By Chief Mike A. A. Ozekhome, SAN
INTRODUCTION
This write up becomes very timely as tomorrow (June 12,
2020) is Nigeria’s democracy day. Democracy, or at least,
an acclaim to democracy, is the new trend today. Nigeria, the
assumed giant of Africa, cannot be left behind in this global
movement. However, beyond mere rhetoric, any government worth its
name must observe the tenets of democracy as propounded by Abraham
Lincoln in his 1863 Gettysburg Declaration.
Entrenchment of fundamental rights in a country’s Constitution
is one of the pillars of democracy. Some of the fundamental rights
contained in Chapter 4 of the 1999 Constitution include the right
to life (section 33); the right to personal liberty (section 35);
right to dignity of human person (section 34); right to fair
hearing (section 36); right to freedom of expression, including
freedom to hold opinions and to receive and impart ideas and
information without interference, (section 39); among others.
However, Nigeria’s bane over time lies, not in the absence of
adequate provisions for these fundamental rights, butin their
disregard by successive governments. State actors who are
ordinarily supposed to ensure protection of these rights are the
greatest tormentors of the citizens.
Activists, opposition and critics of governments in Nigeria are
routinely repressed by agencies and agents of the state, with
various governments looking the other way.
This is 2020, but it suddenly feels like we are
back to the locust days of 1984. Echoes
of Decree No. 4 are reverberating across
Nigeria’s civic space. Free speech has been under siege and the
constitutional presumption of innocence has since been turned on
its head. The courts, which are supposed to be, no more appear to
be the last hope of the common man. Nigeria’s nascent democracy
appears brazenly endangered, more than ever before. Citizens’
rights no longer matter. There now appears to be a very thin
dividing line between genuineexpression of citizens’ expectations
from the government, and treason. Criticism of government’s
policies is construed as insurrection that must be punished with
the sledge hammer of state apparatchik. State governments and
Governors appear to have taken hammer the initiative and a cue from
a polluted centre.
Fear looms in the subconsciousness of the citizens, opposition,
critics and activists alike. “Who is next?”, now
seems to be a valid question amongst human rights crusaders, in the
face of the shrinking of Nigeria’s civic and political space.
Human Rights activists who dare to speak truth to power and
bring to the fore, governments’ inadequacies and failings have
become endangered species. Cautious commentary,rather than frank
talk about the state of affairs now appears to be the only way to
remain safe. To demand accountability from elected public officials
has become an extremely dangerous sport, a mortal sin.
Security agencies are fully engaged instrenuous efforts by state
actors to muzzle all known liberties,human rights and plurality of
voices. Security agencies which are supposed to birth an
environment of safety for the citizens have instead,heralded
anxiety, panic and fear in their lives. Police brutality, extortion
and breach of citizens’ right have reached crescendo.
No one needsthe special mystical powers of a seer or
clairvoyant, to see that fundamental rights in Nigeria are under
siege and beleaguerment, especially from state actors.
DEFINITION OF HUMAN RIGHTS.
Let us start by taking a voyage into the history and concept of
human rights as a global concept and as a Nigerian phenomenon.
The United Nations provides a comprehensive explanation of human
rights thus:
“Human rights are rights inherent to all human beings,
regardless of race, sex, nationality, ethnicity, language,
religion, or any other status. Human rights include the right
to life and liberty, freedom from slavery and torture, freedom of
opinion and expression, the right to work and education, and many
more. Everyone is entitled to these rights, without
discrimination.”
Going by this definition, human rights form an integral part of
every human, regardless of race, tribe, religion, or social status.
This view was well echoed by David Kaluge:
“Human rights are those rights which cannot be said to
have been given to man by man but are earned by man for being a
human because these are necessary for his continuous happy
existence with himself, his fellow man and for participation in a
complex society.”
Human rights are thus moral principles or norms that describe
certain standards of human behaviour and are regularly protected as
natural and legal rights in both municipal and international law.
They are commonly understood as inalienable, because they are
fundamental rights to which a person is inherently entitled (from
birth), simply by being a human being. They are therefore inherent
in all human beings. Human rights are applicable everywhere and at
any time. They are therefore universal. They are also egalitarian
because they are the same for everyone.
In OSONDU & ANOR v. A-G ENUGU STATE &
ORS (2017) LPELR-43096(CA), Tur, J.C.A., discerned
human rights as encompassing fundamental rights in the following
words:
“Order 1 Rule 2 of the Fundamental Rights (Enforcement
Procedure) Rules, 2009 defines “Fundamental Right” and “Human
Right” in the following manner: “Fundamental Right – means any of
the rights provided for in Chapter IV of the Constitution, and
includes any of the rights stipulated in the African Charter on
Human and People’s Rights (Ratification and Enforcement) Act. Human
Rights – includes fundamental rights.”
HISTORY OF HUMAN RIGHTS
The United Nations traces the origin of Human Rights to the
year 539 BC. When the troops of Cyrus the
Great conquered Babylon. Cyrus freed the slaves, and declared that
all people had the right to choose their own religion, and
established racial equality. The Magna Carter of 1215 accepted by
King John of England marked the birth of modern democracy.
Following the birth of the United Nations
in 1945, the need to prioritise the
protection of human rights of persons, the world over, gained
traction and this culminated in proclamation of The Universal
Declaration of Human Rights, 1948. Perhaps, nothing more eloquently
illustrates the intent and commitment of the United Nations to the
promotion of human rights than the proclamation of the Universal
Declaration of Human Rights, 1948:
“Now, therefore, The General Assembly proclaims this
Universal Declaration of Human Rights as a common standard of
achievement for all peoples and all nations, to the end that every
individual and every organ of society, keeping this Declaration
constantly in mind, shall strive by teaching and education to
promote respect for these rights and freedoms and by progressive
measures, national and international, to secure their universal and
effective recognition and observance, both among the peoples of
Member States themselves and among the peoples of territories under
their jurisdiction.”
HUMAN RIGHTS IN NIGERIA IN THE LAST ONE
YEAR
Perhaps, nothing best illustrates the premium placed on human
rights in Nigeria than the fact that the 1999 Constitution of the
Federal Republic of Nigeria, 1999 as altered, entrenches
fundamental rights in Chapter 4.
Nigeria, through Chapter 4 of the 1999 Constitution, has never
been one to shy away from appearing to take the lead in embracing
global best practices in constitutional provisions on human rights.
Nigeria’s problem has always been more about the lack of political
will to walk the talk. With regards to human rights, successive
Nigerian governments have shown a grave aversion for respecting and
upholding the rights of citizens. Indeed, it is ironic that most
human rights violations against Nigerian citizens have been
orchestrated by the same governments which are ordinarily expected
to protect them.
- Freedom of expression and right to peaceful
assembly.
In 1985, General Babangida took power and
repealed Major General Muhammadu Buhari’s Decree N0. 4 of 1984, a
law that made it criminal to publish any material that was
considered embarrassing to the government. There was therefore
renewed hope for freedom of expression both by the people and the
media. Under the Babangida regime, political tolerance was briefly
embraced. However, this momentary tolerance of human rights broke
down when the regime began detaining and jailing its critics and
dismissing from work, employees who disagreed with their warped
views and ideals. The IBB regime closed down more newspapers and
banned more popular organizations, perhaps, more than any other in
Nigeria’s post-colonial history.
In 1999, freedom of expression became
protected by the new Nigerian Constitution. However, defamation
laws were afterwards passed. Nigeria was described as “partly free”
in the Freedom of the Press 2011 Report published by the Freedom
House (yearly rankings in Freedom House ratings, Nigeria section).
The organization cited the killings, detentions and brutalisation
of journalists alongside brazen attempts to shrink the civic space
by the Nigerian government as reasons for the poor ranking.
On April 26, 2020, the Reporter without
Borders World Press Freedom Index ranked Nigeria 115 out of 180
countries surveys. The organization cited the same reasons as were
given by the Freedom House for the dismal ranking. However, this
rank is higher than the 146 rank which Transparency International
(TI) gave Nigeria earlier in the year with regards to corruption.
The Reporters without Borders report further noted, “with
more than 100 independent newspapers, Africa’s most populous nation
enjoys real media pluralism but covering stories involving
politics, terrorism or financial embezzlement by the powerful is
very problematic.”
One glaring example of Nigerian government’s concerted efforts
to eliminate all forms of dissent emerged from the travails of
founder of Sahara Reporters,Omoyele Sowore.
Sowore was arrested by men of the Department of State
Services(DSS), on 3rd August,
2019, for organizing a protest captioned
“RevolutionNow”, against perceived injustices
being carried out by the Nigerian State against her citizens. In a
display of extreme intolerance and paranoia that this government
has since become accustomed to, he was promptly arrested, detained
and accused of plotting to topple a democratically elected
government. Sowore was only exercising his right to freedom of
peaceful assembly as contained in Section 40 of the 1999
Constitution of the Federal Republic of Nigeria, thus:
“Every person shall be entitled to assemble freely and
associate with other persons, and in particular he may form or
belong to any political party, trade union or any other association
for the protection of his interests.”
This right to peaceful assembly which Sowore merely attempted to
exercise has been upheld in a deluge of judicial authorities. For
instance, in the case of IGP v. ANPP, Justice
Adekeye, JCA (as she then was), held, among others, that:
“A rally or placard carrying demonstration has become a
form of expression of views on current issues affecting Government
and the governed in a sovereign State. It is a trend recognized and
deeply entrenched in the system of governance in civilized
Countries – it will not only be primitive but also retrogressive if
Nigeria continues to require a pass to hold a rally. We must borrow
a leaf from those who have trekked the rugged path of democracy and
are now reaping the dividends of their experience.”
Perhaps, the government hastily misled itself by the caption of
the planned protests, “#RevolutionNow”. However, a
mere glance at the demands made by Sowore and the protesters would
reveal that there was nothing inherent in their protests that
devoted any attempt whatsoever to topple the government. They
possessed no arms or ammunition, not even bangers used by children
during Christmas festivities. Sowore’s demands expressed through
“The Coalition For Revolution” were merely for an
“economy that works for the masses”, “an
effective end to insecurity and insurgency”; “end
to systemic corruption”; “immediate implementation
of the N30,000 minimum wage at all levels in the public service as
agreed with trade unions”; and, “education as an
enforceable right and not a privilege.”
The governmentcharacteristically refused to release him from
detention even with a Federal High Court order granting him bail.
Even when he was granted bail by the Federal High Court, Abuja, the
highly excessive nature of the bail terms revealed a grand design
to make dissent with the government, not only dangerous, but
expensive. The DSS, even on one occasion, invaded the hallowed
court room of his trial, in a bid to re-arrest him, leading to the
sitting Judge scampering into her chambers for safety.
The subsequent arrest of “Premium Times” journalist, Samuel
Ogundipe, by the Nigerian Police Force, for refusing to reveal the
source of information at his disposal equally illustrates the
threats to free speech in Nigeria.
The case of Stephen Kefason also comes to mind. Stephen Kefason,
a journalist washeld in the custody of Kaduna State Police Command
from21st of May, 2019, on
allegations of criminal defamation against Kaduna State Governor,
Nasir El-Rufai;a charge which was ordinarily bailable.
Institutions, which should ordinarily provide succor for the
citizens in the face of oppression, have become willing tools in
the hands of the Executive. In Cross River State, similar acts of
suppression against journalists manifested. The arrest of Cross
River-based newspaper publisher, Agba Jalingo, on the ridiculous
charges of treason and disturbance of public peace, easily comes to
mind.
So also was the arrest of journalist and human rights activist,
Chido Onumah, on 29th September,
2019, by operatives of DSS. The reason for his arrest
captures Nigeria’s slide to becoming a fascist and totalitarian
State without recourse to human rights under the Buhari
administration.
Chido Onumah was arrested for merely wearing a t-shirt with the
inscription, “We Are All Biafrans”. This is
actually the title of a book he had already written about Nigeria,
which is a collection of essays by the journalist, focused on the
need to restructure Nigeria in order to be able to build a united
country. But, the Buhari government said this could cause
disaffection, and thus made him a part of a group planning against
the country.
The frivolous Petitions Bill, 2015, which was sponsored by
Senator Bala Ibn Na’Allah, seeks to criminalize the publication of
any petition without a duly sworn accompanying affidavit. If this
bill had been passed into law, any opposition from human rights
Activists and civil society organisations who try to hold
government at all levels accountable would have been severely dealt
with.
Another attempt to weaken civil society organisations in Nigeria
who hold the government accountable can be seen in the
controversial Non-Governmental Organizations (NGO) Regulatory
Commission Bill, 2016 (HB 585). If passed into law, NGOs in Nigeria
will have to be issued licences to operate for only 24 months,
after which, the Commission will decide on whether or not to renew
such licences. The bill also proposed that the certificate of
registration of any NGO may be cancelled or suspended if the Board
of the NGO Regulatory Commission was satisfied that the terms or
conditions attached to the certificate had been violated. Article
26 of the Bill also provides that a project formulated by an
organisation for eventual implementation in the country shall first
be approved by the relevant ministry and registered with the
Commission before implementation. The contents of this bill clearly
reveal an organised intent to subjugate civil society organisations
in Nigeria.
GOVERNMENT VIOLATIONS.
Nigerian security forces are frequently accused of carrying out
arbitrary arrests, torture, forced disappearances, assassinations
and extrajudicial summary executions. These abuses typically occur
within the context of the Nigerian government’s security
operations, or are directed against critics, Activists, political
and religious organizations. Several instances of mass killings of
political opponents and agitators by security forces have been
reported.
The disappearance of some government critics also highlights the
wanton disregard for human rights by the Nigerian Government. For
example, a popular critic, Abubakar Idris, who is better known as
Dadiyata, has been missing since August 2,
2019, when unidentified men seized
him from his residence in Barnawa neighbourhood of
Kaduna State. Bayelsa-born Journalist, Jones Abiri, also suddenly
disappeared for months without any trace.
Routine disobedience to valid court orders, invasion of Judges’
homes and courts, desecration of the Rule of Law, have become
common features of this government.
HUMAN RIGHTS VIOLATION BY THE NIGERIAN
ARMY.
Aside the12th–14th December,
2015Nigerian Army massacre of 347 members of the Islamic
Movement of Nigeria (IMN) in Zaria, Kaduna State, whose bodieswere
buried in mass graves, March 2020also
revealed that some Nigeria army soldiers took advantage of food
shortages at refugee camps in Borno state and raped women at
female-designated “satellite camps” in exchange for granting them
food. These refugee camp food shortages also resulted in the death
of “thousands” of people
since 2015. On April 4,
2020, three Army soldiers were arrested in Lagos state for
issuing threats to rape women. On 21 May
2020, two Lagos State Army deserters, Kehinde Elijah and
Ezeh Joseph, were arrested for their involvement in the murder of a
Police Sergeant on 10th May,
2020. The shooters, who were afterwards taken into
military custody, were also assisted by a Nigerian Police Officer
and were wanted for “violent crimes.”
HUMAN RIGHTS VIOLATIONS BY THE NIGERIAN POLICE
FORCE.
The numerous cases of police harassment of young Nigerians
called “yahoo boys”,by men of the Special Anti
Robbery Squad (SARS) is another proof of the fact that the Nigerian
Police Force has become a potent tool in the suppression and
repression of the fundamental rights of Nigerians.
The Nigeria Police Force has been typically viewed as
inefficient and corrupt. The Joint Task Force (JTF), rather than
face Boko Haram attacks, has been involved in killing suspects
without fair trial as well as randomly killing members of
communities suspected of supporting the Boko Haram. This
high-handed approach violates human rights, with its lack of access
to a fair trial and use of discriminatory techniques to determine
presumed perpetrators of violence.
Nigerian Police Force Officers are accused of corruption and
serial violations that include extortion and embezzlement. They
take advantage of the people by putting up roadblocks that require
a fee to pass through. Within the Police Force, there is no equal
protection under the law. The wealthy buy the Police for security.
They induce the Police to turn a blind eye to illegal activities
they precipitate.
In October 2018, eight Boipatong Police
Officers were arrested for torturing and then murdering a Nigerian
national in October 2017.
On 2nd August, 2019, two
Officers of the Nigerian Police Force’s Anti-Cultism Squad, Insp.
Ogunyemi Olalekan and Sgt. Godwin Orji, were arrested and charged
with murdering a man during a raid in Lagos.
On 21st August, 2019, four
SARS operatives were arrested and charged with murder after being
caught on film manhandling and then shooting to death two suspected
phone thieves in broad daylight. The two suspected phone thieves
were shot dead after they had been arrested.
On January 5, 2020, three Nigerian Police
Force officers were arrested after beating a bus passenger, who
also turned out to be Nigerian Supreme Court Justice Obasi, after
he refused to unlock his mobile phone.On April 3,
2020, a Nigerian police officer was arrested for
assaulting a port worker. On April 18, 2020,
the Nigerian Police Force stated that two of its officers were
arrested after being caught on film beating a woman at the Odo Ori
Market in Iwo, Osun.
On April 28, 2020, Nigerian Police Force’s
Rivers State Police Command arraigned former Sergeant Bitrus Osaiah
in court for shooting to death his female colleague, Lavender
Elekwachi, during a raid on street trading and illegal motor parks
the previous week. Osaiah was dismissed as a police officer the
previous day for killing Elekwachi, who also held the rank of a
Sergeant. It was reported that Osaiah was in fact arrested for the
killing. On May 21, 2020, Yahaha Adeshina,
the Divisional Police Officer of Ilemba Hausa Division, was
arresting for assisting Kehinde Elijah and Ezeh Joseph in
the May 10, 2020 murder of Sergeant
Onalaja Onajide. All three shooters were wanted for violent crimes.
On May 30, 2020, two Lagos Police Officers
were arrested for shooting to death a 16-year old girl.
On November 10, 2019, the Nigerian Police
Force issued a statement revealing that Safer Highways Patrol
officer Onuh Makedomu was arrested after being filmed accepting a
bribe from a motorist in Lagos. On March 9,
2020, two Nigeria Police Officers from Lagos,
Assistant Superintendent of Police (ASP) Adebayo Ojo and Sergeant
Adeleke Mojisola were both arrested on charges of extorting a
woman. On April 11, 2020, another Nigeria
Police Officer from Lagos, Inspector Taloju Martins, was arrested
after being caught on camera exhorting a motorist.
On June 3, 2020, the Adamawa State Police
Command announced that one of its Officers was arrested for
murdering a motorcycle motorist who refused to pay him a bribe.
Also earlier this year, Remo Stars Football Club’s player,
Tiyamu Kazeem, was murdered in cold blood in Sagamu in Southwestern
Ogun State by men of the Special Anti-Robbery Squad division of the
Nigerian Police Force, on the most suspicious and frivolous
grounds.
The sad fate of Kolade Johnson, the unfortunate 36-year-old
youth who was killed by the Police in the Mangoro area of Ikeja,
Lagos on the last day of March cannot be forgotten in a hurry.
To drive home the point with respect to human rights violations
by the Nigerian Police Force, the Head of the Nigerian Human Rights
Commission, Tony Ojukwu was quoted as admitting at a time, that
“while the new coronavirus has killed eleven patients,
security forces have extrajudicially executed 18 people to enforce
orders.”
It is important to note that some of these instances mentioned
above do not in any way address the extent to which the Nigerian
Police Force sniffs life out of citizens in the most brazen
examples of human rights violations. They are a mere tip of the
iceberg.
CORRUPTION
Corruption of national institutions, as the present government
has been involved, in is even more dangerous and corrosive than
monetary gratification. Nigeria now has the unfortunate label of
being one of the world’s most corrupt countries. This is especially
seen within the public sector, including brazen larceny of public
funds and bribery. The most recent rating, in January,
2020, of Nigeria as the 146th most corrupt
country in the world, out of the 180 surveyed countries under the
Transparency International Corruption Perception Index (CPI), does
not give room for comfort at all.
It is estimated that
between 1999 and now,
Nigeria has lost around $4-10 billion yearly due to
corruption.Politicians often siphon public funds to feather their
political nests and also remunerate armed gangs and political thugs
to aid them in rigging elections. The elections held since the last
five years of this administration, have always beenvery bloody.
They were mostly openly rigged. Ballot boxes were routinely visibly
stuffed by paid gangs. Electoral results were simply falsified.
Votes were neither properly counted, nor allowed to count. Citizens
were routinely killed, maimed or burnt alive, during elections.
Voters were intimidated, shot at and disenfranchised, especially by
sitting governments and state actors.
In spite of the establishment of the Independent Corrupt
Practices Commission (ICPC) and Economic and Financial Crimes
Commission (EFCC) in the early 2000s, there
is still visible evidence of institutionalization of corruption.
Thus, in January 2020, Transparency
International’s Corruption Perception Index (CPI) still gave
Nigeria a low ranking spot of 146 out of 180 most corrupt countries
in the world that were surveyed.
HUMAN RIGHTS VIOLATIONS BY THE BOKO HARAM SECT AND ARMED
BANDITS.
Boko Haram is an Islamist terrorist group that focuses its
attacks on government officials, Christians, and fellow Muslims,
who criticize their actions or are thought to aid the government,
known as “traitor Muslims“. Attacks are primarily
focused in Northeastern part of Nigeria. They cite corruption
committed by the national government as well as increased Western
influence as the primary reason for their often violent actions.
This group which says it is engaging in “jihad”
was founded in 2000.
In 2014, Boko Haram drew international
attention from its 14 April kidnapping of approximately 230 female
students from a secondary school in the northern town of Chibok,
Nigeria. Boko Haram leader, Abubakar Shekau, claimed the girls had
converted to Islam. He threatened to sell them as wives or slaves
to Boko Haram members at a price of $12.50 each. Most of them have
never been found till date. This was reenacted in the Chibok school
girls abduction case.
Boko Haram kill civilians, abducts women and girls, forcefully
conscripted boys and men, and even destroyed homes and schools.
Surprisingly, the government routinely pays the sect huge ransoms,
free some of its members, reintegrate them into the society, and
even recruits them into the Nigerian Security Forces. This is
counter-productive. Armed banditry, kidnapping and ritual killings
have been on the increase, making the Nigerian space quite unsafe
for road travelers and peasant farmers. The government appears
helpless.
HUMAN RIGHTS VIOLATIONS AGAINST WOMEN
Women in Nigeria often face various versions of human rights
violations inspite of certain rights granted unto them in the 1999
Constitution. Some women are subject to degrading and obscene
cultural practices that are inconsistent with human rights. In some
Nigerian tribal cultures, a woman who loses her husband must
initially go into seclusion. They are also forced to neglect their
bodies. They must not shave, shower, or change their clothing. They
have to rub cow dung and palm oil on their bodies and must also
sleep on the bare floor. some are made to sleep with the
corpses of their dead husbands, to prove their innocence. Widows
must wear black, the colour of mourning, for two years, to properly
show their deep loss and reverence for their departed husbands.
This barbarism, which includes child marriage, child labour,
forceful cutting off of female genitals (clitoris) vary in severity
from one culture to another.
Till now, Justice Akon Ikpeme, a very erudite Judge, has been
denied the position of Chief Judge OF Cross-River state by the
State Governor, Prof. Ben Ayade and the House of Assembly, on the
ground that she hails from neighbouring Akwa Ibom State, and would
therefore constitute a security risk! This, in spite of the fact
that she schooled and worked in Cross-River all her life, and that
she had been duly recommended by the National Judicial Council
(NJC).
HUMAN RIGHTS OF ETHNIC MINORITIES STILL IN
DECLINE
Minority ethnic groups have been fighting for equal rights
before and after Nigeria’s independence
in 1960, leading to the 1959 Willinks
Commission Report.Their rights continue to suffer under the major
ethnic groups. This has been more emphasized under the present
government that has elevated to a directive principle of State
policy, the acts of sectionalism, prebendalism, cronyism,
ethnicism, religiousity and favouritism.
CONCLUSION
The Buhari government must realize that human rights are
inalienable,inviolable and indispensable to any democracy and that
the continued assault on the fundamental rights of citizens makes a
total mockery of the fallen heroes of the democracy which it
presently enjoys.
To this end, the Buhari administration is charged to live up to
its obligations to protect the citizens in fulfillment of its
duties and responsibilities undersection 14 of the 1999
Constitution, as well as the time honoured social contract theory,
and international instruments.
Written By Chief Mike A. A. Ozekhome, SAN, OFR,
Ph.D, FCIArb, LL.D
By Chief Mike A. A. Ozekhome, SAN
INTRODUCTION
This write up becomes very timely as tomorrow (June 12,
2020) is Nigeria’s democracy day. Democracy, or at least,
an acclaim to democracy, is the new trend today. Nigeria, the
assumed giant of Africa, cannot be left behind in this global
movement. However, beyond mere rhetoric, any government worth its
name must observe the tenets of democracy as propounded by Abraham
Lincoln in his 1863 Gettysburg Declaration.
Entrenchment of fundamental rights in a country’s Constitution
is one of the pillars of democracy. Some of the fundamental rights
contained in Chapter 4 of the 1999 Constitution include the right
to life (section 33); the right to personal liberty (section 35);
right to dignity of human person (section 34); right to fair
hearing (section 36); right to freedom of expression, including
freedom to hold opinions and to receive and impart ideas and
information without interference, (section 39); among others.
However, Nigeria’s bane over time lies, not in the absence of
adequate provisions for these fundamental rights, butin their
disregard by successive governments. State actors who are
ordinarily supposed to ensure protection of these rights are the
greatest tormentors of the citizens.
Activists, opposition and critics of governments in Nigeria are
routinely repressed by agencies and agents of the state, with
various governments looking the other way.
This is 2020, but it suddenly feels like we are
back to the locust days of 1984. Echoes
of Decree No. 4 are reverberating across
Nigeria’s civic space. Free speech has been under siege and the
constitutional presumption of innocence has since been turned on
its head. The courts, which are supposed to be, no more appear to
be the last hope of the common man. Nigeria’s nascent democracy
appears brazenly endangered, more than ever before. Citizens’
rights no longer matter. There now appears to be a very thin
dividing line between genuineexpression of citizens’ expectations
from the government, and treason. Criticism of government’s
policies is construed as insurrection that must be punished with
the sledge hammer of state apparatchik. State governments and
Governors appear to have taken hammer the initiative and a cue from
a polluted centre.
Fear looms in the subconsciousness of the citizens, opposition,
critics and activists alike. “Who is next?”, now
seems to be a valid question amongst human rights crusaders, in the
face of the shrinking of Nigeria’s civic and political space.
Human Rights activists who dare to speak truth to power and
bring to the fore, governments’ inadequacies and failings have
become endangered species. Cautious commentary,rather than frank
talk about the state of affairs now appears to be the only way to
remain safe. To demand accountability from elected public officials
has become an extremely dangerous sport, a mortal sin.
Security agencies are fully engaged instrenuous efforts by state
actors to muzzle all known liberties,human rights and plurality of
voices. Security agencies which are supposed to birth an
environment of safety for the citizens have instead,heralded
anxiety, panic and fear in their lives. Police brutality, extortion
and breach of citizens’ right have reached crescendo.
No one needsthe special mystical powers of a seer or
clairvoyant, to see that fundamental rights in Nigeria are under
siege and beleaguerment, especially from state actors.
DEFINITION OF HUMAN RIGHTS.
Let us start by taking a voyage into the history and concept of
human rights as a global concept and as a Nigerian phenomenon.
The United Nations provides a comprehensive explanation of human
rights thus:
“Human rights are rights inherent to all human beings,
regardless of race, sex, nationality, ethnicity, language,
religion, or any other status. Human rights include the right
to life and liberty, freedom from slavery and torture, freedom of
opinion and expression, the right to work and education, and many
more. Everyone is entitled to these rights, without
discrimination.”
Going by this definition, human rights form an integral part of
every human, regardless of race, tribe, religion, or social status.
This view was well echoed by David Kaluge:
“Human rights are those rights which cannot be said to
have been given to man by man but are earned by man for being a
human because these are necessary for his continuous happy
existence with himself, his fellow man and for participation in a
complex society.”
Human rights are thus moral principles or norms that describe
certain standards of human behaviour and are regularly protected as
natural and legal rights in both municipal and international law.
They are commonly understood as inalienable, because they are
fundamental rights to which a person is inherently entitled (from
birth), simply by being a human being. They are therefore inherent
in all human beings. Human rights are applicable everywhere and at
any time. They are therefore universal. They are also egalitarian
because they are the same for everyone.
In OSONDU & ANOR v. A-G ENUGU STATE &
ORS (2017) LPELR-43096(CA), Tur, J.C.A., discerned
human rights as encompassing fundamental rights in the following
words:
“Order 1 Rule 2 of the Fundamental Rights (Enforcement
Procedure) Rules, 2009 defines “Fundamental Right” and “Human
Right” in the following manner: “Fundamental Right – means any of
the rights provided for in Chapter IV of the Constitution, and
includes any of the rights stipulated in the African Charter on
Human and People’s Rights (Ratification and Enforcement) Act. Human
Rights – includes fundamental rights.”
HISTORY OF HUMAN RIGHTS
The United Nations traces the origin of Human Rights to the
year 539 BC. When the troops of Cyrus the
Great conquered Babylon. Cyrus freed the slaves, and declared that
all people had the right to choose their own religion, and
established racial equality. The Magna Carter of 1215 accepted by
King John of England marked the birth of modern democracy.
Following the birth of the United Nations
in 1945, the need to prioritise the
protection of human rights of persons, the world over, gained
traction and this culminated in proclamation of The Universal
Declaration of Human Rights, 1948. Perhaps, nothing more eloquently
illustrates the intent and commitment of the United Nations to the
promotion of human rights than the proclamation of the Universal
Declaration of Human Rights, 1948:
“Now, therefore, The General Assembly proclaims this
Universal Declaration of Human Rights as a common standard of
achievement for all peoples and all nations, to the end that every
individual and every organ of society, keeping this Declaration
constantly in mind, shall strive by teaching and education to
promote respect for these rights and freedoms and by progressive
measures, national and international, to secure their universal and
effective recognition and observance, both among the peoples of
Member States themselves and among the peoples of territories under
their jurisdiction.”
HUMAN RIGHTS IN NIGERIA IN THE LAST ONE
YEAR
Perhaps, nothing best illustrates the premium placed on human
rights in Nigeria than the fact that the 1999 Constitution of the
Federal Republic of Nigeria, 1999 as altered, entrenches
fundamental rights in Chapter 4.
Nigeria, through Chapter 4 of the 1999 Constitution, has never
been one to shy away from appearing to take the lead in embracing
global best practices in constitutional provisions on human rights.
Nigeria’s problem has always been more about the lack of political
will to walk the talk. With regards to human rights, successive
Nigerian governments have shown a grave aversion for respecting and
upholding the rights of citizens. Indeed, it is ironic that most
human rights violations against Nigerian citizens have been
orchestrated by the same governments which are ordinarily expected
to protect them.
- Freedom of expression and right to peaceful
assembly.
In 1985, General Babangida took power and
repealed Major General Muhammadu Buhari’s Decree N0. 4 of 1984, a
law that made it criminal to publish any material that was
considered embarrassing to the government. There was therefore
renewed hope for freedom of expression both by the people and the
media. Under the Babangida regime, political tolerance was briefly
embraced. However, this momentary tolerance of human rights broke
down when the regime began detaining and jailing its critics and
dismissing from work, employees who disagreed with their warped
views and ideals. The IBB regime closed down more newspapers and
banned more popular organizations, perhaps, more than any other in
Nigeria’s post-colonial history.
In 1999, freedom of expression became
protected by the new Nigerian Constitution. However, defamation
laws were afterwards passed. Nigeria was described as “partly free”
in the Freedom of the Press 2011 Report published by the Freedom
House (yearly rankings in Freedom House ratings, Nigeria section).
The organization cited the killings, detentions and brutalisation
of journalists alongside brazen attempts to shrink the civic space
by the Nigerian government as reasons for the poor ranking.
On April 26, 2020, the Reporter without
Borders World Press Freedom Index ranked Nigeria 115 out of 180
countries surveys. The organization cited the same reasons as were
given by the Freedom House for the dismal ranking. However, this
rank is higher than the 146 rank which Transparency International
(TI) gave Nigeria earlier in the year with regards to corruption.
The Reporters without Borders report further noted, “with
more than 100 independent newspapers, Africa’s most populous nation
enjoys real media pluralism but covering stories involving
politics, terrorism or financial embezzlement by the powerful is
very problematic.”
One glaring example of Nigerian government’s concerted efforts
to eliminate all forms of dissent emerged from the travails of
founder of Sahara Reporters,Omoyele Sowore.
Sowore was arrested by men of the Department of State
Services(DSS), on 3rd August,
2019, for organizing a protest captioned
“RevolutionNow”, against perceived injustices
being carried out by the Nigerian State against her citizens. In a
display of extreme intolerance and paranoia that this government
has since become accustomed to, he was promptly arrested, detained
and accused of plotting to topple a democratically elected
government. Sowore was only exercising his right to freedom of
peaceful assembly as contained in Section 40 of the 1999
Constitution of the Federal Republic of Nigeria, thus:
“Every person shall be entitled to assemble freely and
associate with other persons, and in particular he may form or
belong to any political party, trade union or any other association
for the protection of his interests.”
This right to peaceful assembly which Sowore merely attempted to
exercise has been upheld in a deluge of judicial authorities. For
instance, in the case of IGP v. ANPP, Justice
Adekeye, JCA (as she then was), held, among others, that:
“A rally or placard carrying demonstration has become a
form of expression of views on current issues affecting Government
and the governed in a sovereign State. It is a trend recognized and
deeply entrenched in the system of governance in civilized
Countries – it will not only be primitive but also retrogressive if
Nigeria continues to require a pass to hold a rally. We must borrow
a leaf from those who have trekked the rugged path of democracy and
are now reaping the dividends of their experience.”
Perhaps, the government hastily misled itself by the caption of
the planned protests, “#RevolutionNow”. However, a
mere glance at the demands made by Sowore and the protesters would
reveal that there was nothing inherent in their protests that
devoted any attempt whatsoever to topple the government. They
possessed no arms or ammunition, not even bangers used by children
during Christmas festivities. Sowore’s demands expressed through
“The Coalition For Revolution” were merely for an
“economy that works for the masses”, “an
effective end to insecurity and insurgency”; “end
to systemic corruption”; “immediate implementation
of the N30,000 minimum wage at all levels in the public service as
agreed with trade unions”; and, “education as an
enforceable right and not a privilege.”
The governmentcharacteristically refused to release him from
detention even with a Federal High Court order granting him bail.
Even when he was granted bail by the Federal High Court, Abuja, the
highly excessive nature of the bail terms revealed a grand design
to make dissent with the government, not only dangerous, but
expensive. The DSS, even on one occasion, invaded the hallowed
court room of his trial, in a bid to re-arrest him, leading to the
sitting Judge scampering into her chambers for safety.
The subsequent arrest of “Premium Times” journalist, Samuel
Ogundipe, by the Nigerian Police Force, for refusing to reveal the
source of information at his disposal equally illustrates the
threats to free speech in Nigeria.
The case of Stephen Kefason also comes to mind. Stephen Kefason,
a journalist washeld in the custody of Kaduna State Police Command
from21st of May, 2019, on
allegations of criminal defamation against Kaduna State Governor,
Nasir El-Rufai;a charge which was ordinarily bailable.
Institutions, which should ordinarily provide succor for the
citizens in the face of oppression, have become willing tools in
the hands of the Executive. In Cross River State, similar acts of
suppression against journalists manifested. The arrest of Cross
River-based newspaper publisher, Agba Jalingo, on the ridiculous
charges of treason and disturbance of public peace, easily comes to
mind.
So also was the arrest of journalist and human rights activist,
Chido Onumah, on 29th September,
2019, by operatives of DSS. The reason for his arrest
captures Nigeria’s slide to becoming a fascist and totalitarian
State without recourse to human rights under the Buhari
administration.
Chido Onumah was arrested for merely wearing a t-shirt with the
inscription, “We Are All Biafrans”. This is
actually the title of a book he had already written about Nigeria,
which is a collection of essays by the journalist, focused on the
need to restructure Nigeria in order to be able to build a united
country. But, the Buhari government said this could cause
disaffection, and thus made him a part of a group planning against
the country.
The frivolous Petitions Bill, 2015, which was sponsored by
Senator Bala Ibn Na’Allah, seeks to criminalize the publication of
any petition without a duly sworn accompanying affidavit. If this
bill had been passed into law, any opposition from human rights
Activists and civil society organisations who try to hold
government at all levels accountable would have been severely dealt
with.
Another attempt to weaken civil society organisations in Nigeria
who hold the government accountable can be seen in the
controversial Non-Governmental Organizations (NGO) Regulatory
Commission Bill, 2016 (HB 585). If passed into law, NGOs in Nigeria
will have to be issued licences to operate for only 24 months,
after which, the Commission will decide on whether or not to renew
such licences. The bill also proposed that the certificate of
registration of any NGO may be cancelled or suspended if the Board
of the NGO Regulatory Commission was satisfied that the terms or
conditions attached to the certificate had been violated. Article
26 of the Bill also provides that a project formulated by an
organisation for eventual implementation in the country shall first
be approved by the relevant ministry and registered with the
Commission before implementation. The contents of this bill clearly
reveal an organised intent to subjugate civil society organisations
in Nigeria.
GOVERNMENT VIOLATIONS.
Nigerian security forces are frequently accused of carrying out
arbitrary arrests, torture, forced disappearances, assassinations
and extrajudicial summary executions. These abuses typically occur
within the context of the Nigerian government’s security
operations, or are directed against critics, Activists, political
and religious organizations. Several instances of mass killings of
political opponents and agitators by security forces have been
reported.
The disappearance of some government critics also highlights the
wanton disregard for human rights by the Nigerian Government. For
example, a popular critic, Abubakar Idris, who is better known as
Dadiyata, has been missing since August 2,
2019, when unidentified men seized
him from his residence in Barnawa neighbourhood of
Kaduna State. Bayelsa-born Journalist, Jones Abiri, also suddenly
disappeared for months without any trace.
Routine disobedience to valid court orders, invasion of Judges’
homes and courts, desecration of the Rule of Law, have become
common features of this government.
HUMAN RIGHTS VIOLATION BY THE NIGERIAN
ARMY.
Aside the12th–14th December,
2015Nigerian Army massacre of 347 members of the Islamic
Movement of Nigeria (IMN) in Zaria, Kaduna State, whose bodieswere
buried in mass graves, March 2020also
revealed that some Nigeria army soldiers took advantage of food
shortages at refugee camps in Borno state and raped women at
female-designated “satellite camps” in exchange for granting them
food. These refugee camp food shortages also resulted in the death
of “thousands” of people
since 2015. On April 4,
2020, three Army soldiers were arrested in Lagos state for
issuing threats to rape women. On 21 May
2020, two Lagos State Army deserters, Kehinde Elijah and
Ezeh Joseph, were arrested for their involvement in the murder of a
Police Sergeant on 10th May,
2020. The shooters, who were afterwards taken into
military custody, were also assisted by a Nigerian Police Officer
and were wanted for “violent crimes.”
HUMAN RIGHTS VIOLATIONS BY THE NIGERIAN POLICE
FORCE.
The numerous cases of police harassment of young Nigerians
called “yahoo boys”,by men of the Special Anti
Robbery Squad (SARS) is another proof of the fact that the Nigerian
Police Force has become a potent tool in the suppression and
repression of the fundamental rights of Nigerians.
The Nigeria Police Force has been typically viewed as
inefficient and corrupt. The Joint Task Force (JTF), rather than
face Boko Haram attacks, has been involved in killing suspects
without fair trial as well as randomly killing members of
communities suspected of supporting the Boko Haram. This
high-handed approach violates human rights, with its lack of access
to a fair trial and use of discriminatory techniques to determine
presumed perpetrators of violence.
Nigerian Police Force Officers are accused of corruption and
serial violations that include extortion and embezzlement. They
take advantage of the people by putting up roadblocks that require
a fee to pass through. Within the Police Force, there is no equal
protection under the law. The wealthy buy the Police for security.
They induce the Police to turn a blind eye to illegal activities
they precipitate.
In October 2018, eight Boipatong Police
Officers were arrested for torturing and then murdering a Nigerian
national in October 2017.
On 2nd August, 2019, two
Officers of the Nigerian Police Force’s Anti-Cultism Squad, Insp.
Ogunyemi Olalekan and Sgt. Godwin Orji, were arrested and charged
with murdering a man during a raid in Lagos.
On 21st August, 2019, four
SARS operatives were arrested and charged with murder after being
caught on film manhandling and then shooting to death two suspected
phone thieves in broad daylight. The two suspected phone thieves
were shot dead after they had been arrested.
On January 5, 2020, three Nigerian Police
Force officers were arrested after beating a bus passenger, who
also turned out to be Nigerian Supreme Court Justice Obasi, after
he refused to unlock his mobile phone.On April 3,
2020, a Nigerian police officer was arrested for
assaulting a port worker. On April 18, 2020,
the Nigerian Police Force stated that two of its officers were
arrested after being caught on film beating a woman at the Odo Ori
Market in Iwo, Osun.
On April 28, 2020, Nigerian Police Force’s
Rivers State Police Command arraigned former Sergeant Bitrus Osaiah
in court for shooting to death his female colleague, Lavender
Elekwachi, during a raid on street trading and illegal motor parks
the previous week. Osaiah was dismissed as a police officer the
previous day for killing Elekwachi, who also held the rank of a
Sergeant. It was reported that Osaiah was in fact arrested for the
killing. On May 21, 2020, Yahaha Adeshina,
the Divisional Police Officer of Ilemba Hausa Division, was
arresting for assisting Kehinde Elijah and Ezeh Joseph in
the May 10, 2020 murder of Sergeant
Onalaja Onajide. All three shooters were wanted for violent crimes.
On May 30, 2020, two Lagos Police Officers
were arrested for shooting to death a 16-year old girl.
On November 10, 2019, the Nigerian Police
Force issued a statement revealing that Safer Highways Patrol
officer Onuh Makedomu was arrested after being filmed accepting a
bribe from a motorist in Lagos. On March 9,
2020, two Nigeria Police Officers from Lagos,
Assistant Superintendent of Police (ASP) Adebayo Ojo and Sergeant
Adeleke Mojisola were both arrested on charges of extorting a
woman. On April 11, 2020, another Nigeria
Police Officer from Lagos, Inspector Taloju Martins, was arrested
after being caught on camera exhorting a motorist.
On June 3, 2020, the Adamawa State Police
Command announced that one of its Officers was arrested for
murdering a motorcycle motorist who refused to pay him a bribe.
Also earlier this year, Remo Stars Football Club’s player,
Tiyamu Kazeem, was murdered in cold blood in Sagamu in Southwestern
Ogun State by men of the Special Anti-Robbery Squad division of the
Nigerian Police Force, on the most suspicious and frivolous
grounds.
The sad fate of Kolade Johnson, the unfortunate 36-year-old
youth who was killed by the Police in the Mangoro area of Ikeja,
Lagos on the last day of March cannot be forgotten in a hurry.
To drive home the point with respect to human rights violations
by the Nigerian Police Force, the Head of the Nigerian Human Rights
Commission, Tony Ojukwu was quoted as admitting at a time, that
“while the new coronavirus has killed eleven patients,
security forces have extrajudicially executed 18 people to enforce
orders.”
It is important to note that some of these instances mentioned
above do not in any way address the extent to which the Nigerian
Police Force sniffs life out of citizens in the most brazen
examples of human rights violations. They are a mere tip of the
iceberg.
CORRUPTION
Corruption of national institutions, as the present government
has been involved, in is even more dangerous and corrosive than
monetary gratification. Nigeria now has the unfortunate label of
being one of the world’s most corrupt countries. This is especially
seen within the public sector, including brazen larceny of public
funds and bribery. The most recent rating, in January,
2020, of Nigeria as the 146th most corrupt
country in the world, out of the 180 surveyed countries under the
Transparency International Corruption Perception Index (CPI), does
not give room for comfort at all.
It is estimated that
between 1999 and now,
Nigeria has lost around $4-10 billion yearly due to
corruption.Politicians often siphon public funds to feather their
political nests and also remunerate armed gangs and political thugs
to aid them in rigging elections. The elections held since the last
five years of this administration, have always beenvery bloody.
They were mostly openly rigged. Ballot boxes were routinely visibly
stuffed by paid gangs. Electoral results were simply falsified.
Votes were neither properly counted, nor allowed to count. Citizens
were routinely killed, maimed or burnt alive, during elections.
Voters were intimidated, shot at and disenfranchised, especially by
sitting governments and state actors.
In spite of the establishment of the Independent Corrupt
Practices Commission (ICPC) and Economic and Financial Crimes
Commission (EFCC) in the early 2000s, there
is still visible evidence of institutionalization of corruption.
Thus, in January 2020, Transparency
International’s Corruption Perception Index (CPI) still gave
Nigeria a low ranking spot of 146 out of 180 most corrupt countries
in the world that were surveyed.
HUMAN RIGHTS VIOLATIONS BY THE BOKO HARAM SECT AND ARMED
BANDITS.
Boko Haram is an Islamist terrorist group that focuses its
attacks on government officials, Christians, and fellow Muslims,
who criticize their actions or are thought to aid the government,
known as “traitor Muslims“. Attacks are primarily
focused in Northeastern part of Nigeria. They cite corruption
committed by the national government as well as increased Western
influence as the primary reason for their often violent actions.
This group which says it is engaging in “jihad”
was founded in 2000.
In 2014, Boko Haram drew international
attention from its 14 April kidnapping of approximately 230 female
students from a secondary school in the northern town of Chibok,
Nigeria. Boko Haram leader, Abubakar Shekau, claimed the girls had
converted to Islam. He threatened to sell them as wives or slaves
to Boko Haram members at a price of $12.50 each. Most of them have
never been found till date. This was reenacted in the Chibok school
girls abduction case.
Boko Haram kill civilians, abducts women and girls, forcefully
conscripted boys and men, and even destroyed homes and schools.
Surprisingly, the government routinely pays the sect huge ransoms,
free some of its members, reintegrate them into the society, and
even recruits them into the Nigerian Security Forces. This is
counter-productive. Armed banditry, kidnapping and ritual killings
have been on the increase, making the Nigerian space quite unsafe
for road travelers and peasant farmers. The government appears
helpless.
HUMAN RIGHTS VIOLATIONS AGAINST WOMEN
Women in Nigeria often face various versions of human rights
violations inspite of certain rights granted unto them in the 1999
Constitution. Some women are subject to degrading and obscene
cultural practices that are inconsistent with human rights. In some
Nigerian tribal cultures, a woman who loses her husband must
initially go into seclusion. They are also forced to neglect their
bodies. They must not shave, shower, or change their clothing. They
have to rub cow dung and palm oil on their bodies and must also
sleep on the bare floor. some are made to sleep with the
corpses of their dead husbands, to prove their innocence. Widows
must wear black, the colour of mourning, for two years, to properly
show their deep loss and reverence for their departed husbands.
This barbarism, which includes child marriage, child labour,
forceful cutting off of female genitals (clitoris) vary in severity
from one culture to another.
Till now, Justice Akon Ikpeme, a very erudite Judge, has been
denied the position of Chief Judge OF Cross-River state by the
State Governor, Prof. Ben Ayade and the House of Assembly, on the
ground that she hails from neighbouring Akwa Ibom State, and would
therefore constitute a security risk! This, in spite of the fact
that she schooled and worked in Cross-River all her life, and that
she had been duly recommended by the National Judicial Council
(NJC).
HUMAN RIGHTS OF ETHNIC MINORITIES STILL IN
DECLINE
Minority ethnic groups have been fighting for equal rights
before and after Nigeria’s independence
in 1960, leading to the 1959 Willinks
Commission Report.Their rights continue to suffer under the major
ethnic groups. This has been more emphasized under the present
government that has elevated to a directive principle of State
policy, the acts of sectionalism, prebendalism, cronyism,
ethnicism, religiousity and favouritism.
CONCLUSION
The Buhari government must realize that human rights are
inalienable,inviolable and indispensable to any democracy and that
the continued assault on the fundamental rights of citizens makes a
total mockery of the fallen heroes of the democracy which it
presently enjoys.
To this end, the Buhari administration is charged to live up to
its obligations to protect the citizens in fulfillment of its
duties and responsibilities undersection 14 of the 1999
Constitution, as well as the time honoured social contract theory,
and international instruments.
Written By Chief Mike A. A. Ozekhome, SAN, OFR,
Ph.D, FCIArb, LL.D