SERAP Drags Buhari to ECOWAS Court over Failure to Rescue Kaduna-bound Train Attack Victims

Udora Orizu in Abuja

The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the government of President Muhammadu Buhari over the failure to protect the rights to life, security, and dignity of the victims of the Abuja-Kaduna train attack as well as the failure to secure the safe release of those held captive by the terrorists.

Terrorists had on March 28 attacked the AK9 Abuja–Kaduna train, killing at least nine persons, wounding several others, and abducting an unknown number of passengers.
The victims have remained with the terrorists for a month, despite repeated appeals for the government to free them from captivity.

In fact, the picture of a new born baby girl delivered in the terrorists’ den was released by the abductors last Wednesday, which had sparked outrage among concerned Nigerians.

The suit by SERAP followed reports that the Federal Executive Council (FEC) failed to approve funds for surveillance equipment that could have helped to prevent the train attack.

In the suit No ECW/CCJ/APP/20/22 filed last week before the ECOWAS Court of Justice in Abuja, SERAP sought a declaration that the train attack, abductions and killings of passengers by terrorists amount to a failure by the government to protect Nigerians, and to prevent these grave human rights violations.

SERAP also sought an order directing the Buhari government to protect, promote, and fulfil the human rights of Nigerians, including travellers across the country, by ensuring adequate security and taking measures to prevent attacks.

In the suit filed together with an application for expedited hearing, SERAP argued that the Buhari government has a legal duty to protect individuals from real and immediate risks to their lives and security caused by actions of third-parties such as terrorists.

The suit filed on behalf of SERAP by its lawyers Kolawole Oluwadare and Opeyemi Owolabi, read in part: “The Buhari government is under a legal obligation to protect the life of every citizen in the country. Remedies logically should be proportionate to the gravity of the harm or violations caused by the government and its agents or by terrorists or unknown perpetrators.

“The officials of the Buhari government have publicly stated that they knew or had information that an attack on the train was imminent but the government failed and/or neglected to take measures to prevent the train attack.

“The government will still be held accountable for failing or neglecting to guarantee and protect human rights regardless of whether such violations are directly or indirectly attributable to the government or its officials.
“The failure of the Buhari government to protect and guarantee the rights to life, security, liberty and dignity of the passengers and victims of the train attack violates the provisions of the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights to which Nigeria is a state party.”

It added: “The Buhari government and the Nigeria Railway Corporation had ignored several warnings in the past to take preventive measures to provide adequate security for the train services, and to suspend late rail services to prevent attack by terrorists and to ensure the security and safety of passengers.”