04.05.2015 Views

nigeria1213_ForUpload

nigeria1213_ForUpload

nigeria1213_ForUpload

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

He added that “we have been able to overcome those challenges” and the quality of the evidence<br />

collected at arrests in Plateau State has improved. 481<br />

Suspects Charged to Court Without Evidence<br />

Judges and prosecutors observed that after the security services arrest people, the police will<br />

often simply gather all the detainees together, and charge them, en masse, before a magistrate’s<br />

court. A chief magistrate in Kaduna, who has presided over some of these cases, described the<br />

quality of evidence in these cases as “substantially bad.” Following the April 2011 violence in<br />

Kaduna, he said he reviewed all the cases brought before his court:<br />

Nobody was specifically mentioned in any of the FIRs [first information reports] as<br />

saying, so, so person did so, so thing at so, so place. None. They just said they were<br />

arrested at various places in Kaduna and environs committing [a list of] offenses. 482<br />

Similarly, a High Court judge in Kaduna described the state of the case files that were brought<br />

before his court:<br />

There was no mention of the person killed, where they were killed, or who actually<br />

killed them, but [the police] lumped about 50 people in one FIR and said they killed<br />

people, without mentioning the people [killed] and without mentioning where the<br />

person was killed…. The FIRs did not disclose the commission of an offense. It was<br />

just an allegation to enable [the police] to hold the person.<br />

The High Court judge recalled that because the police failed to allege any basic facts of a crime, “I<br />

granted bail for all of them.” 483 The chief magistrate added that the police made no progress on the<br />

cases assigned to his court, and after repeated delays he also granted bail to all of the suspects:<br />

After some adjournments it became apparent that the police were simply asking for<br />

adjournment upon adjournment in the name of investigation. When I asked them to<br />

bring the case diaries for me to see the level of investigation, they refused to bring<br />

them; [when I asked them to] send the case diary to the state Ministry of Justice for<br />

481 Human Rights Watch interview with Ibrahim Umar, assistant commissioner of police in charge of State CID, Plateau State, Jos, March<br />

12, 2012.<br />

482 Human Rights Watch interview with a chief magistrate in Kaduna, Kaduna, November 10, 2011.<br />

483 Human Rights Watch interview with a High Court judge, Kaduna, November 2011.<br />

“LEAVE EVERYTHING TO GOD” 126

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!