SPA Ajibade & Co. Wins Landmark Decision on Gender Discrimination and Infringement of Human Rights

SPA Ajibade & Co., Wins Landmark Decision on Gender Discrimination and Infringement of Human Rights at the ECOWAS Court

We are pleased to announce that S. P. A. Ajibade & Co., in collaboration with Alliances for Africa, the Institute for Human Rights and Development in Africa (IHRDA), the Nigerian Women Trust Fund and with funding from Open Society Initiative for West Africa (OSIWA) acted as representatives to the Plaintiffs in the case of Dorothy Chioma Njemanze & 3 Ors. v. Federal Republic of Nigeria – ECW/CCJ/APP/17/14, wherein the Community Court of Justice of the Economic Community of West African States (the Court) recently gave a landmark decision on gender based violence.

The facts of the case centered on the arrest, illegal detention, violent, cruel, inhuman, degrading and discriminatory treatment meted out to the Plaintiffs on different occasions by the law enforcement agents of the Abuja Environmental Protection Board (AEPB), the Nigerian Military, and the Nigerian Police.

In its Judgment, the Court held inter alia, that the failure on the part of the Nigerian Government to recognise, promote and protect the rights of the Plaintiffs and the failure to take measures to give effect to the rights of the Plaintiffs constitute multiple violations of Articles 1, 2, 3, 5 and 18(3) of the African Charter on the Human and Peoples’ Rights, Articles 2, 3, 4(1) & (2), 5, 8 and 25 of the Protocol on the African Charter on Human and Peoples’ Rights on Rights of Women in Africa (Maputo Protocol), Articles 2, 3, 5(a) and 15(1) of Convention on Elimination of all Forms of Discrimination Against Women (CEDAW), Articles 2(1) & (3), 3, 7, 26 of International Convention on Civil and Political Rights (ICCPR); Articles 10, 11, 12, 13 and 16(1) of the Convention Against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment (CAT); and Articles 1, 2, 5, 7 and 8 of the Universal Declaration of Human Rights (UDHR).

Furthermore, the Court held that the treatment which the Plaintiffs received at the hands of agents of the AEPB, the Nigerian Police and the Nigeria Military constitute gender based discriminatory treatment contrary to Articles 2, 3 and 18(3) of the African Charter on Human and Peoples’ Rights, Articles 2 and 8 of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa of Articles 2, 3 and 15(1) of the Convention on the Elimination of All Forms of Discrimination Against Women, Articles 2(1), 3 and 26 of the International Covenant on Civil and Political Rights and Articles 2 and 7 of the Universal Declaration of Human Rights.

The Court also held that the branding of the Plaintiffs as “prostitutes” violates the rights and dignity of the Plaintiffs and amounts to gender discrimination. The mere fact that a woman is out at night is not proof that she is a prostitute and there is no rule that restricts the time a woman should go out. The Court was of the view that the totality of the conduct of the law enforcement agents of the AEPB, the Nigerian Military, and the Nigerian Police clearly showed that the operations were targeted solely at women.

The Court further held that the treatment meted out to the Plaintiffs by the law enforcement agents constitutes cruel, inhuman, degrading, and discriminatory treatment; and that the failure and/or refusal of the Government to investigate, discipline and prosecute the persons responsible for the violations of the Plaintiffs’ Rights, is a violation of the Government’s assumed obligations under international law.

The sum of Six Million Naira (N6, 000,000) each was awarded to the 1st, 3rd and 4th Plaintiffs as damages. However, the claim of the 2nd Plaintiff was held to be statute barred by the Court and dismissed. Notably, this is the first ever pronouncement of a Regional Court in Africa, on women’s human rights relying on the Protocol on the African Charter on Human and Peoples’ Rights on Rights of Women in Africa (Maputo Protocol).

We are optimistic that this decision will encourage the Nigerian government to take more steps in protecting the rights of women, review all laws and policies that promote gender based violence and discrimination of the rights of women and re-orientate institutions that were established for the protection of all persons, to ensure the realisation of their mandates. S. P. A. Ajibade & Co., lauds the work of Alliances for Africa, the Institute for Human Rights and Development in Africa, the Nigerian Women Trust Fund and the Open Society Initiative for West Africa.