Socio-Economic Rights and Accountability Project (SERAP) has condemned the reported use of teargas against peaceful protesters during the June 12 Democracy Day demonstrations in Abuja, describing the action as unlawful and a violation of fundamental human rights.
The organisation expressed particular concern over reports that journalist and human rights activist, Omoyele Sowore, collapsed and was taken to hospital after being exposed to teargas allegedly fired by security operatives during the protest.
In a statement issued on Thursday, SERAP said the reported targeting of peaceful demonstrators and the use of excessive force against citizens exercising their constitutional rights were unacceptable.
“We strongly condemn the reported misuse of teargas against peaceful protesters during the Democracy Day protests in Abuja, including the incident in which journalist and human rights activist Omoyele Sowore reportedly collapsed and was subsequently taken to hospital after being exposed to teargas fired by security operatives,” the organisation said.
According to SERAP, the rights to freedom of expression and peaceful assembly are guaranteed under both Nigerian and international law and must be protected by the authorities.
“The reported targeting of peaceful protesters and the excessive use of force against individuals peacefully exercising their constitutional and internationally guaranteed rights to freedom of expression and peaceful assembly are unacceptable and patently unlawful,” it stated.
The group called on the administration of President Bola Tinubu to launch a prompt, independent and transparent investigation into the incident and ensure that those found culpable are held accountable.
“The Tinubu administration must ensure a prompt, thorough, independent, impartial, transparent and effective investigation into the reported attacks and bring those suspected to be responsible to justice,” SERAP said.
It further urged authorities to provide access to justice for any protesters whose rights may have been violated.
“All protesters whose rights may have been violated must be provided with access to justice and effective remedies, including appropriate reparations where violations are established,” the statement added.
SERAP warned that the disruption of peaceful assemblies undermines democratic values and weakens public confidence in the rule of law.
“The violent disruption of peaceful assemblies undermines the rule of law and sends a chilling message to citizens seeking to participate in public affairs and hold authorities accountable,” the organisation noted.
It maintained that peaceful protest remains a legitimate democratic tool and should not attract intimidation or violence from state authorities.
“Peaceful protest is not a crime. Democracy Day should serve as a reminder of the importance of safeguarding human rights and ensuring that citizens can freely express their views without fear of intimidation, harassment, violence, or reprisals,” SERAP said.
The rights group also called on security agencies to guarantee the safety of protesters, journalists and human rights defenders, while ensuring compliance with the Nigerian Constitution, the African Charter on Human and Peoples’ Rights, and the International Covenant on Civil and Political Rights.
SERAP stressed that international human rights standards permit the use of force only when it is strictly necessary and proportionate to a legitimate law enforcement objective.
“Under international human rights standards, law enforcement officials may use force only when strictly necessary and only to the extent required to achieve a legitimate law enforcement objective,” the statement read.
The organisation added that teargas should only be deployed in exceptional circumstances and after adequate warnings have been issued wherever possible.
“Teargas should be used only when necessary to prevent further physical harm and, wherever possible, only after adequate warnings have been given. Authorities must also carefully assess the likely impact of its use.”
SERAP further noted that even in situations where protests become violent, the deployment of teargas must remain lawful, necessary and proportionate, and should never be used in a manner that endangers lives.
The organisation cited the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, which require prompt reporting and independent investigations whenever force used by security personnel results in death or injury.
“Nigerian authorities should not be allowed to misuse teargas in a manner that endangers lives or causes serious injury,” SERAP said.
