{"id":73440,"date":"2020-05-13T19:49:47","date_gmt":"2020-05-13T18:49:47","guid":{"rendered":"http:\/\/pointblanknews.com\/pbn\/?p=73440"},"modified":"2020-05-13T19:49:47","modified_gmt":"2020-05-13T18:49:47","slug":"covid-19-why-extrajudicial-killings-by-police-are-happening-by-huriwa","status":"publish","type":"post","link":"https:\/\/pointblanknews.com\/pbn\/other-news\/covid-19-why-extrajudicial-killings-by-police-are-happening-by-huriwa\/","title":{"rendered":"COVID-19: WHY EXTRAJUDICIAL KILLINGS BY POLICE ARE HAPPENING: BY HURIWA:"},"content":{"rendered":"
\n
<\/div>\n
\n
\nWorried that so far the armed security forces have killed about three
\ndozen Nigerians for violating the lockdown measures put in place by
\nPresident Muhammadu Buhari and the governors of the 36 states of the
\nFederation in the last two months,\u00a0 the Prominent Civil Rights Advocacy
\ngroup-:\u00a0 HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA (HURIWA) has blamed
\ngovernment’s tolerance for lawlessness and impunity as the fundamental
\ncause of the killings.<\/p>\n

HURIWA stated that the current administration headed by President
\nMuhammadu Buhari has in the last five years done nothing by way of law
\nenforcement to severely punish rogue members of the armed security
\nforces responsible for some of the worst cases of extra-legal executions
\nof over 1,000 innocent Nigerians just as the Rights group said there is
\norganised cover ups by the security forces not to publicly subject these
\ntrigger happy cops and operatives of the armed security forces to
\nundergo transparent trials before the competent courts of law. “Many
\nINNOCENT civilians have lost their lives due to extrajudicial executions
\nby members of the armed security forces only because these persons went
\nout to the streets of major cities to protest against bad policies of
\ngovernment. A federal government that sends out security forces to kill
\nprotesters and voters at polling centers will not be ready to demand
\naccountability from the hierarchies of the armed security forces for the
\nrising wave of extralegal executions”.<\/p>\n

The Rights group said the snail-speed with which the wheel of justice
\nmoves in Nigeria is also a fundamental issue because many cases of
\nprofessional misconduct by the armed security forces that relate to
\nextrajudicial executions of persons that are managed to be charged
\nbefore some courts of law linger in those judicial institutions for
\nyears thereby foisting a sense of impunity amongst these armed members
\nof the security forces that they can do whatever they want and may walk
\naway from justice.<\/p>\n

HURIWA in the media Statement by the National Coordinator Comrade
\nEmmanuel Onwubiko and the National Media Affairs Director Miss Zainab
\nYusuf said that another salient cause of the continued extra-legal
\nexecutions of Nigerians is the deliberate weakening and politicization
\nof such critical institutions like the National Human Rights commission
\nand the Office of the Federal Attorney General and minister of justice
\nwhich render these strategic offices useless in stamping out these
\ncrimes against humanity that extrajudicial executions of persons by the
\nmembers of the security forces constitutes.<\/p>\n

“Nigeria’s Federal Attorney General and minister of justice is more
\nconcerned with playing politics of pursuing political vendetta against
\nthe immediate past Federal government of President Goodluck Jonathan and
\nhas failed to ensure that his enormous constitutional powers are
\ndeployed in the service of national interests by way of prosecution of
\nindicted security forces operatives for these extensive cases of
\nextralegal executions of over 1,000 Nigerians. The National Human Rights
\ncommission has become a shadow of its old self because the management
\nruns the place like a normal civil service outfit to the utter shock and
\ndisappointment of millions of Nigerians who are expecting this
\ncommission to use its enhanced operational and funding powers to
\nprosecute such murderers in security forces’ uniforms. The National
\nHuman Rights commission ought to be led by a constituted board of
\ngovernors who ought to lead the process of investigations and
\nprosecution of such heinous cases and so what we now have is a crying
\nbaby sort of National Human Rights commission that can bark but lacks
\nthe teeth to bite.”<\/p>\n

” These are the underlying reasons for the spike in the killings as is
\nstatistically self evident that Security forces enforcing the lockdown
\nin parts of Nigeria have killed more people than coronavirus itself.
\nEvidence of the killings comes from members of the public who rang their
\nhotline or sent in videos, the National Human Rights Commission (NHRC)
\nstated just as at the last count It says law enforcers have killed 18
\npeople in Nigeria since lockdowns began on 30 March and another 11
\npersons since after the first report of these killings were made known”.<\/p>\n

” HURIWA can corroborate the fact that at least 1,476 people were killed
\nby state actors in the country over the past year as reported by the
\nCouncil on Foreign Relations. In its report about Nigeria’s coronavirus
\nlockdown period, the NHRC, a government agency, said it had found “8
\nseparate incidents of extrajudicial killings leading to 18 deaths”.
\nHowever, we demand that President Muhammadu Buhari set up the governing
\ncouncil of the National Human Rights commission”.<\/p>\n

HURIWA cited a plethora of Sections of the Constitution that must be
\ncomplied with by government to stave off widespread extrajudicial
\nkillings just the Rights group quoted Section 33 of the federal
\nconstitution 1999 as amended to have states: “(1) Every person has a
\nright to life, and no one shall be deprived intentionally of his life,
\nsave in execution of the sentence of a court in respect of a criminal
\noffence of which he has been found guilty in Nigeria. (2) A person shall
\nnot be regarded as having been deprived of his life in contravention of
\nthis section, if he dies as a result of the use, to such extent and in
\nsuch circumstances as are permitted by law, of such force as is
\nreasonably necessary – (a) for the defence of any person from unlawful
\nviolence or for the defence of property: (b) in order to effect a lawful
\narrest or to prevent the escape of a person lawfully detained; or (c)
\nfor the purpose of suppressing a riot, insurrection or mutiny.”<\/p>\n

HURIWA cited Section 36 which states: “(1) In the determination of his
\ncivil rights and obligations, including any question or determination by
\nor against any government or authority, a person shall be entitled to a
\nfair hearing within a reasonable time by a court or other tribunal
\nestablished by law and constituted in such manner as to secure its
\nindependence and impartiality. (2) Without prejudice to the foregoing
\nprovisions of this section, a law shall not be invalidated by reason
\nonly that it confers on any government or authority power to determine
\nquestions arising in the administration of a law that affects or may
\naffect the civil rights and obligations of any person if such law – (a)
\nprovides for an opportunity for the persons whose rights and obligations
\nmay be affected to make representations to the administering authority
\nbefore that authority makes the decision affecting that person; and (b)
\ncontains no provision making the determination of the administering
\nauthority final and conclusive. (3) The proceedings of a court or the
\nproceedings of any tribunal relating to the matters mentioned in
\nsubsection (1) of this section (including the announcement of the
\ndecisions of the court or tribunal) shall be held in public. (4)
\nWhenever any person is charged with a criminal offence, he shall, unless
\nthe charge is withdrawn, be entitled to a fair hearing in public within
\na reasonable time by a court or tribunal: Provided that – (a) a court or
\nsuch a tribunal may exclude from its proceedings persons other than the
\nparties thereto or their legal practitioners in the interest of defence,
\npublic safety, public order, public morality, the welfare of persons who
\nhave not attained the age of eighteen years, the protection of the
\nprivate lives of the parties or to such extent as it may consider
\nnecessary by reason of special circumstances in which publicity would be
\ncontrary to the interests of justice; (b) if in any proceedings before a
\ncourt or such a tribunal, a Minister of the Government of the Federation
\nor a commissioner of the government of a State satisfies the court or
\ntribunal that it would not be in the public interest for any matter to
\nbe publicly disclosed, the court or tribunal shall make arrangements for
\nevidence relating to that matter to be heard in private and shall take
\nsuch other action as may be necessary or expedient to prevent the
\ndisclosure of the matter. (5) Every person who is charged with a
\ncriminal offence shall be presumed to be innocent until he is proved
\nguilty; Provided that nothing in this section shall invalidate any law
\nby reason only that the law imposes upon any such person the burden of
\nproving particular facts. (6) Every person who is charged with a
\ncriminal offence shall be entitled to – (a) be informed promptly in the
\nlanguage that he understands and in detail of the nature of the offence;
\n(b) be given adequate time and facilities for the preparation of his
\ndefence; (c) defend himself in person or by legal practitioners of his
\nown choice; (d) examine, in person or by his legal practitioners, the
\nwitnesses called by the prosecution before any court or tribunal and
\nobtain the attendance and carry out the examination of witnesses to
\ntestify on his behalf before the court or tribunal on the same
\nconditions as those applying to the witnesses called by the prosecution;
\nand (e) have, without payment, the assistance of an interpreter if he
\ncannot understand the language used at the trial of the offence. (7)
\nWhen any person is tried for any criminal offence, the court or tribunal
\nshall keep a record of the proceedings and the accused person or any
\npersons authorised by him in that behalf shall be entitled to obtain
\ncopies of the judgement in the case within seven days of the conclusion
\nof the case. (8) No person shall be held to be guilty of a criminal
\noffence on account of any act or omission that did not, at the time it
\ntook place, constitute such an offence, and no penalty shall be imposed
\nfor any criminal offence heavier than the penalty in force at the time
\nthe offence was committed. (9) No person who shows that he has been
\ntried by any court of competent jurisdiction or tribunal for a criminal
\noffence and either convicted or acquitted shall again be tried for that
\noffence or for a criminal offence having the same ingredients as that
\noffence save upon the order of a superior court. (10) No person who
\nshows that he has been pardoned for a criminal offence shall again be
\ntried for that offence. (11) No person who is tried for a criminal
\noffence shall be compelled to give evidence at the trial. (12) Subject
\nas otherwise provided by this Constitution, a person shall not be
\nconvicted of a criminal offence unless that offence is defined and the
\npenalty therefor is prescribed in a written law, and in this subsection,
\na written law refers to an Act of the National Assembly or a Law of a
\nState, any subsidiary legislation or instrument under the provisions of
\na law.”
\nSection 34 states: “(1) Every individual is entitled to respect for the
\ndignity of his person, and accordingly – (a) no person shall be subject
\nto torture or to inhuman or degrading treatment; (b) no person shall he
\nheld in slavery or servitude; and (c) no person shall be required to
\nperform forced of compulsory labour. (2) for the purposes of subsection
\n(1) (c) of this section, “forced or compulsory labour” does not include
\n– (a) any labour required in consequence of the sentence or order of a
\ncourt; (b) any labour required of members of the armed forces of the
\nFederation or the Nigeria Police Force in pursuance of their duties as
\nsuch; (c) in the case of persons who have conscientious objections to
\nservice in the armed forces of the Federation, any labour required
\ninstead of such service; (d) any labour required which is reasonably
\nnecessary in the event of any emergency or calamity threatening the life
\nor well-being of the community; or (e) any labour or service that forms
\npart of – (i) normal communal or other civic obligations of the
\nwell-being of the community. (ii) such compulsory national service in
\nthe armed forces of the Federation as may be prescribed by an Act of the
\nNational Assembly, or (iii) such compulsory national service which forms
\npart of the education and training of citizens of Nigeria as may be
\nprescribed by an Act of the National Assembly.”<\/p>\n

In the thinking of the Rights group, only the competent courts of law
\nhave the judicial powers of the Federation to apportion sanctions for
\noffenders just as HURIWA condemned these large-scale extrajudicial
\nkillings because Section 6 of the Nigerian constitution states: “(1) The
\njudicial powers of the Federation shall be vested in the courts to which
\nthis section relates, being courts established for the Federation. (2)
\nThe judicial powers of a State shall be vested in the courts to which
\nthis section relates, being courts established, subject as provided by
\nthis Constitution, for a State. (3) The courts to which this section
\nrelates, established by this Constitution for the Federation and for the
\nStates, specified in subsection (5) (a) to (1) of this section, shall be
\nthe only superior courts of record in Nigeria; and save as otherwise
\nprescribed by the National Assembly or by the House of Assembly of a
\nState, each court shall have all the powers of a superior court of
\nrecord. (4) Nothing in the foregoing provisions of this section shall be
\nconstrued as precluding:- (a) the National Assembly or any House of
\nAssembly from establishing courts, other than those to which this
\nsection relates, with subordinate jurisdiction to that of a High Court;
\n(b) the National Assembly or any House of Assembly, which does not
\nrequire it, from abolishing any court which it has power to establish or
\nwhich it has brought into being. (5) This section relates to:- (a) the
\nSupreme Court of Nigeria; (b) the Court of Appeal; (c) the Federal High
\nCourt; (d) the High Court of the Federal Capital Territory, Abuja; (e) a
\nHigh Court of a State (f) the Sharia Court of Appeal of the Federal
\nCapital Territory, Abuja; (g) a Sharia Court of Appeal of a State; (h)
\nthe Customary Court of Appeal of the Federal Capital Territory, Abuja;
\n(i) a Customary Court of Appeal of a State; (j) such other courts as may
\nbe authorised by law to exercise jurisdiction on matters with respect to
\nwhich the National Assembly may make laws; and (k) such other court as
\nmay be authorised by law to exercise jurisdiction at first instance or
\non appeal on matters with respect to which a House of Assembly may make
\nlaws. (6) The judicial powers vested in accordance with the foregoing
\nprovisions of this section – (a) shall extend, notwithstanding anything
\nto the contrary in this constitution, to all inherent powers and
\nsanctions of a court of law (b) shall extend, to all matters between
\npersons, or between government or authority and to any persons in
\nNigeria, and to all actions and proceedings relating thereto, for the
\ndetermination of any question as to the civil rights and obligations of
\nthat person; (c) shall not except as otherwise provided by this
\nConstitution, extend to any issue or question as to whether any act of
\nomission by any authority or person or as to whether any law or any
\njudicial decision is in conformity with the Fundamental Objectives and
\nDirective Principles of State Policy set out in Chapter II of this
\nConstitution; (d) shall not, as from the date when this section comes
\ninto force, extend to any action or proceedings relating to any existing
\nlaw made on or after 15th January, 1966 for determining any issue or
\nquestion as to the competence of any authority or person to make any
\nsuch law.”<\/p><\/div>\n<\/div>\n

<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

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