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The Federal High Court of Abuja in Nigeria on
Friday struck out the Department of State Services (DSS) application to quash
the decision of the National Human Rights Commission (NHRC) in what is popularly
known as the “Apo killings case” where operatives of the DSS aka SSS in 2013 stormed a
building in Abuja, extra judicially killed no less than 7 keke (tricycle) riders who were
squatting there and then alleged that they were Boko Haram insurgents.
The NHRC in April 2014 based on a complaint filed by Global Rights declared
that Nigeria was in a state of non- international armed conflict (NIAC) with the
Boko Haram insurgents and demanded for a revision of the rules of engagement
for the use of lethal force by security services and armed forces to comply
with international humanitarian law and awarded monetary compensation to 19
individuals affected in the incident..
The decision of the NHRC was the first under the authority granted it in 2010.
Section 22 of the NHRC Act of 2010 (an amendment of its 1995 Act) empowers the NHRC’s award or recommendation to be binding and enforceable by the High Court or Federal High Court. The 2010 Act also states that the decisions of the NHRC are to be recognized and enforced as the decision of the High Court.
Section 22 of the NHRC Act of 2010 (an amendment of its 1995 Act) empowers the NHRC’s award or recommendation to be binding and enforceable by the High Court or Federal High Court. The 2010 Act also states that the decisions of the NHRC are to be recognized and enforced as the decision of the High Court.
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