Executive
Summary:
Introduction: This Special Report (Welcome to Bleeding Republic of Nigeria: A
Land Flowing with Blood and Tears)
is a compilation of widespread human rights abuses in Nigeria in the past 20
months of the four-year tenure of the central
Government of Retired Major Gen Muhammadu Buhari; covering 1st June 2015 to 31st January 2017. The
Report is majorly focused on Civil and Political Rights; which is
one of the four internationally existing generations of human rights. These
fundamental liberties include citizens’ constitutional and legal rights as well
as regional and international rights provided in Sections 33-46 of Nigeria’s
1999 Constitution and several regional and international legal and rights
instruments or treaties accepted and assented to by the Federal Republic of
Nigeria.
The Civil
and Political Rights are also regarded by the Constitution of the Federal
Republic of Nigeria 1999 amended in 2011 as living rights or justiciable;
which legally and constitutionally means that they are governmentally
observable, protectable and enforceable, and can be compensated in the event of
their breaches. This is by virtue of Section 46 of Nigeria’s 1999 Constitution.
Those holding judicial, executive and legislative offices in Nigeria are also
mandatorily required in Section 13 of Nigeria’s 1999 Constitution to conform
to, observe and apply these constitutional liberties in discharge of their
constitutional duties.
President M. Buhari’s military background
and his grossly poor human rights antecedents including 20 months of his
maximum military rulership (January 1984-August 1985) was critically assessed
and compared with past 20 months of his present civilian Presidency in Nigeria.
Research Methodology: This Special Report was compiled by the Research Team of International Society for Civil Liberties
and the Rule of Law headed by Emeka Umeagbalasi-a Criminologist &
Graduate of Security Studies with post graduate expertise in Peace &
Conflict Studies. It was largely built on previous reports on security and
human rights issues in Nigeria; issued by respected international rights
organizations and research institutions such as Amnesty International, Human
Rights Watch, the Committee for the Protection of Journalists (CPJ), the Global
Terrorism Index of the Institute for Economics and Peace; and the (Christian)
Open Doors International, among others. Those reports were technically
aggregated, congregated, studied and updated in this Special Report.
The Special Report was
further built on previous publications of Intersociety
and credible media reports on the subject matter by leading local and
international print and web media. Intersociety
also gathered reliable data and information from leading victim-groups such
as IPOB, Shiite Muslim sect and the authorities of the ECWA Church and the
Catholic Archdiocese of Kafanchan in Kaduna, etc. Data gathered were
independently verified.
We also
conducted series of interviews with accompanied legal certifications from
members of some dead victims’ families and the shot and wounded victims or
survivors. All the photos used in the photo segment of this Report were
carefully verified and traced to the crime victims, crime scenes and crime
perpetrators. In all, it is a hybrid based Special Report.
Various
citizens’ constitutional and legal rights and safeguards in Nigeria as well as
their regional and international counterparts which the Federal Republic of
Nigeria willingly assented to and accepted to be bound by, were also studied
and applied in the course of this Special Report. Pieces of useful information
from security establishments and other agencies of the Government of Nigeria
available at open sources were
considered as well.
Executive Summary: Welcome To Bleeding
Republic of Nigeria: A Land Flowing With Blood & Tears; is a compilation of the State of Widespread Rights Abuses covering
the past 20 months of the central civilian Government of Retired Major Gen
Muhammadu Buhari or from 1st June 2015 to 31st January
2017. The present central Government of Nigeria headed by Retired Major Gen
Muhammadu Buhari was elected and sworn in on 29th May 2015 for a
four-year term (May 29th 2015-May 29th 2019).
The Special Report is saddening but unique in that it found that
regime atrocities, abuse of office and gross contempt for constitutionalism and
human rights principles; which were widespread in 20 months of Major Gen
Muhammadu Buhari (as he then was) military’s inglorious epoch or from January
1984-August 1985; have also become widespread in the past 20 months of his
current civilian Presidency or from 1st June 2015- 31st
January 2017.
Of the existing four generations of human rights locally and
internationally, the civil and political rights; constitutionally tagged living
rights or justiciable are the worst violated by the current civilian Presidency
of Muhammadu Buhari. Our Report, which is divided into text and photo segments,
empirically found that average of 550 defenceless and unarmed citizens were
slaughtered, butchered or shot dead in each of the past 20 months of the
Buhari’s civilian Presidency covering June 2015 to January 2017.
A total of over 11,000 criminal or unlawful deaths were also
recorded in the said past 20 months. This is the highest in the history of
democratic Nigeria; particularly under a non war situation. The most shocking
part of it is that the central Government of Retired Major Gen Muhammadu Buhari
and its security agencies particularly the Army, Police and Air Force are
collectively responsible for about 52% or over 5700 while the Nomad Fulani and
the Boko Haram terrorists accounted for the remaining 48% or over 5300 others.
Over 2000 Christian lives were also lost to Nomad Fulani Jihadists
in Nigeria in 2016 alone, with at least 850 killed in Southern Kaduna while
over 1200 others took place in Benue, Enugu, Taraba, Nasarawa and Plateau
States, etc. Over 800 criminal deaths associated with killing of Christians
took place in the last six months of 2015. Even the Buhari Administration
through its National Emergency Management Agency (NEMA) and its Kaduna State
counterpart-SEMA, had on their part, claimed that 376 persons were killed in
Southern Kaduna between May and December 2016. They also labelled the killing
of Christians by untouchable Nomad Fulani Jihadists as “communal clashes”.
In January 2017 alone, over 350 defenceless citizens lost their
lives to wilful air bombing by the Nigerian Air Force, Pro Trump Rally killing
by Nigerian Army and Nomad Fulani and Boko Haram Jihadism. The Buhari
Administration’s warped report with mangled figures on Southern Kaduna
Christian butcheries is contained here: http://www.dailytrust.com.ng/news/general/376-killed-in-southern-kaduna-in-6-months-report/183924.html.
Through custodial killings arising from torture and wilful custodial
shootings, not less than 4000 criminal deaths may most likely have been
recorded in the hands of Police SARS, SCIDs and the Army across the country in
the said past 20 months; on average of 200 per month or six per State monthly. A
clear case of custodial killings in Nigeria was the Ezu River saga of 19th January 2013 in Anambra State of Nigeria
where between 30 and 40 lifeless bodies strongly believed to be victims of
Anambra State Police SARS extra judicial executions were found floating in Ezu
River.
Another newest case is contained in the recent Amnesty International
Special Report for 2016/7 in which it found that “not less than 240 civilians
including 29 children and babies, aged between new born and five years, died in
2016 in the Nigerian Army detention custody at the Giwa Military Barracks in
Maiduguri, Borno State and were secretly buried in Maiduguri’s cemetery by the
Borno State Environmental Protection Agency staff”. Reference:http://sunnewsonline.com/29-children-211-others-die-in-military-cells-in-nigeria-amnesty/
Yet
another case in point was the recent arrest of six operatives of the Special
Anti Robbery Squad (SARS) of the Anambra State Police Command at Awkuzu:
namely- Adolphosus Dimgba, Gabriel Imafidon, Chukwudili Oyenka, Pat Amadike,
Usman Bala Hamza, Theodore Igiede and Amechi Ebere Okonkwo. The torture and
murder culprits were arrested on IGP’s order for torture and murder in custody
of Citizen Ejike Bob-Manuel on 16th February 2016. The deceased was
arrested, detained, tortured and murdered in captivity following a business
dispute with the mastermind, Mr. Jerome Aghachukwu; leading to a petition
written to Nigeria Police Headquarters by the Joint Legal Action Aids (JLAA)
led by Barr Kingsley Ughe.
The Nigerian Army, the
Nigeria Police Force and the Nigerian Air Force and their chiefs and
commander-in-chief; on the other hand, are collectively, vicariously and
individually responsible for the State murder of at least 1750 unarmed and
defenceless citizens between 30th August 2015 and 31st January 2017
including the Rann IDP bombing by the Nigerian Air Force that killed at least
236 defenceless citizens on 17th January 2017. These State killings
did not include 240 persons including 29 children and babies that died in the
custody of the Nigerian Army in 2016 in Borno State, as exclusively reported by
Amnesty International. When added, the number of State murders under the Buhari
Administration in the said past 20 months will be 1990 deaths.
Other documented State
murders contained in this Special Report are the mass killing of 1120
defenceless Shiite Muslims and massacre of at least 270 unarmed Pro Biafra
Campaigners in the periods between August 2015 and January 2017 including 15-20
unarmed citizens or more killed at the Pro Trump Solidarity Rally on 20th
January 2017. Over 870 members and supporters of IPOB and Shiite Muslim sect
were also terminally shot and wounded by Nigerian security forces in the said
past 20 months.
Three genocides (i.e. mass killing in droves of unarmed and
defenceless members of a particular ethnic or religious group whether in war or
non war situations) and two war crimes have also been recorded
in the past 20 months of the Buhari Government or between June 2015 and January
2017. They are Shiite Muslim Procession Genocide, Pro Biafra Campaign Genocide and
Southern Kaduna Christian Genocide; as well as two war crimes involving the Rann IDP Bombing and the
Maiduguri Giwa Military Barracks Custody Killing of 240 Civilians (including 29
children and babies).
The number of citizens arrested and dumped into several months of
detention without trial in the past 20 months of the Buhari’s Government is
also alarming and shocking. The authorities of SSS are substantially
responsible for this aspect of gross abuse of the citizens’ constitutional and
legal rights; likewise muzzling of press freedoms and democratic free speeches
and reckless disobedience to court orders and other judicial pronouncements.
Incidences of harassment and intimidation of independent journalists and
bloggers have also gone viral in the past 20 months of the Buhari Government in
Nigeria. In all, the state of human rights violations under the Buhari civilian
Government is horribly and alarmingly widespread.
Recommendations:
1. International Society for Civil Liberties and the
Rule of Law (Intersociety), is calling on the central civilian Government of Retired
Major Gen Muhammadu Buhari/Federal Government of Nigeria to end the senseless
and wicked massacre by both security forces and armed opposition groups
particularly the Nomad Fulani and Boko Haram Jihadists of unarmed and
defenceless citizens individually and massively, as well as other forms of
regime atrocities that had pervaded the Buhari Administration in the past 20
months. There should also be total policy reversal including unconditional
release of all political detainees and end to policy of militarism and
militarization.
2. The Buhari Administration/Federal Government
of Nigeria should set aside $5Bliion for adequate compensation of over 1750
victims of State murders and 4000 victims of Police SARS/Army custodial
killings as well as not less than 2800 unarmed Christians killed by Nomad
Fulani Jihadists between June 2015 and January 2017.
The $5Billion
State Crime Victims Compensation Scheme, which will be subject to 50%
upward review every five years if unpaid; should be divided into four
categories of: $1Billion to members or families and group-victims (IPOB) of over
270 slain members of IPOB and other Pro Biafra Campaigners; $500Million to over
370 terminally shot and injured Pro Biafra Campaigners; $1.5Billion to 1120
slain members of the Shiite Muslims and their IMN as well as $500Million for 400 of their members
terminally shot and wounded.
The sum of
$500Million should be set aside by the Buhari Government/Federal Government of
Nigeria through its Ministry of Police Affairs for compensation of 4000 victims
who may most likely have been slain in the past 20 months, by way of custodial
killings arising from torture and wilful custodial shootings. This should be
done on the basis of proper identification of dead victims by their immediate
families and lawyers. The remaining $1Billion should be paid by the Buhari
Government to the families and the churches of over 2800 dead Christians who
are victims of the Nomad Fulani Jihadism in Nigeria since June 2015.
This is on
account of the Buhari Government’s vicarious culpability, by way of aiding and
abetting. As the national grand patron of “the Miyatti Allah Cattle Breeders
Association of Nigeria”, President Muhammadu Buhari appeared to have allowed
personal sentiments to becloud his official position as the father of the
country and protector of every citizen irrespective of his or her
ethno-religious and age background or identity. Till date, no investigations
into the killing of Christians have been carried out and concluded and the
perpetrators are still on the prowl.
3. The Buhari Government/Federal
Government of Nigeria must arrest and prosecute all the perpetrators of the
above mentioned heinous crimes perpetrated between June 2015 and January 2017.
Those to be arrested and prosecuted include the current Army Chief of Staff,
the former IGP of Police (August 2015-May 2016), the current IGP of Police, the
Chief of Air Staff, the Chief of Defence Staff,
the GOC 82nd Division of the Nigerian Army, Enugu (from
August 2015 to May 2016); the Commanders of 302 Artillery Regiment, Onitsha,
144 Battalion of the Nigerian Army, Aba (August 2015 to May 2016 or till date)
and current Commander of the 6th Division of the Nigerian Army, Port
Harcourt; as well as Major M.I. Ibrahim of the Nigerian Military Police, who
militarily led the May 29th and 30th Biafra Heroes Day
massacre in Nkpor, Onitsha and Asaba.
Others are
Commissioners of Police of Anambra and Abia States (August 2015 to May 2016), the
Aba Area Commander (between January and February 2016), the Deputy Commissioner
of Police for Operations in Anambra State between December 2015 to May 2016
(now CP Johnson Babatunde Kokomo), etc; as well as the present Governors of
Anambra, Abia and Kaduna States(for aiding the State security agencies and
criminal entities in the mass killing of unarmed and innocent Pro Biafra
Campaigners and Christian/Shiite faithful; respectively in their States).
The principal
officers of the “Miyatti Allah Cattle Breeders Association of Nigeria” should
be arrested and charged for manslaughter as well as immediate proscription of
the registered organization and presidential declaration of same as a terrorist
organization. Where the Buhari Government/Federal Government of Nigeria fails
in 90 days to bring to justice the above mentioned public office holders and
their sub commanders and foot perpetrators, as well as named non State actor
perpetrators; then the international community and other international non
State actors particularly the ICC, the UN Security Council and African regional
criminal courts, etc should act without further delays in accordance with the
International Law’s Principles of Complementarity and No Impunity.
These can be
done through establishment of the UN
Special Criminal Court for Nigeria or through ICC or African Special Criminal
Court for Nigeria or foreign countries’ municipal courts with international
criminal and civil jurisdictions. Those covered by local constitutional
immunities by virtue of their present political offices such as the
perpetrator-President of Nigeria and the three named serving Governors should
be internationally investigated and prosecuted for genocide or war crimes or crimes
against humanity or community of same.
4. The UK and other members of the European Union; the USA, Russia,
Canada, Japan, China, Brazil and India should raise a serious concern about
gross or widespread rights abuses in Nigeria particularly the mass killing of
unarmed and defenceless civilians by the Government of Retired Major Gen
Muhammadu Buhari and its security forces as well as aiding and abetting of the
mass killing of Christians and perpetration of other forms of regime
atrocities.
Beyond raising
serious diplomatic concerns, the leaders of the countries under reference
should also consider placing travelling ban on those named serving public
office holders including the immediate past Inspector General of Police as well
as other serving political appointees who are complicit. Placing embargo on
supply of Small Arms and Light Weapons (SALWs) used by the Buhari Government to
perpetrate the widespread rights abuses and other regime atrocities should also
be seriously considered by leaders of the named countries; likewise tying the
release of $672mIllion recently pledged at Oslo Summit for humanitarian
assistance in the insurgency infested Northeast to mandatory arrest and
prosecution of all those mentioned. The redemption of the humanitarian pledge
by world leaders to the Government of Nigeria must also be tied to the payment
of $5Billion compensations by Government of Nigeria to immediate families and associates
of the State and its surrogates’ crime victims under reference.
5. The Government of Muhammadu Buhari/Federal
Government of Nigeria should re-organize and restructure Nigeria’s security
establishments and their headships and revert to the constitutional
geopolitical equity and fairness in accordance with Section 14 (3) of Nigeria’s
1999 Constitution. To this effect, there shall be mass sack of the present
heads and strategic commanding officers of the Nigerian Armed Forces including
the Army, SSS and the Police so as to rid them of their present gross
lopsidedness and northern Muslim grips and dominations; which have brought
about the present grossly lopsided citizens’ policing representation and
protection along divisive ethno-religious lines.
Signed:
For:
International Society for Civil Liberties & the Rule of Law (Intersociety)
·
Emeka Umeagbalasi (Criminologist & Graduate of Security Studies)
Board Chairman
Mobile Line: +2348174090052
·
Obianuju Joy Igboeli, Esq.,
LLB, BL
Head, Civil Liberties & Rule of Law Program
Mobile Line: + 2348180771506
·
Chinwe Umeche, Esq., LLB, BL
Head, Democracy & Good Governance Program
Mobile Line: +2347013238673
·
Grace Amarachi, Esq., LLB, BL
Head, Public Security & Safety Advocacy Program
Mobile Line: +2348130821493
·
Ndidiamaka C. Bernard, Esq., LLB, BL
Head, Int’l Justice & Human Rights Program
Mobile Line: +2348067557308
