Law Enforcement and Human Rights ;a press release by NOPRIN

Gentlemen of the Press, Ladies and Gentlemen,
NOPRIN warmly welcomes you all to this media briefing
where we want to present to you our two new books
‘Waiting for Justice’ and ‘Through the Lens of the Media’
which we have published with the support of Mac Arthur
Foundation. We also wish to use the occasion to respond
to some very disturbing developments in the polity in
relation to law enforcement and human rights and how
they affect the day to day lives of the majority ordinary
Nigerians.
NOPRIN believes that civil society must lead the charge in
pushing Nigerian leaders to commit to genuine police
reform and the fulfillment of Nigeria’s voluntarily
undertaken human rights obligations under the 1999
constitution and regional and international law to which
Nigeria is a party.
We have published these books in pursuit of one of our
cardinal mandates: to monitor, document and campaign
against police abuses in Nigeria. It is part of our
contribution towards redirecting and deepening the on-
going reform in the Nigeria Police Force.
‘Human Rights in Retreat’: State of Law Enforcement and
Human Rights in Nigeria.
President Goodluck Jonathan has lost the confidence,
goodwill and support of the Nigerian people who voted
him into power. The simple reason is that his government
has failed to fulfill the raison-d’être of government which
is security and welfare of the people. His government is
dominated by extremely corrupt people who have no
interest of the country and people at heart. The President
has defaulted on and betrayed the social contract which
he entered into with the Nigerian people. Having utterly
failed to tackle corruption and provide good governance,
he has resorted to fear, desperation and panic. The
government is now afraid of its shadows. At the slightest
move by the people to demand good governance,
government rolls out the tanks as we are witnessing now
at the Gani Fawehinmi Park, Ojota. Hunted by the success
of the January 2012 ‘Reclaim Nigeria’ protests against the
so-called removal of oil subsidy, government has turned
paranoid and repressive. Human rights have come under
attack as free expression and dissent are now suppressed
using security agencies. Evidence from the probe report
confirms Nigerians’ conviction that the whole episode
called subsidy is a fraud. Its corruption. It has exposed
how corruption is killing Nigeria and Nigerians. It has
exposed how corruption is retarding national
development. Nigerians must determine now to fight back
corruption before corruption finally decimates Nigerians.
Of course, as expected, patrons and beneficiaries of
corruption are already fighting back, but Nigerians must
remain resolute and seize the opportunity thrown up by
the report of the Hon. Farouk Lawan-led House of
Representatives Committee and the expressed
determination of the House of Representatives led by Hon.
Speaker Tambuwal to deal a decisive and mortal assault-
once and for all- on corruption.
Return of the Era of Repression
A number of incidents in the past four months have once
again, brought to the fore the character of law
enforcement in Nigeria. The incidents have reminded us
of the extent to which our law enforcement agencies and
the political leaders who control them comply with their
local and international obligations to respect and protect
citizens’ rights. We refer to the several cases in which
security forces have been recklessly deployed by the state
to brutalize citizens or harass and intimidate critical voices
in Nigeria for exercising their fundamental human rights
to free expression or fulfilling their obligation to
peacefully demonstrate against impoverishing policies.
From the undemocratic and unjustifiable deployment of
soldiers to the streets of Lagos in January to quell peaceful
protests of citizens- including senior citizens- protesting
against ‘subsidy removal’, through the illegal police
summon on Dr. Chidi Odinkalu, the Chairperson of the
National Human Rights Commission’s Governing Council,
to the current State Security Service (SSS) manhunt on
Mr. Jaye Gaskia, the Convener of the United Action for
Democracy (UAD): there are clearly ominous signs of a
resurgence of a familiar pattern of abuse of power and
human rights violations by law enforcement agencies in
Nigeria. We are witnessing a regress to the dark days of
authoritarian repression and dictatorial closure of the
democratic space in Nigeria.
Context
These acts of desperation by a poor performing
government are happening within the context of
increasing demands by Nigerians for good governance,
particularly the demand for a sincere, more serious and
vigorous war against corruption. Corruption impacts
adversely on human rights and development.
A number of legislative probes have been conducted into
the management of public resources by various sectors in
the economy. From the probe of the power sector by the
House of Representatives- which indicted former President
Obasanjo, through the probe of the Halliburton Scandal
(which indicted three former heads of State in Nigeria,
and for which their collaborators in the US have been
tried and sent to prison); corruption allegations against
high profile politicians including former governors by the
EFCC, to the recent probe of the Petroleum sector by the
House of Representatives, Nigerians have been treated to
scandalous and mind-boggling revelations of stupendous
sleaze and merciless pillaging of the commonwealth by
public officers entrusted with public office and resources.
All these probes have revealed the involvement of highly
placed individuals within the executive branch in the
massive and unconscionable stealing of public funds,
including pensioners’ funds. Think of how many
pensioners who have died while waiting to collect their
pensions after putting in many years in service of their
fatherland. Think of the deprivations to which their
dependents suffer and which often force them to resort to
crime and other debasing means of eking out a living.
Considering the involvement of high profile individuals in
the executive branch, including those very close to the
president, we are worried that the President may not
muster the will and courage to implement the
recommendations of the various probes and ensure that
all those involved in what Hon. Farouk Lawan described in
his Committee’s report as ‘endemic corruption and
entrenched inefficiency’ and looting of public funds are
effectively brought to book. The president’s body
language obviously demonstrates this lack of will and
courage.
As we speak, indicted oil firms and top government
officials have commenced desperate moves, throwing
around the same stolen funds to create confusion in the
House of Representatives, blur the issues of corruption
with the ultimate aim of unseating the Speaker of House
of Representatives, Hon. Aminu Tambuwal who has
displayed uncommon courage and bond with the Nigerian
people.
We are also concerned by the patent failure of our law
enforcement agencies and some of our lawyers to
effectively investigate and prosecute offenders. Even more
disheartening is the incompetence and the diminishing
integrity of our judiciary to effectively dispense justice as
exemplified in the Ibori case. How come that a man
discharged and acquitted by our own (Nigerian) judiciary
later confessed to the same charges for which he was set
free in Nigeria and was eventually convicted and jailed in a
foreign land!
NOPRIN salutes the House of Representatives Committee
led by Hon. Farouk Lawan for conducting the probe of the
petroleum sector with such forensic precision and patriotic
efficiency. We salute that Committee’s patriotism in
resisting dubious pressure to compromise, and its courage
to eventually submit the report. We also welcome the
House of Representatives’ avowed determination to ensure
public debate on the report and its call on the executive
to ensure the full implementation of the
recommendations without fear or favour. Civil society
organizations in Nigeria stand together with the leadership
of the House of Representatives in their quest to ensure
that the report of the petroleum sector probe is not swept
under the carpet, as has been the case with previous
similar reports.
We are however worried by the increasing propensity by
the federal government to resort to the use of security
agencies, particularly, the police and the State Security
Service (SSS) to harass and intimidate patriotic voices
calling for the full implementation of the various probe
reports and urging the government to demonstrate
genuine- rather than rhetorical- commitment to fighting
corruption and delivering good governance.
We condemn the hardly veiled attempt to muzzle free
speech and the right to dissent as demonstrated by the
deployment of tanks and soldiers in January and again
yesterday at the Gani Fawehinmi Park, Ojota; the use of
the police to harass and attempt to intimidate Dr.
Odinkalu, and now, the SSS man- hunt on Jaye Gaskia, the
Convener of the United Action for Democracy after he
announced the intention of the UAD to commence mass
mobilization of Nigerians to prevail on the Executive to
ensure the arrest and prosecution of all persons and
bodies implicated in corruption.
Hunted by the success of the January 2012 ‘Occupy
Nigeria’ Protests, the federal government appears to be
baring its fangs against Nigerians at the slightest
indication of resistance to its oppressive policies, actions
or inactions.
The SSS manhunt on Jaye Gaskia since Sunday April 22, a
few days after the police summoned and sought to
intimidate Dr. Chidi Odinkalu, for stating the obvious and
self acknowledged fact that Nigerian Police routinely kill
Nigerians extra judicially, and rarely bring perpetrators to
account reinforce our fears that human rights, freedom
and liberty are in retreat in Nigeria.
President Jonathan will only undermine his own legitimacy
by placing himself above the collective will of the people
who put him in power. NOPRIN calls on Nigerians to gird
their loins to fight and defeat this budding dictatorship
before it becomes full blown.
NOPRIN calls on President Jonathan, as the Commander in
Chief of the Armed Forces and the operational head of the
NPF to put his security hounds on the leash and work
towards addressing the security challenges that confront
this country under his leadership.
Security forces have failed to tackle crime and insecurity
in Nigeria because they suffer neglect. They are poorly
trained, under-motivated and ill-equipped to tackle crime
and insecurity. Their remuneration and other benefits are
not only inadequate but are hardly paid promptly. Police
pensions are also stolen. The lives of officers and men are
daily exposed to grave risks, and fatality rate among
personnel is unacceptably high.
Government only finds the police useful in using them as
tools to repress critics and opposition. This was the
hallmark of military dictatorship and cannot be allowed
under constitutional rule.
President Jonathan must renew his commitment to
genuine police reform, work towards guaranteeing public
safety and welfare and the full enjoyment of human rights
by all Nigerians. He must genuinely commit to fighting
corruption by aligning with the House of Representatives
and civil society to ensure the full implementation of the
various probe reports. The resort to the harassment of
Nigerians who call for probity, transparency and
accountability (which are the hallmarks of genuine
democracy) must end.
THE BOOKS: ‘Waiting for Justice’ and ‘Through the Lens of
the Media’
‘Waiting for Justice’ is the summary report of the zonal
public hearings on torture, extrajudicial killings, rape and
sexual abuse by the police in Nigeria which NOPRIN, in
collaboration with the National Human Rights Commission
and the National Committee on Torture, held across the
five of the six geopolitical zones of Nigeria between 2010
and 2011.
The Public Tribunal provided opportunity for survivors,
witnesses and relatives of victims of police abuses to
testify before a public tribunal about the abuses they
suffered in the hands of the police and other law
enforcement agencies and to seek redress and justice
through mechanisms of internal control and external
accountability. The Public tribunal was presided over by
eminent Nigerians drawn from the judiciary, human rights
experts, National Human rights commission and
democracy activists.
Public Tribunal on Police abuse of human rights is
NOPRIN’s initiative and contribution to civil society’s effort
to assist agencies of government statutorily charged with
oversight of the police to discharge their functions
effectively and timely. Broadly, the Public Tribunal is
aimed at mobilizing a sustainable national opinion against
the culture of impunity in Nigeria. The public tribunal
provides a transparent and open means of exposing
abuses and naming and shaming which are necessary to
deter abuses and combat impunity. The tribunal also
provides a platform to demonstrate the need for the
federal government to comprehensively and meaningfully
address the dire welfare needs of members of the
Nigerian Police and to provide them with adequate
training based on human rights principles.’
The objectives of the Public Tribunal:
1. To provide opportunity for victims of police abuse or
their family members/ legal representatives- on their
behalf, to testify about their experiences with the police,
and to seek and secure redress and remedies through
mechanisms of internal control and external
accountability; as well as to seek sanctions against
perpetrators of abuse or violation.
2. To awaken and assist institutions of government
charged with oversight of the police, particularly, the
Police Service Commission, to carry out their duties
effectively and timely
3. To mobilize eminent Nigerians to join the campaign
against police abuses and impunity.
4. To provide a platform for interaction between the
police and members of the public to promote mutual
understanding, cooperation and partnership in safety and
security in Nigeria.
In 2010, a total of 36 persons testified at three zonal
public tribunals. In 2011, 17 persons testified at two zonal
public tribunals. Several others who did not get the
opportunity to testify, owing to constraints of time, had to
submit their petitions and cases in writing to NOPRIN. The
testimonies bothered mainly on torture, extrajudicial
killing, disappearances, and rape.
As would be seen in the report, the tribunal achieved
significant results such as leading to disciplinary actions
against police and other law enforcement personnel
involved in or responsible for abuses; reopening of
investigations into cases of crimes and abuses that had
been abandoned or shoddily investigated or covered-up;
orderly room trial/ court marshalling- as the case may be,
of police/ military personnel indicted for violations and
abuse of powers and their dismissal and prosecution, and
recovery of bribe extorted by police personnel from
victims of crime in the course of investigation. The
tribunal has also inspired law enforcement policy changes.
One of the important police oversight mechanisms put in
place by the government is the Police Service commission
(PSC). Established under section 153(1) of the 1999
constitution, the commission is empowered to ‘appoint,
dismiss and exercise disciplinary control over persons
holding office other than the office of the Inspector
General of police, in the Nigeria Police Force…’
However the PSC has been hamstrung by lack of capacity
and political interference. For instance, despite well
proven cases of Police Misconduct in the past, only very
few disciplinary measures against erring officers were
initiated by the PSC.
Again police internal oversight mechanisms, such as the
Human Rights Desk, have at best been docile while
human rights violations in the force continue unchecked.
The Public Tribunal was therefore, NOPRIN’s contribution
to assisting and strengthening police oversight
mechanisms to make them more effective in checking
police misconducts and abuse of rights in the context of
law enforcement.
‘Waiting for Justice’ summarizes the testimonies at these
public tribunals and the findings and recommendations of
the eminent persons who presided at the five zonal public
tribunals. It begins with an Introduction which gives an
overview of the regional Public Tribunals.
There are 7 sections. Section 1 contains ‘Some Excerpts’
from the report and ‘General Recommendations’ for
reform of the Nigerian Police. Sections 2 – 6 contain the
Communiqués and edited versions of the Rapporteurs’
reports on the public tribunal for Abuja, 2010; Owerri,
2010; Akure, 2010; Calabar, 2011 and Kaduna, 2011.
Section 7 contains Appendices, including the Summary
Report of NOPRIN’s maiden public tribunal in Abuja in
2008; Keynote Addresses by the Federal Attorney General
at the Public Tribunal in 2008 and by the State Attorneys-
General of Cross River and Kaduna, as well as some
newspaper reports on the tribunal in the various zones.
‘Through the Lens of the Media’
‘Through the Lens of the Media’ is the outcome of two
years of monitoring and documenting selected newspaper
reports on the Nigeria Police. It is a compilation of media
reports on the Nigeria Police, covering a period of two
years from January to December 2010 and January to
September 2011. It was borne out of our view that Media
reports relating to the activities, practices, performance
and conducts of the police could provide an objective
basis to assess how members of the public perceive the
police. It shows what types of stories dominated news
about the police during the period and enables the reader
to make an independent and unbiased assessment of
police effectiveness and success- or lack of it- in
combating crime, the level of motivation and operational
capability in the police, the casualty rate among police
officers. It also shows whether there is reduction or
increase in abuse of human rights; whether there is
improvement in the funding, training, remuneration and
motivation, and provision of equipment for the police. It
shows how the police have related with the community
and what the public feels about the police, etc.
The book is divided into two halves of equal parts. Part
one contains reports for 2010 while Part two contains
reports for 2011. Each part is subdivided into sections
dealing with various themes such as human rights abuses
by the Police, e.g. extrajudicial killings, police brutality and
torture, excessive use of force, rape and sexual violence;
corruption, extortion and bribe taking; stealing, collusion
with criminals and other acts of misconduct; funding,
equipment, welfare and the unacceptably high casualty
rate among police officers as they combat better armed
criminals.
The reports were generated from The Punch, Vanguard,
the Sun, Next, Daily Trust, Compass newspapers and Tell
magazine.
It is our hope that this report will serve, not only the
purpose of providing a basis for assessing public
perception on the police, but also serve as an advocacy
tool and research resource, and ultimately lead to reforms
and improvement in police performance, conduct and
public relations. The human rights and advocacy
community, academic researchers, Police authorities and
personnel, political authorities and members of the public
will find this compilation useful in their work.
NOPRIN has also produced two Documentaries entitled
‘Nigeria Police: Protectors or Predators? With the support
of the MacArthur Foundation and ‘Above the Law: No
Accountability for Police Abuse in Nigeria with the support
of the National Endowment for Democracy (NED)’.
We do hope that these new books and documentaries will
provide insights to the authorities as to the current state
of the police and public safety, and the direction police
reform should go. Ladies and gentlemen, we thank you
for coming and urge you to critically x-ray the books and
publicize the recommendations contained in them.
Okechukwu Nwanguma
Program Coordinator
08064974531
About NOPRIN Foundation:
NOPRIN Foundation (Network on Police Reform in Nigeria)
is a not-for-profit network of 46 civil society organizations
spread across Nigeria, and committed to promoting police
accountability and respect for human rights. It was
established in 2000 to provide opportunity for civil society
input into police reform, and the enhancement of safety,
security and justice in Nigeria. NOPRIN is registered in
Nigeria, and carries out its mandate through monitoring,
field research and investigation, documentation,
publication, campaign and advocacy. NOPRIN partners
with national, international, governmental and inter-
governmental organizations and institutions in
implementing its programs, aimed at transforming law
enforcement institutions and practices in Nigeria.

#CONSENSUS 2015