THE STATE OF HUMAN RIGHTS IN NIGERIA 2005 - UNDP Nigeria ...

CHAPTER ONEEXTRA­JUDICIAL, SUMMARY AND ARBITRARY EXECUTIONS“Every person has a right to life, and no one shall be deprivedIntentionally of his life, save in execution of the sentence of aCourt in respect of a criminal offence of which he has been foundGuilty in Nigeria…’’Section 33, Constitution of the Federal Republic of Nigeria, 1999“Human rights are inviolable. Every human being shall be entitled torespect for his life and the integrity of his person. No one may bearbitrarily deprived of this right”Article 4, African Charter on Human and Peoples’ RightsEvery human being has the inherent right to life. This right shall beprotected by law. No one shall be arbitrarily deprived of his life.”Article 6(1), International Covenant on Civil and Political RightsDespite the protection for the right to life provided for by national, regional and internationalinstruments, cases of extra­judicial, summary and arbitrary executions by the Police and other lawenforcement agencies are still prevalent in Nigeria. The entrenchment of democratic rule since 1999has not significantly reduced this practice. The frequent issuance of ‘shoot­at­sight’ orders bygovernment authorities during or upon apprehension of breakdown of law and order has worsened thesituation. Prolonged years of military dictatorship in Nigeria entrenched a culture of disregard for humanlife, particularly on the part of security and law enforcement agencies. This attitude has largelyremained unchanged, seven years after the advent of democracy.Cases of extra­judicial, summary and arbitrary executions have been persistently recorded across thecountry. The following cases were reported during the period covered by this report.At about 6.00 pm on the 2 nd of March, 2005, Inspector James Iyallo and three other junior officers,Corporals Rufus Shima, Yahaya Dadi and Police Constable (PC) Vincent Achuku were deployedfrom No.13 Police Mobile Force Squadron, Makurdi, Benue State for stop­and­search duties atLow Level Roundabout Wurukum.A commercial bus with registration number, XA 344 plying the North­Bank to Wadata route wasstopped by Police Constable (PC) Vincent Achuku, and without searching the bus, he demanded(money) bribe from the driver, Godwin Anuka. The driver pleaded with PC Achuku to let him continuewith his journey and that he would pay on his return trip. This infuriated PC Achuku and he immediatelycocked his service rifle, shot and killed the driver.The leader of the team, Inspector James Iyallo, quickly withdrew the officers from the duty post back tothe State Police Headquarters, Makurdi where the arms issued to the officers were crosschecked andPC Achuku was found to have expended one shell of ammunition issued to him. Inspector James Iyallomade a complaint and PC Achuku was arrested. Achuku volunteered a statement, admitting theallegation against him. The officers on duty with him also made written statements, as well as the busconductor, Austine Anongu, which indicted the suspect (PC Achuku). He was thereafter given an1