The Lagos State Government have acknowledged that they have bodies of 103 people killed during the EndSARS protest on 20.10.20. This fact provides an avenue to pursue legal accountability for the deaths. It is possible to achieve justice for the victims under the jurisdiction of the courts of other countries.

Any international company that caused harm to a person in Nigeria could potentially be sued in tort in their own country of origin. Any European company that caused harm in Nigeria could be sued in their relevant capital for the harm caused. Tort means a wrongful act, intentional or unintentional, which resulted in injury or harm. The principle is that one person’s unintentional action, which caused injury or harm to another, could create the basis for compensation.

As I understand it, markings on bullet casings found at the Lekki Toll Gate on 20.10.20 revealed that the bullets were manufactured in the Czech Republic. The Czech company did not sell the bullets to Nigeria to use to kill innocent people who were exercising their right to protest peacefully. The Czech company knew, or ought to have known, from Nigeria’s track record that their bullets could indeed be used for unintended purposes (ie principle of foreseeability). The Czech company sold the bullets to Nigeria regardless, and is therefore liable to be sued for compensation in Prague. The coincidence between bullets and deaths is enough to seek damages in the Czech courts. The Czech Civil Code (NCC) s2904 provides for liability for such coincidence.

The first step is to identify a Nigerian living in the Czech Republic who would be willing to litigate this matter. He could claim compensation for psychological injury arising out of hearing the news of the EndSARS killings. Alternatively, a Civil Rights Organisation in the Czech Republic could be approached to take up the matter on behalf of the dead and injured.

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