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

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The second son of the old man, Shehu Abdulkadir, heard the gunshots, opened his door and saw hisfather lying dead on the ground. He tried to find out what happened and was also shot dead by thepolicemen.This incident was witnessed by two wives of Abdulkadir Azeez, (Maimuna Abdukadir Azeez and AdamaAbdulkadir Azeez), Shehu’s wife (Zainab Shehu Abdulkadir Azeez) and one of the surviving sons,Huudu Abdukardir Azeez. They were interviewed along with the village head of Garun Gurama, MallamSurubi and 15 other eyewitnesses.The Kaduna State Police Command confirmed that officers of the Special AntiRobbery Squad, Abujainvaded the village. They claimed that the officers went to the village to recover arms and ammunitionsand were shot at by the villagers. However, the Deputy Governor of Kaduna State visited the villagewith the Chairman and Deputy Chairman of Lere Local Government Council and assured them thatjustice will be done. Up to the time of this report nothing has been done to bring the perpetrators tojustice.On Friday, September 15, 2006, at about 3.00 p.m., a team of over 200 policemen in eight trucksfrom Delta State Police Command drove to Afiesere Community in Ughelli North LocalGovernment of Delta State. On arrival, they started shooting sporadically.According to media reports 1 villagers including women and children took to their heels to avoid thebullets of the rampaging policemen. Those that could not escape were shot and killed or wounded. Thepolicemen then looted several shops and homes before setting them ablaze.When the policemen eventually retreated around 5.30 p.m. 22 persons lay dead, 60 houses and 15vehicles were burnt. The police also set ablaze two corpses while some were taken away and dumpedin the bush. Five other victims, mostly elderly persons also reportedly died from shock over the incident.These killings and destruction would appear to be a reprisal attack on the community for the killing oftwo police officers (Mr. Nnamdi Ngwokor, a Divisional Police Officer and Elias Allison, an Inspector) onThursday September 14, 2006 by youths suspected to be from Afiesere. The police claimed that thetwo officers were on a mission to restore peace in the community when they were ambushed and killedby the youths who also took away their arms and ammunition. They subsequently vowed to arrest allthose responsible for the crime. Hence, the invasion and destruction of the community.RECOMMENDATIONS1. There is need to sensitize the police on the need to have respect for human life and to exerciseutmost restraint in dealing with citizens so as not take human life unnecessarily.2. The practice of killing armed robbery and other suspects by the police before they are tried formallyin a court of competent jurisdiction is unlawful and should be stopped. Any officers found to be involvedin such summary executions should be tried for the offence. They should not be merely dismissed fromservice.3. The right to presumption of innocence in the 1999 Constitution should be respected by all lawenforcement agencies.1Guardian, Sun and Vanguard Newspapers of Saturday September 16, 20066
CHAPTER TWOTORTURE, CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENTEvery individual is entitled to respect for the dignity of his person,and accordingly(a) no person shall be subjected to torture or to inhuman ordegrading treatment;(b) no person shall be held in slavery or servitude; and(c) no person shall be required to perform forced or compulsorylabour.Section 34 (1), Constitution of the Federal Republic of Nigeria 1999Every individual shall have the right to the respect of the dignity inherent ina human being and to the recognition of his legal status. All forms of exploitationand degradation of man particularly slavery, slave trade, torture, cruel, inhumanor degrading punishment and treatment shall be prohibited.Article 5, African Charter on Human and Peoples’ Rights“Each State Party shall take effective legislative, administrative, judicial or other measuresto prevent acts of torture in any territory under its jurisdiction.No exceptional circumstance whatsoever, whether a state of war or a threat of war, internalpolitical stability or any other public emergency, may be invoked as a justification of torture.An order from a superior officer or a public authority may not be invoked as a justification oftorture”Article 2, Convention Against Torture and other Cruel Inhuman orDegrading Treatment or PunishmentDespite the provisions of the abovementioned human rights instruments, prohibiting torture, cruelinhuman or degrading treatment or punishment, the Nigerian Police Force and other law enforcementagencies commit the act of torture with impunity. There have been several reported cases of torture,committed by law enforcement agents, in the bid to either effect arrest or extract confessionalstatements from accused persons. The following are some of such cases.Buduka Nelson, a motor vehicle mechanic, was arrested on May 5, 2005 at Olodi Apapa, Lagosby policemen in connection with an alleged theft of a car parked at a carwash near hisworkshop. He was detained for four days at Trinity Police Station, Olodi Apapa, Lagos. He wastransferred to Special Crime Investigation Department (SCID), Panti, Lagos where he was detained foranother 3 days. He was released on bail on May 12, 2005 on the intervention of the National HumanRights Commission (NHRC). While in detention, he was brutally tortured by being hung upside downand beaten for several hours by the Investigating Police Officer (IPO) named Etuk in order to get aconfessional statement from him.The victim suffered serious pain in his body due to the severe beating he received from the police. Hiswrists were swollen and bruised and he limped for several days after his release. He was neithercharged nor arraigned for any offence, despite the incarceration and torture.7
Page 1: THE STATE OF HUMAN RIGHTSINNIGERIA2
Page 5 and 6: ACKNOWLEDGEMENTSThe National Human
Page 7 and 8: FOREWORDThe State of Human Rights i
Page 9 and 10: INTRODUCTIONThe history of human ri
Page 11 and 12: CHAPTER ONEEXTRAJUDICIAL, SUMMARY
Page 13 and 14: On the 11 th of August, 2006, bodie
Page 15: Corpse of Mr. Lugard Monday© Insti
Page 19 and 20: Moments after Patrick died, a senio
Page 21 and 22: CHAPTER THREEPOLICE CELLS AND OTHER
Page 23 and 24: On February 18, 2006, Babagana Zann
Page 25 and 26: the visits. Without being informed
Page 27 and 28: last resort and for the minimum nec
Page 29 and 30: Binta Umar, a 33yearold woman w
Page 31 and 32: 2006, only one government lawyer fr
Page 33 and 34: Women and ChildrenThe prison does n
Page 35 and 36: of rape and abduction against him.
Page 37 and 38: SOKOTO CENTRAL PRISONIntroductionTh
Page 39 and 40: Ifeanyi Arasu, aged 28, was charged
Page 41 and 42: Vocational FacilitiesThere were thr
Page 43 and 44: BeddingsAt the male cells, only the
Page 45 and 46: KUJE PRISONINTRODUCTIONKuje prison
Page 47 and 48: RECOMMENDATIONS ON KUJE PRISONi) At
Page 49 and 50: VISITORS’ BOOKSeveral visitors’
Page 51 and 52: (e)Not to order imprisonment for fi
Page 53 and 54: 5 Ahmed Suleiman, age 31 remanded i
Page 55 and 56: RECOMMENDATIONS1) The States should
Page 57 and 58: CHAPTER FIVEWOMEN AND OTHER GENDER
Page 59 and 60: When the victim was interviewed, sh
Page 61 and 62: CHAPTER SIXFREEDOM OF EXPRESSION AN
Page 63 and 64: various persons and clients of the
Page 65 and 66: · Child labor and child traffickin
Page 67 and 68:
4. Abdullah Mohammed, aged 16. He r
Page 69 and 70:
CHAPTER EIGHTHEALTH“The State sha
Page 71 and 72:
CHAPTER NINEFOOD AND SHELTER“The
Page 73 and 74:
CHAPTER TENLABOUR“The state shall
Page 75 and 76:
CHAPTER ELEVENCOMMUNNAL CONFLICTS A
Page 77 and 78:
acking different groups according t
Page 79 and 80:
claimed several lives, the Federal
Page 81 and 82:
Onitsha/Owerri Road, Mr Johnson Oka
Page 83 and 84:
“They came about 2.10 am, shootin
Page 85 and 86:
should do is to direct that every b
Page 87 and 88:
CHAPTER TWELVEFREEDOM OF MOVEMENT A
Page 89 and 90:
CHAPTER THIRTEENACCESS TO JUSTICE A
Page 91 and 92:
On September 9, 2005, Samuel and ot
Page 93 and 94:
CHAPTER FOURTEENPOLITICAL KILLINGS
Page 95 and 96:
CONCLUSIONGENERAL RECOMMENDATIONS1.
Page 97:
30. The Ministry of Justice should
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