dozen Nigerians for violating the lockdown measures put in place by
President Muhammadu Buhari and the governors of the 36 states of the
Federation in the last two months, the Prominent Civil Rights Advocacy
group-: HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA (HURIWA) has blamed
government’s tolerance for lawlessness and impunity as the fundamental
cause of the killings.
HURIWA stated that the current administration headed by President
Muhammadu Buhari has in the last five years done nothing by way of law
enforcement to severely punish rogue members of the armed security
forces responsible for some of the worst cases of extra-legal executions
of over 1,000 innocent Nigerians just as the Rights group said there is
organised cover ups by the security forces not to publicly subject these
trigger happy cops and operatives of the armed security forces to
undergo transparent trials before the competent courts of law. “Many
INNOCENT civilians have lost their lives due to extrajudicial executions
by members of the armed security forces only because these persons went
out to the streets of major cities to protest against bad policies of
government. A federal government that sends out security forces to kill
protesters and voters at polling centers will not be ready to demand
accountability from the hierarchies of the armed security forces for the
rising wave of extralegal executions”.
The Rights group said the snail-speed with which the wheel of justice
moves in Nigeria is also a fundamental issue because many cases of
professional misconduct by the armed security forces that relate to
extrajudicial executions of persons that are managed to be charged
before some courts of law linger in those judicial institutions for
years thereby foisting a sense of impunity amongst these armed members
of the security forces that they can do whatever they want and may walk
away from justice.
HURIWA in the media Statement by the National Coordinator Comrade
Emmanuel Onwubiko and the National Media Affairs Director Miss Zainab
Yusuf said that another salient cause of the continued extra-legal
executions of Nigerians is the deliberate weakening and politicization
of such critical institutions like the National Human Rights commission
and the Office of the Federal Attorney General and minister of justice
which render these strategic offices useless in stamping out these
crimes against humanity that extrajudicial executions of persons by the
members of the security forces constitutes.
“Nigeria’s Federal Attorney General and minister of justice is more
concerned with playing politics of pursuing political vendetta against
the immediate past Federal government of President Goodluck Jonathan and
has failed to ensure that his enormous constitutional powers are
deployed in the service of national interests by way of prosecution of
indicted security forces operatives for these extensive cases of
extralegal executions of over 1,000 Nigerians. The National Human Rights
commission has become a shadow of its old self because the management
runs the place like a normal civil service outfit to the utter shock and
disappointment of millions of Nigerians who are expecting this
commission to use its enhanced operational and funding powers to
prosecute such murderers in security forces’ uniforms. The National
Human Rights commission ought to be led by a constituted board of
governors who ought to lead the process of investigations and
prosecution of such heinous cases and so what we now have is a crying
baby sort of National Human Rights commission that can bark but lacks
the teeth to bite.”
” These are the underlying reasons for the spike in the killings as is
statistically self evident that Security forces enforcing the lockdown
in parts of Nigeria have killed more people than coronavirus itself.
Evidence of the killings comes from members of the public who rang their
hotline or sent in videos, the National Human Rights Commission (NHRC)
stated just as at the last count It says law enforcers have killed 18
people in Nigeria since lockdowns began on 30 March and another 11
persons since after the first report of these killings were made known”.
” HURIWA can corroborate the fact that at least 1,476 people were killed
by state actors in the country over the past year as reported by the
Council on Foreign Relations. In its report about Nigeria’s coronavirus
lockdown period, the NHRC, a government agency, said it had found “8
separate incidents of extrajudicial killings leading to 18 deaths”.
However, we demand that President Muhammadu Buhari set up the governing
council of the National Human Rights commission”.
HURIWA cited a plethora of Sections of the Constitution that must be
complied with by government to stave off widespread extrajudicial
killings just the Rights group quoted Section 33 of the federal
constitution 1999 as amended to have states: “(1) Every person has a
right to life, and no one shall be deprived intentionally of his life,
save in execution of the sentence of a court in respect of a criminal
offence of which he has been found guilty in Nigeria. (2) A person shall
not be regarded as having been deprived of his life in contravention of
this section, if he dies as a result of the use, to such extent and in
such circumstances as are permitted by law, of such force as is
reasonably necessary – (a) for the defence of any person from unlawful
violence or for the defence of property: (b) in order to effect a lawful
arrest or to prevent the escape of a person lawfully detained; or (c)
for the purpose of suppressing a riot, insurrection or mutiny.”
HURIWA cited Section 36 which states: “(1) In the determination of his
civil rights and obligations, including any question or determination by
or against any government or authority, a person shall be entitled to a
fair hearing within a reasonable time by a court or other tribunal
established by law and constituted in such manner as to secure its
independence and impartiality. (2) Without prejudice to the foregoing
provisions of this section, a law shall not be invalidated by reason
only that it confers on any government or authority power to determine
questions arising in the administration of a law that affects or may
affect the civil rights and obligations of any person if such law – (a)
provides for an opportunity for the persons whose rights and obligations
may be affected to make representations to the administering authority
before that authority makes the decision affecting that person; and (b)
contains no provision making the determination of the administering
authority final and conclusive. (3) The proceedings of a court or the
proceedings of any tribunal relating to the matters mentioned in
subsection (1) of this section (including the announcement of the
decisions of the court or tribunal) shall be held in public. (4)
Whenever any person is charged with a criminal offence, he shall, unless
the charge is withdrawn, be entitled to a fair hearing in public within
a reasonable time by a court or tribunal: Provided that – (a) a court or
such a tribunal may exclude from its proceedings persons other than the
parties thereto or their legal practitioners in the interest of defence,
public safety, public order, public morality, the welfare of persons who
have not attained the age of eighteen years, the protection of the
private lives of the parties or to such extent as it may consider
necessary by reason of special circumstances in which publicity would be
contrary to the interests of justice; (b) if in any proceedings before a
court or such a tribunal, a Minister of the Government of the Federation
or a commissioner of the government of a State satisfies the court or
tribunal that it would not be in the public interest for any matter to
be publicly disclosed, the court or tribunal shall make arrangements for
evidence relating to that matter to be heard in private and shall take
such other action as may be necessary or expedient to prevent the
disclosure of the matter. (5) Every person who is charged with a
criminal offence shall be presumed to be innocent until he is proved
guilty; Provided that nothing in this section shall invalidate any law
by reason only that the law imposes upon any such person the burden of
proving particular facts. (6) Every person who is charged with a
criminal offence shall be entitled to – (a) be informed promptly in the
language that he understands and in detail of the nature of the offence;
(b) be given adequate time and facilities for the preparation of his
defence; (c) defend himself in person or by legal practitioners of his
own choice; (d) examine, in person or by his legal practitioners, the
witnesses called by the prosecution before any court or tribunal and
obtain the attendance and carry out the examination of witnesses to
testify on his behalf before the court or tribunal on the same
conditions as those applying to the witnesses called by the prosecution;
and (e) have, without payment, the assistance of an interpreter if he
cannot understand the language used at the trial of the offence. (7)
When any person is tried for any criminal offence, the court or tribunal
shall keep a record of the proceedings and the accused person or any
persons authorised by him in that behalf shall be entitled to obtain
copies of the judgement in the case within seven days of the conclusion
of the case. (8) No person shall be held to be guilty of a criminal
offence on account of any act or omission that did not, at the time it
took place, constitute such an offence, and no penalty shall be imposed
for any criminal offence heavier than the penalty in force at the time
the offence was committed. (9) No person who shows that he has been
tried by any court of competent jurisdiction or tribunal for a criminal
offence and either convicted or acquitted shall again be tried for that
offence or for a criminal offence having the same ingredients as that
offence save upon the order of a superior court. (10) No person who
shows that he has been pardoned for a criminal offence shall again be
tried for that offence. (11) No person who is tried for a criminal
offence shall be compelled to give evidence at the trial. (12) Subject
as otherwise provided by this Constitution, a person shall not be
convicted of a criminal offence unless that offence is defined and the
penalty therefor is prescribed in a written law, and in this subsection,
a written law refers to an Act of the National Assembly or a Law of a
State, any subsidiary legislation or instrument under the provisions of
a law.”
Section 34 states: “(1) Every individual is entitled to respect for the
dignity of his person, and accordingly – (a) no person shall be subject
to torture or to inhuman or degrading treatment; (b) no person shall he
held in slavery or servitude; and (c) no person shall be required to
perform forced of compulsory labour. (2) for the purposes of subsection
(1) (c) of this section, “forced or compulsory labour” does not include
– (a) any labour required in consequence of the sentence or order of a
court; (b) any labour required of members of the armed forces of the
Federation or the Nigeria Police Force in pursuance of their duties as
such; (c) in the case of persons who have conscientious objections to
service in the armed forces of the Federation, any labour required
instead of such service; (d) any labour required which is reasonably
necessary in the event of any emergency or calamity threatening the life
or well-being of the community; or (e) any labour or service that forms
part of – (i) normal communal or other civic obligations of the
well-being of the community. (ii) such compulsory national service in
the armed forces of the Federation as may be prescribed by an Act of the
National Assembly, or (iii) such compulsory national service which forms
part of the education and training of citizens of Nigeria as may be
prescribed by an Act of the National Assembly.”
In the thinking of the Rights group, only the competent courts of law
have the judicial powers of the Federation to apportion sanctions for
offenders just as HURIWA condemned these large-scale extrajudicial
killings because Section 6 of the Nigerian constitution states: “(1) The
judicial powers of the Federation shall be vested in the courts to which
this section relates, being courts established for the Federation. (2)
The judicial powers of a State shall be vested in the courts to which
this section relates, being courts established, subject as provided by
this Constitution, for a State. (3) The courts to which this section
relates, established by this Constitution for the Federation and for the
States, specified in subsection (5) (a) to (1) of this section, shall be
the only superior courts of record in Nigeria; and save as otherwise
prescribed by the National Assembly or by the House of Assembly of a
State, each court shall have all the powers of a superior court of
record. (4) Nothing in the foregoing provisions of this section shall be
construed as precluding:- (a) the National Assembly or any House of
Assembly from establishing courts, other than those to which this
section relates, with subordinate jurisdiction to that of a High Court;
(b) the National Assembly or any House of Assembly, which does not
require it, from abolishing any court which it has power to establish or
which it has brought into being. (5) This section relates to:- (a) the
Supreme Court of Nigeria; (b) the Court of Appeal; (c) the Federal High
Court; (d) the High Court of the Federal Capital Territory, Abuja; (e) a
High Court of a State (f) the Sharia Court of Appeal of the Federal
Capital Territory, Abuja; (g) a Sharia Court of Appeal of a State; (h)
the Customary Court of Appeal of the Federal Capital Territory, Abuja;
(i) a Customary Court of Appeal of a State; (j) such other courts as may
be authorised by law to exercise jurisdiction on matters with respect to
which the National Assembly may make laws; and (k) such other court as
may be authorised by law to exercise jurisdiction at first instance or
on appeal on matters with respect to which a House of Assembly may make
laws. (6) The judicial powers vested in accordance with the foregoing
provisions of this section – (a) shall extend, notwithstanding anything
to the contrary in this constitution, to all inherent powers and
sanctions of a court of law (b) shall extend, to all matters between
persons, or between government or authority and to any persons in
Nigeria, and to all actions and proceedings relating thereto, for the
determination of any question as to the civil rights and obligations of
that person; (c) shall not except as otherwise provided by this
Constitution, extend to any issue or question as to whether any act of
omission by any authority or person or as to whether any law or any
judicial decision is in conformity with the Fundamental Objectives and
Directive Principles of State Policy set out in Chapter II of this
Constitution; (d) shall not, as from the date when this section comes
into force, extend to any action or proceedings relating to any existing
law made on or after 15th January, 1966 for determining any issue or
question as to the competence of any authority or person to make any
such law.”