The Federal High Court in Lagos has ordered the Inspector-General of Police (IGP) and the Lagos State Commissioner of Police to jointly pay N10 million in damages for the violation of the fundamental rights of several peaceful protesters.
Delivering judgement on Thursday, the judge M. Kakaki, held that although the police have constitutional powers to enforce laws, those powers must be exercised in accordance with democratic principles and the rule of law.
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The judge ruled that the applicants, who participated in a peaceful protest on 20 October 2024, during the fourth anniversary of the #ENDSARS peaceful memorial procession, were unjustly harassed and their rights infringed upon.
Mr Kakaki affirmed that the applicants were entitled to the constitutional right to freedom of peaceful assembly and association, as guaranteed under Section 40 of the Nigerian constitution.
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He ruled that the judgement of the Lagos State High Court delivered on 30 January, which restricted protests in Lagos to Gani Fawehinmi Freedom Park, Ojota, and Peace Park, Ketu — could not be retroactively applied to the October 2024 memorial protest.
“The judgement of the Lagos State High Court does not extend to the protest of 20 October 2024,” Mr Kakaki declared, affirming that the protesters’ arrest by the police violated their fundamental rights.
“When a Court finds the fundamental rights of citizens infringed upon, the Court can grant damages even if it was not prayed for,” he added.
The applicants in the suit include: Hassan Taiwo Soweto, Uadiale Kingsley, Ilesanmi Kehinde, Osopale Adeseye, Olamilekan Sanusi, Osugba Blessing, Kayode Agbaje, Michael Adedeji, Jennifer Rita Obiora, Orunsola Oluremi, Seyi Akinde, Akin Okunowon, Ugochukwu Prince, Aisha Omolara, Thomas Abiodun Olamide, Ogbu Obinna Ferdinald, Aghedo Kehinde Stephen, Duronike Olawale, Isaac Obasi, Funmilayo Jolade Ajayi, Gideon Adeyemi, and Afeez Suleiman.
The rest are three organisations—Education Rights Campaign (ERC), Take It Back Movement (TIB), and Campaign for the Defence of Human Rights (CDHR).
The violations, brutality
According to court documents, the protesters gathered peacefully on 20 October 2024 at the Lekki Tollgate to commemorate victims of the 2020 Lekki shooting, but were violently dispersed by police using live ammunition and tear gas.
The applicants alleged they were beaten, dragged into a Black Maria, and held incommunicado for hours before being moved to the State Criminal Investigation Department (Panti), where they were detained for four more hours before release — without charge.
In affidavits presented to the court, several applicants described gruesome acts of police brutality.
Mr Agbaje said officers kicked him in the groin and stepped on his genitals. One female protester alleged she was sexually assaulted and groped.
Another applicant said her leg was hit by a teargas canister, causing her to bleed, after which officers beat and dragged her despite her injuries.
“The 15th applicant’s leg was hit by a canister, and she fell and was bleeding. In that state, the police fired teargas directly at her… three policemen beat her up. One of them kicked her on her buttocks and dragged her on the floor,” Mr Soweto said in his deposition.
Their lawyer, Joseph Opute, argued that the conduct of security forces — acting under the authority of state officials — breached the applicants’ rights under Sections 34, 35, 40, and 41 of the Nigerian constitution.
The applicants put forward four prayers: a declaration that their arrest and detention were illegal, a public apology, monetary compensation, and an injunction restraining future suppression of peaceful protests.
Court rejects Lagos protest ban
Upholding the applicants’s case, Mr Kakaki granted express orders against the Nigerian Police Force and the Inspector General of Police, who were the first and second respondents, and awarded N10 million in general damages for the violations suffered.
He also dismissed the state’s attempt to justify the crackdown based on the earlier Lagos High Court ruling that restricted protest venues.
The applicants were represented by Abdul-Gafar Otumba, who held a brief for Mr Opute.
The Lagos State Government was represented by Teju Otutola.
Reactions
Speaking to PREMIUM TIMES after the judgement, human rights lawyer Ayo Ademiluyi hailed the decision as a crucial reaffirmation of citizens’ right to protest.
“This judgment went fully to uphold the right to protest, despite the Lagos State Government’s claim that the applicants were barred from protesting anywhere other than Gani Fawehinmi Freedom Park,” Mr Ademiluyi said.
Describing the Lagos State court’s protest restrictions as “fascist,” Mr Ademiluyi warned against executive attempts to muzzle dissent.
“To now say you can only protest at designated parks is like Stalinist USSR—this judgement restores the constitutional guarantee of free assembly.”
He called the Federal High Court ruling a “partial victory” for the Nigerian working people and urged immediate appeal of the Lagos State judgment, which he labelled a “direct attack on the right to protest.”
Also, Mr Soweto, a key applicant and coordinator of the Education Rights Campaign, described the ruling as a legal and moral boost for activists.
“The court categorically declared our arrest and brutalisation as unconstitutional,” Mr Soweto told PREMIUM TIMES. “This renews our confidence in the struggle against oppression and capitalist exploitation, especially under the Tinubu regime.”
He criticised the Lagos High Court judgement as “judicial tyranny,” alleging that neither he nor other defendants were served court summons or given the opportunity to defend themselves before the restrictive order was issued.
“They procured a Jankara order in July 2024, just days before the #EndBadGovernance protest. We were not served. We only heard about it in passing. That is a judicial terror enabled by the Lagos State government,” he said.
Mr Soweto added that despite economic propaganda by government agencies, real-life hardship persists.
“The National Bureau of Statistics claims inflation is at 23 per cent, unemployment at 5 per cent, and that GDP is growing. But we live here—we know the truth.”
He also warned against the proposed reopening of Lekki Tollgate on 1 August, describing the new “e-call-up system” as a cover for elite economic interests, particularly Dangote’s logistics operations.
“The blood of the martyrs will speak. We are opposed to the reopening of Lekki Toll Gate,” he said.
Background
The #EndSARS protest held in October 2020 as a youth-led protest against the Special Anti-Robbery Squad (SARS), a police unit notorious for brutality, extortion, torture, and extrajudicial killings.
Though the federal government announced the disbandment of SARS on 11 October 2020, protesters remained on the streets, citing broken promises and lack of justice for past abuses.
The protests culminated in a violent crackdown when soldiers opened fire on peaceful demonstrators at the Lekki Tollgate. While the Nigerian Army and government initially denied any shootings, eyewitnesses, viral videos, and a judicial panel confirmed that people were shot and killed — an event now known as the Lekki Massacre.
The protest site has since become a national symbol for human rights advocacy, and 20 October is marked annually with memorial events.
READ ALSO: #EndSARS: Court reschedules protester’s suit against Nigerian police, Lagos governor
Pattern of repression
Each year since the 2020 protest, the Nigerian state has responded to commemorative gatherings with force and intimidation. In 2021, police officers disrupted a peaceful car procession at the Lekki Tollgate, fired teargas at demonstrators, and arrested several protesters, including popular celebrities such as Mr Macaroni and Falz.
The following year, in 2022, security operatives again arrested protesters and journalists during peaceful gatherings held to mark the anniversary.
By 2023, the government had shifted tactics to more covert repression: protesters in Lagos and Abuja were subjected to surveillance, intimidation, and profiling by security agents, with some individuals briefly detained.
Human rights groups report that many organisers still face harassment, frozen bank accounts, and legal persecution.
In 2023, Amnesty International said at least 15 young Nigerians arrested in 2020 remained in detention without trial at Ikoyi and Kirikiri correctional facilities.
Although the police deny detaining anyone over #EndSARS protests, activists like former Senator Shehu Sani insist otherwise.
Mr Soweto stated that the Federal High Court judgement is a pivotal moment in Nigeria’s ongoing fight for civil liberties.
“It’s not just about the money,” Mr Soweto said. “This is about defending democracy itself.”
