Curfew in Bauchi, North East Nigeria Over Religious Clash afp20090727614002 Abuja Hot fm in English 26 Jul 09

In Nigeria, getting the actual number of people killed yearly by the police and other security agencies through extra-judicial killings is like looking for a pin inside the ocean. Most of the cases of extra-judicial killings are not reported to the National Human Rights Commission [HRC].

For example, in 1996, no single case of extra-judicial killing was reported to the commission. In 1997, six cases were reported while in 1998, another six cases were recorded. In 1999, eight cases were reported, while in the year 2000, 17 cases of extra-judicial killings were reported to the HRC. In 2001, 20 cases were reported, 11 cases in 2002, six cases in 2003, five cases in 2004, 13 in 2005, seven in 2006 and another seven cases in 2007 and 22 in 2008.

There is no government institution that is saddled with such a task while many of the non-governmental organizations also have only rough estimates. Access to Justice, an NGO, claimed that more than 8,000 Nigerians have been killed through extra-judicial killings in the past eight years. Every year, many Nigerians are killed.

One of the twin pillars of natural justice requires that a person must be heard before any punitive measure can be taken against him. Audi alterem patten is a legal phrase which means "hear the other party." The fundamental human rights of every citizen are amply recognized in virtually every local and international legal instrument on human rights.

Indeed, section 36 (1) of the 1999 Constitution provides that a person shall be entitled to fair hearing within a reasonable time by a court or other tribunal established by law and constituted in such a manner as to secure its independence and impartiality." Again, section 36 (5) provides that "every person who is charged with a criminal offence shall be presumed innocent until he is proven guilty."

At the global level, article 3 of the Universal Declaration of Human Rights states emphatically that "everyone has the right to life, liberty and security of person."

The CDHR, in its 2000 report noted that it had hoped that with the return to democratic rule, "there would be a reduction in extra-judicial killings in Nigeria but rather surprisingly, there was an increase in incidences." The group observed that what could have been responsible for this was a relapse in the security situation in the country which also led to an upsurge of private security organisations and ethnic militia groups.

"The return to democratic governance led to the birth of organisations like the Odua People’s Congress, OPC, and the Bakassi Boys which were used by politicians for illegitimate duties," CDHR stated.

The Human Rights Violations and Investigations Commission also known as the Oputa Panel had, in the course of its sitting in 1999, condemned the rate at which the police was engrossed in extra-judicial killings. Chukwudifu Oputa, a retired Supreme Court justice, noted that of all the petitions before it, the human rights violations perpetrated by the police and other security agencies ranked the highest.

The panel said that it was worrisome that those who were saddled with the responsibility of protecting the law and defending the constitution were the greatest abusers and violators of legal codes. The panel was established by former President Olusegun Obasanjo in 1999 to investigate human rights abuses during the Nigeria’s three decades of military rule. In spite of the return to democracy, nothing seems to have changed. The police still kill with impunity.

Olasupo Ojo, president of the CDHR, said that once a superior police officer gave an order that an armed robbery suspect should be "escorted" or "sent on an errand," it is a euphemism for such a robbery suspect to be killed. He said that the tradition now is for a robbery suspect to be taken to SARS to be shot on the leg.

"The police or any of the armed forces have no power to punish anybody under our law. If anybody has infracted upon any part of our law, the only thing they can do is to arrest such a person, carry out an investigation, submit their report to the ministry of justice which will then institute a charge against such a person for trial under due process according to law where fair hearing, and fair trial would be guaranteed. If at the end of the day the person is adjudged guilty then the court will pronounce the appropriate punishment," Ojo said.

Mba, the Lagos PPRO, denied the allegation that robbers are shot at SARS. "Is there anybody that came to you to say he was shot in SARS while being investigated? We must rise above petty complaints. You see, there are a lot of NGOs that want to remain relevant. They keep talking just to remain relevant and it is unfair to destroy the image of another institution on the grounds of petty complaints," Mba said.

In 2005, the United Nations was so miffed with Nigeria’s human rights records that it sent a special rapporteur to the country to investigate cases of extra-judicial killings. That was immediately after the Apo-Six were killed. Phillips Alston, special rapporteur of the United Nations Commission on Human Rights on Extra-judicial, Summary or Arbitrary executions, in his report, indicted the police.

"Let me only add that almost all of the ingredients, from the killings of alleged robbers to the fraudulent placement of weapons, to the failure to undertake proper post-mortem procedures, to the denial of wrongdoing and to the flight of an accused senior police officer, have been repeated many times over in relation to cases brought to my attention during my visit," he said.

The death of Yusuf, Foi, and Muhammed in the hands of the police has once again exposed the antics of the police. Already, the Nigeria Bar Association [NBA] has condemned in strong terms the manner the trio were killed without giving them fair-hearing.

Rotimi Akeredolu, the president of the NBA, in a statement, said that though the association criticized the massacre of innocent citizens and the destruction of properties in the northern parts of the country by the religious extremists, "the reported killings of some of those captured by the security operatives must also be condemned. The killing of these men in the police custody, however reprehensible their deeds must have been, must not be encouraged in a civilized society."

He contended that killing of anyone caught alive not "only offends the time-tested axiom that nobody must be condemned without trial, even if the object of the guilt is apparent. The killing denies the country the opportunity to unmask the real financiers of confusion in the polity; those who consciously design programs to keep their people in perpetual servitude. Anyone suspected of committing an offence must be given adequate opportunities to defend himself. This is a fundamental right that must be protected by all civilized people."

The Conference of Nigerian Political Parties [CNPP], Action Congress, AC, and the Catholic Secretariat of Nigeria [CSN] in their separate statements, have also condemned the extra-judiciary killings of the leaders of the group by the police.

The AC said that the violence that swept across some states in northern Nigeria which led to the death of hundreds could have been avoided if the federal government had been pro-active in dealing with the crisis.

Lai Mohammed, its national publicity secretary, said that the federal government should be blamed for the mayhem unleashed on the people by the group. "Beyond the usual knee-jerk reaction to such crisis, the government must work hard to end the conditions that make it possible to attract and brainwash youths into joining such senseless, cult-like religious groups like Boko Haram, he said.

The party said that the reported execution of the leaders of the sect is a blow to Nigeria’s image as a country seeking to return to the path of the rule of law "after the eight years of sheer lawlessness under the anarchic presidency of Olusegun Obasanjo." "No matter their offence, sect leader Yusuf and the group’s alleged financier are better off being alive than dead.

After they might have been interrogated to get a treasure-trove of valuable information that could help prevent future violence from them, they could then have been tried in accordance with the law of the land. Executing them summarily is barbaric, unjustified, and a big minus for the security agencies which did a lot to contain the violence," he said.

Louis Odudu, a reverend father and deputy secretary general of the Catholic Secretariat of Nigeria [CSN] in a statement, also canvassed for a thorough investigation into the killings by the police of Yusuf and Foi after their capture by the army. The CSN noted that their killing denied Nigerians the opportunity of unraveling the financiers, foreign contacts, and network profile of the Boko Haram leader.

Mustapha Ibrahim, immediate past chairman of the Kaduna State branch of the Nigeria Bar Association described the killings as condemnable in the light of the circumstances leading to the deaths of the Boko Haram leaders. Ibrahim told Newswatch that the killings were not in accordance with the rule of law mantra of the Yar’Adua administration.

While condemning religious intolerance leading to crisis, he said that extra-judicial killings had no place in a democratic setting. "Official figures have it that not less than 700 people died in the latest crisis. In spite of all the worldwide attention that was focused on the post election crisis in Iran, only 20 persons were said to have been killed. This should raise serious concern about what is happening in our country. We must ask ourselves what went wrong."

He also noted: "For those of us in the legal profession, it has been an open secret that armed robbers arrested by the police are often wasted by the police under very suspicious circumstances with the usual excuse that they were killed while attempting to escape from custody," he said.

Khalid Aliyu Abubakar, the chief Imam of the Fibre mosque in Jos, also described the killings as barbaric. Abubakar said that instead of killing the Boko Haram leaders, efforts should have been made to listen to their grievances. "I think these people should have been listened to. What are their opinions? What do they mean by Boko Haram? Instead, the government only gave an order to crush them," he said. He, however, condemned the activities of the sect, describing their anti- western education stance as lamentable.

Governor Muhammad Danjuma Goje of Gombe State is, however, happy that Yusuf and his colleagues were dispatched to the great beyond. "Anyone who kills must definitely die, no matter how. I don’t understand all the hype this thing is generating. We should rather commend the efforts of the security operatives for getting on top of the situation. What if these people had overpowered the security? The whole area would have been in a terrible situation.

These people have killed innocent souls just because they wanted everybody to be in their camp. I am a victim of their dastardly act, as one of my cousins, a promising young man who was getting on top of his God-chosen career as a police officer, was killed by these people in Maiduguri. We should not pity them at all. They have killed and so should be killed too."

Goje, who said that he is a supporter of human rights in every ramification, described the Boko Haram sect members as very deadly as they just embarked on the killing of innocent people at will for no just reason. He wondered what else could have been done to them, saying "we should consider the tremendous work done by the security operatives and not overstress the killing of the sect members. Well, I will not want to say more because already the matter is under investigations."

He also had support in Ibrahim Khalil, the chairman of the Kano State council of Ulama. He saw nothing wrong with the summary execution of the Boko Haram leaders.

Ojo Maduekwe, minister of foreign affairs, had in February this year put on a feeble attempt at defending the poor human rights record of the country. Speaking during the 4th session of the United Nations Human Rights Council’s Universal Periodic Review, UPR, in Geneva, Switzerland, he said the federal government would never condone a policy where members of its security forces deprive any human being of his life.

"I want to stress with all the emphasis at my command that the democratically elected government of the Federal Republic of Nigeria has never and will never condone a policy where members of its security forces deprive any human being of his life," he said.

But he was quick to add that in Nigeria, like every country in the world, security personnel are not without a few bad eggs. "In the very rare instances when security personnel have been found guilty of extra-judicial killings or gross misconduct, they are punished in accordance with the law. We have cited examples of such exceptional cases in our National Report," Maduekwe said.

Emmanuel Ojukwu, the police public relations officer, however, told Newswatch that there was no indication of an increase in extra-judicial killings in the country. "We don’t have any indication to show that there is rising wave of extra-judicial killing in the country. It is the contrary. I don’t think we have had any instance of extra-judicial killing in Nigeria, of recent," he said.

He also said that there are no circumstances under which a police officer could kill without following due process. "The police are meant to save, protect and not to kill. Killing is an aberration. It negates our calling," he said. The way out of the quagmire, according to experts is to carry out a complete overhaul of the various security forces in the country.

Ibuchukwu Ezike, acting executive director of the CLO, said that Nigeria should have a second look at the type of people it recruits into the police. "We have illiterate people in the police who have no conscience and are recruited into the force through a flawed process," he said and noted: "If you go to your village, you may find out that people who are deviants, who are seen as criminals, have been enrolled into the police force. So what do you expect from such persons?" he queried.

He said that to compound the problem, during the police training for those recruits, many of them were made to pay in other to pass their examinations. "Many of them have to pay to pass. It does not matter whether you are intelligent or not," he said.

Dupe Atoki, chairperson of the Network on Police Reform in Nigeria, at a public hearing organized by the Human Rights Commission in Ibadan, Oyo State, said that the hearing was put together in order to restore the fading hope of Nigerians on the police. She pleaded with victims of police brutality to understand the constraints of an average police officer.

She admitted that officers and men of the police work under difficult circumstances and challenging conditions and called on the government to improve the welfare and operational capabilities of the police. "The Police Service Commission and the leadership of the Nigerian Police Force must intensify efforts to end impunity for egregious abuses within the police force by ensuring that no abuse goes unpunished. Victims’ access to redress must also be enhanced and guaranteed," she said.

Comfort Alebiosu, special adviser to the governor of Oyo State on security matters, also said that police brutality is not limited to the country alone. She identified frustration occasioned by the poor state of the economy, which in turn results in poverty as the root cause of the acts of bestiality.

"I think what we need to do is to curb this menace by encouraging the police commission not only to improve the condition of service of the police, but most importantly, to also ensure that men of the Nigerian police are involved in different seminars and workshops, which will be aimed at improving the attitude. But will that stop extra-judicial killings? Only time will tell.

[Description of Source: Lagos Newswatch in English - independent weekly news magazine]

Nigeria: Immigration Body Orders Repatriation of Suspected Islamic Sect Members

AFP20090820565001 Ibadan Nigerian Tribune Online in English 20 Aug 09

[Report by Stephen Gbadamosi: "18 Boko Haram Suspects Arrested in Oyo"]

Eighteen young men, whose ages range from 15 to 27 years, and suspected to be potential Boko Haram members, were, on Wednesday, penciled in for repatriation to Niger Republic on the orders of the Comptroller-General of the Immigration Service, Mr. Chukwura Udeh.

The suspects, who were said to have been intercepted by men of the Oyo State Police Command at the Ibadan end of the Lagos-Ibadan Expressway in the early hours of Wednesday, were later handed over to the state command of the Nigeria Immigration Service.

According to the Oyo State Comptroller of Immigration, Mr. Chibueze Adike, who addressed journalists in Ibadan, prior to the boys' arrest by the police, the suspects had gained entry into Nigeria illegally through the Benin-Malaville-Kamba routes and were heading to Lagos state.

At the time they were intercepted, they were traveling in a hired commercial Toyota Hiace bus with registration number KEBBI AA 660 KMB marked, Kebbi State Transport Service.

While parading the suspects, who were all Nigereans, but without genuine travelling documents, Adike said preliminary interrogation and screening revealed that "they are bound to be security risk to the nation."

He added that "we can't afford to sacrifice the security of this country. We are all aware of the recent crisis by people of this age bracket. This is why we are commending the police and urging continuous inter-agency cooperation and networking which has now paid off. We sincerely thank men of the Nigeria Police for their efforts in this regard."

[Description of Source: Ibadan Nigerian Tribune Online in English -- Website of the privately owned daily; URL: http://www.tribune.com.ng]

Group Urges Governors, Government To Strengthen Economy of Northern Nigeria

AFP20090820565003 Lagos The Guardian Online in English 20 Aug 09

[Report by Saxone Akhaine: "How To Check Sectarian Crisis in North, by ACF"]

To stem the tide of religious extremism, the Arewa Consultative Forum (ACF) at the weekend said that government at all levels must engage in efforts to curtail activities of fundamentalists in the country to save the North and Nigeria in general from further sectarian crisis.

Besides, the ACF, which urged the northern governors to reject the appeal by the Christian Association of Nigeria (CAN) against the move to regulate preaching, however, said that both the governors and the Federal Government should strengthen the economy of the northern states.

He added that Islamic fundamentalist leaders have taken advantage of a weak economy to recruit an army of unemployed youths to unleash violence.

National Publicity of the ACF, Malam Anthony Sani, who spoke with The Guardian on Tuesday, said the body had earlier condemned the activities of members of Boko Haram, which led to the recent crisis in some parts of northern states.

He pointed out that CAN would not help matters by saying that it was wrong for both the governors and Federal Government to regulate religious preaching.

Sani cited how religious extremism, which emerged in Europe and some parts of North America, was controlled by political leaders in order to pave way for peace and development in the 19th and 20th centuries.

He added: "Nigeria's situation is not different, you can imagine the level of poverty in the country. These boys who were involved in Boko Haram crisis had nothing to do. A young boy who thinks his future has been lost and his opportunity in life lost would continue to be an easy target for religious extremists to recruit. So, the government has to control these things, particularly religious preaching.

"In fact, both the Federal and State Governments have to engage the army of unemployed youths by generating employment and other ventures that can engage them".

Sani further argued: "This is a serious matter, our governments have not tasked themselves enough as to how to generate employment in the country to take care of the youths.

"Have you ever seen where employment becomes a serious campaign issue among our leaders in the country?", he queried.

"But in other developed countries, this is a major campaign tool. I have the feeling that the Boko Haram problem has to do with the issue of poverty, which is being exploited by religious leaders to recruit their followers", he added.

The ACF chieftain, therefore, condemned CAN's attempt to criticise plans by governors in the North to use traditional rulers in checkmating the excesses of some religious clerics through their unregulated preaching.

[Description of Source: Lagos The Guardian Online in English -- Website of the widely read independent daily, aimed at up-market readership; URL: http://www.ngrguardiannews.com/]

Nigeria: Borno Governor Warns Islamic Sect Members Against 'Suicide Mission'

AFP20090820578004 Isheri Nigerian Compass Online in English 2300 GMT 19 Aug 09

[Report by Gbenga Akingbule and Demola Babalola: "Boko Haram: Sheriff Vows To Deal With Suspected Members Immigration Deports 18 to Niger"]

Suspected members of the Boko Haram sect who are planning to avenge the killing of their leader, Muhammed Yusuf, have been warned that they would be dealt with by security agents "if they embark on the suicide mission."

Governor Ali Modu Sheriff of Borno State, who disclosed this in Maiduguri, the state capital, warned the people behind the sending of text messages on the planned attack that "the full weight of the law will be brought down on them immediately."

He declared that security operatives "are already on a red alert. Any person or group trying to cause panic should as well be ready to face the full wrath of the law as the government is not ready to take chances in view of the recent killings."

The governor gave the warning when the management of Zenith Bank paid a condolence visit to the state. The bank donated N10 million [Naira] to the victims of the mayhem.

Sheriff said no one in the guise of religion would be allowed to put the people of the state through another crisis again.

The governor was reacting to the rumour that some of the fleeing members of the sect are threatening to return to the North-East state and continue with their evil activities.

"It is most unfortunate things like these could happen to Borno State, the home of peace. I must assure the people of the state that nothing like this will ever be allowed to happen again. Borno will not be a place for them again. Even if they come, they are going to face the wrath of the government of Borno. We are prepared to deal ruthlessly with anyone who is bent on formenting trouble

"Life is unquantifiable and the damage was colossal and unimaginable. Those who did this will by now be facing the judgment of God."

The Deputy Managing Director of Zenith Bank, Mr. Godwin Emefele, who presented the cheque, said the effort of the governor during the insurgence was appreciable as it could have been worse without his prompt intervention.

Meanwhile, 18 foreigners whose ages range between 15 and 27 and suspected to be potential 'Boko Haram' members were yesterday repatriated to Niger Republic on the orders of the Comptroller-General of the Immigration Service, Mr. Chukwura Udeh.

The suspects, who were intercepted by men of the Oyo State Police Command on Lagos/Ibadan expressway in the early hours of yesterday, were later handed over to the State Immigration Service.

Prior to their arrest by the police, the Oyo State Comptroller of Immigration, Mr. John Adike, who briefed reporters said the suspects entered Nigeria illegally through Benin-Malaville-Kamba routes to Nigeria and were heading to Lagos State.