inadequate and falls far short of the requirements of international human rights law. The compensation by the government is unfair as it does not fully reflect the cost of education and training of the victims; the potential future earnings of the victims, the irreplaceable loss to the families; the physical, emotional and mental suffering by the families; and the human value and economic cost to the country.”

SERAP also argued that, “the failure by the defendants to promptly, transparently and effectively investigate the death of the NYSC members and to bring suspected perpetrators to justice amounts to a denial of the victims’ access to a fair, effective and prompt system of justice. In effect, the government has shown itself unwilling or unable to promptly, transparently and effectively investigate and prosecute those responsible for the unlawful killing of the NYSC members.”

According to the organization, “what is needed is a prompt, transparent and effective criminal investigation by independent law enforcement agencies to identify the suspected perpetrators and bring them to justice fairly and not another fairytale political commission.

“States may also be responsible for private acts if they fail to act with due diligence to prevent violations of rights or to investigate and punish acts of violence and for not providing adequate compensation,” the suit further argued.

The organization also argued that, “the defendants have failed to discharge its positive obligation to take preventive operational measures to protect individuals whose lives were at risk. Also, victims of arbitrary killing are entitled to adequate compensation from the state where the violation was committed, even if committed by non-state actors. Granting compensation is separate from the additional obligation on states to conduct prompt, transparent and effective investigations and punish perpetrators.”

“By the combined effects of Articles 1, 2, 3, 4, and 5, of the African Charter on Human and Peoples’ Rights to which Nigeria is a signatory, the Government of Nigeria has violated the right to life, the right to the dignity and security of the human person; and the right to family life of the killed and injured NYSC members,” SERAP further argued.

Pana 18/05/2011