From Godwin Tsa, Abuja
Five indigenes of Kogi State, Nigeria have dragged the Federal Republic of Nigeria before the community court of the Economic Community of West African States (ECOWAS Court) over alleged indifference by the defendant to violence and the attendant destruction of lives and properties in the state.
The Plaintiffs in the application No. ECW/CCJ/APP/24/23 dated July 24, 2023, including Amb Ali Ocheni, Hajiya (Chief) Rekiya M Abaji, Dr Sebastine Abuh, Sulaiman Akpa and Dr Ojoachele Akor Felix
The application was brought, pursuant to Articles 78 to 86 Under Chapter 1 of the Rules of the Community Court of Justice, ECOWAS, for an order for interim and/or provisional measures and/or instructions.
Other articles relied on in the matter include, Article 20 of Protocol CA/P1/7/91 on the Community Court of Justice and Articles 32 and 33 of the rules of the Community Court of Justice.
File on their behalf by Chief Festus A Oguche of Crownfield Solicitors, the plaintiffs listed nine facts pursuant to the application for provisional measures. According to the plaintiffs, “insecurity in Kogi State is taking new turns daily and has currently risen to a high, intolerable and intractable crescendo.”
They also alleged that the fact that thugs and hoodlums have taken over the entire state has put residents in deep fear for their lives and properties, which the defendant is fully aware of, and cannot deny.
“The officials of the state, who have their hands dipped in all the violence and inhuman and degrading treatment and punishment, are taciturn and just looking the other way, thereby fueling the crises with the aim of creating tension and fear amongst the citizens of the state ahead of the forthcoming governorship elections.”
The plaintiffs also held that the current security network in Kogi State is compromised and that politicians are pushing the situation to a level of high tension and apprehension as ethnic groups are getting involved.
This they fear, may culminate into inter-ethnic warfare and serious bloodshed if the court does not quickly intervene.
They stated that if the security apparatus in the state is left unchecked, it will continue to do the bidding of political state actors, hence this application for intern measures and directives on security in the state.
They further stated that the people of Kogi State are helpless in the face of the gross violations of human rights by thugs and alleged security agents.
“And all these are notorious facts of which the defendant is very much aware and has done nothing to protect the people from the wanton attacks and violence, hence this application.
“The people of Kogi State have suffered immense hardship and deprivation, particularly in the area of the gross violation of fundamental rights by the direct killing, abduction and torture of the people, or the loss of loved ones and properties in the hands of the dangerous political hoodlums and security operatives in the state; extra judicial killings at the instance of persons acting in an official capacity, hence this humble application for interim measures, imploring on the honourable court to intervene and come to the aid of the people of the state.”
According to the plaintiffs, the imperatives for effective interim or provisional security measures include, abating the growing incidence of violent killings, abductions, destructions and invasions of communities, perpetrated by thugs; interim placement of adequate and professionally imbued security personnel in Kogi State, specifically for the purpose of shielding the population against incessant killings, abductions and destructions of lives and properties; to bring to the defendant’s attention, its duty to provide proper security for the people of Kogi State in the face of the growing violent violations of their human rights and fundamental freedoms as a guarantee for their right of participation, either actively or passively in the November governorship elections by the provisional measures, by allowing an atmosphere of security, peace and tranquillity to reign preparatory to the polls.
The plaintiff is therefore seeking a provisional order, directing the defendant to take immediate interim measures for a special security intervention in Kogi State and an order for provisional measures directing the defendant to report the details of the measures undertaken by it to the court from time to time.