Human rights lawyer Femi Falana, SAN, has accused the Federal Government of abandoning its constitutional and moral responsibility to protect Nigerians from widespread killings, insecurity, and recurring mass atrocities.
Falana made the remarks on November 13, 2025, while delivering the keynote address at the Law Week of the University of Abuja chapter of the Law Students Association.
According to him, Nigeria now stands “at a crossroads of tragedy and impunity,” where terrorists, bandits, and other violent groups continue to kill, abduct, and terrorise citizens because government agencies fail to act on intelligence, prevent attacks, or prosecute offenders.
Falana compared the scale of killings in Nigeria to the mass shootings in the United States, noting that over 250,000 people had died in such incidents between 2020 and 2025. While mass shootings in the U.S. are often linked to gun culture and defended by groups such as the National Rifle Association, he said suspects are at least arrested and prosecuted—unlike in Nigeria, where many killers “roam freely, uninvestigated and unpunished.”
He also criticised U.S. President Donald Trump’s threat to intervene militarily in Nigeria over alleged “Christian genocide,” describing it as ironic given America’s own struggles with mass killings.
‘Government Has Abdicated Its Constitutional Duty’
Falana cited Sections 14(2)(b) and 33(1) of the 1999 Constitution, which place the protection of life and welfare at the centre of government responsibility. He emphasised that these obligations are binding.
He also referenced Article 4 of the African Charter on Human and Peoples’ Rights, which guarantees the sanctity of human life and mandates states to prevent foreseeable harm.
Falana argued that the federal government violates these obligations by ignoring known security threats, failing to protect vulnerable communities, and not investigating or prosecuting killers. Every preventable death, he said, “reflects state negligence.”
He linked Nigeria’s security problems to deeper structural and economic failures, accusing the Tinubu administration of adopting neoliberal policies that worsen poverty and inequality. Such socio-economic alienation, he said, is incompatible with national security.
On Grazing Bans, Smuggling, and Double Standards
Falana faulted the government’s handling of herder–farmer conflicts, saying the refusal to enforce open grazing bans continues to fuel rural killings. He recommended temporarily transporting cattle by trailers until ranches are fully developed.
He also criticised the federal authorities for failing to stop massive gold smuggling through private jets, despite acknowledging the scale of losses. Allowing powerful individuals to escape accountability, he said, emboldens criminal networks.
ECOWAS Court Judgments Show Nigeria’s Liability — Falana
Falana cited several ECOWAS Court of Justice rulings that have held Nigeria and other West African states liable for preventable deaths caused by government inaction. These include:
- Modupe Dorcas Afolalu v. Nigeria (2012): Nigeria found negligent for failing to prevent post-election violence; N10 million awarded.
- Danladi Angulu Kwasu v. Nigeria (2017): Court ruled Nigeria violated the right to life after an NDA cadet drowned due to poor safety measures; USD 75,000 awarded.
- Obioma Ogukwe v. Ghana (2016): Ghana held liable for the drowning of a Nigerian student during an excursion; USD 250,000 awarded.
- Estate of Mbakpenu Zamber v. Nigeria (2019): Nigeria found liable for failing to protect Benue communities attacked in 2018.
- Fr. Solomon Mfa & 12 Others v. Nigeria (2019): Government held responsible for killings and destruction in Agatu.
- Onwuham & Ors v. Nigeria & Anor (2018): Court awarded over N150 million in damages for unlawful demolition and ordered investigations into a missing resident.
Falana noted that except for the Afolalu case, Nigeria has not complied with these judgments. The rulings, he said, make clear that government failure to prevent killings or prosecute perpetrators amounts to complicity.
He warned that Nigeria’s continued inability to protect communities violates Article 4 of the African Charter and exposes the country to international liability for mass human rights abuses.
Weak, Fragmented Security and Justice Systems
Falana concluded that Nigeria’s security and justice institutions have become weak and uncoordinated, with federal and state governments often working at cross purposes. Although state attorneys-general were empowered in 2016 to prosecute terrorism cases, many ignore their duties, allowing suspects to return to society through corruption.
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