Nigeria: I can kill you and nothing will happen

Civil Liberties Organisation (CLO)

A Report Of Extra-Judicial Killings And Impunity By Law Enforcement Agencies In Nigeria Between
May 1999- June 2005

June 2005

“On one occasion in early 2003, a team of about 7 mobile policemen arrived the PARKLANE Hospital Enugu, at about 12 pm with about 6 corpses. They ordered the hospital authorities to receive them. The Chief Medical Director (CMD)l explained that his mortuary has been burnt down by a mob earlier in the month. He advised that they should take the corpses to another hospital. The policemen would not hear of this. They gave the Chief Medical Director a twenty minute ultimatum falling which they will offload the corpses in the hospital premise. According to the leader of the team, an ASP r” we have done our job. our job is to kill robbers, yours is to dispose them”. At the expiration of the twenty odd minutes, they offloaded the corpses and dump them in the hospital premises and drove away.”

TABLE OF CONTENTS

INTRODUCTION 3
1. BACKGROUND 5
2. ROAD BLOCK KILLINGS. 8
2.1 MICAH CHINWENDU 8
2.2 APO KILLINGS: 9
3. SUMMARY EXECUTION OF SUSPECTS AT POLICE STATIONS 10
3.1 THE NSUKKA KILLINGS 12
3.2 KADUNA KILLINGS 13
3.3 EKE NWOSE 15
3.4 CHIUDO EGBUCHILAM 15
3.5 TOMA EDAFE 16
3.6 VITUS OBI 17
4. REVENGE KILLINGS 19
5. OTHER KILLINGS: 20
5.1 EKITI KILLINGS. 20
5.2 OGBAKIRI KILLINGS. 21
6. EXTRA JUDICIAL KILLINGS BY ARMED FORCES. 21
6.1 ODI KILLINGS 21
6.2 BENUE MASSACRE 23
6.3 OTHER KILLINGS BY SOLDIERS 24
7. GOVERNMENT RESPONSE 25
8. OBLIGATION OF THE NIGERIAN GOVERNMENT UNDER INTERNATIONAL LAW. 26
9. OBLIGATION UNDER NIGERIAN LAW 28
10. OTHER POLICE KILLINGS DURING THE PERIOD 29
11. CONCLUSION/RECOMMENDATION. 33
APPENDIX 34
APPENDIX I: CIVIL LIBERTIES ORGANISATION 12 POINT PROGRAMME FOR THE PREVENTION OF EXTRA JUDICIAL KILLINGS. 34
APPENDIX 11. DECLARATION ON THE PROTECTION OF ALL PERSONS FROM BEING SUBJECTED TO TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT 36
APPENDIX III: UNITED NATIONS CODE OF CONDUCT FOR LAW ENFORCEMENT OFFICERS 38
APPENDIX IV: UNITED NATIONS PRINCIPLES ON THE EFFECTIVE PREVENTION AND INVESTIGATION OF EXTRA-LEGAL, ARBITRARY AND SUMMARY EXECUTION. 39
APPENDIX V: UNITED NATIONS PRINCIPLES ON THE USE OF FORCE AND FIREARMS BY LAW ENFORCEMENT OFFICIALS 42
APPENDIX VI: NATIONAL ALERT ON TORTURE AND EXTRA JUDICIAL KILLING IN NIGERIA (NATEK) 45
APPENDIX VII: ABOUT CIVIL LIBERTIES ORGANISATION 46

Introduction

The type of police a nation gets may not be totally disconnected from the nature and attitude of its government or the political leadership in that country. A transparent, accountable, open and inclusive government that is popular and people focused would almost certainly among other things translate into an efficient, accountable, upright and people-friendly police service.

Rather than abate police brutality has increased becoming a recurrent decimal in the daily encounter with the public. Against general believe and calls for reform to bring about a reorientation and a humane police service, the Nigerian government continue to fail to match its spending on internal security and the police with the imperatives for police reform. The truth however is that the Nigerian government has no excuse for failing to reform the discredited police force inherited from military rulers. Rather its failure to recognize the critical importance of a motivated, professional and disciplined police service that is people friendly should be seen in the light of recurring disconnection and gaps in government priorities and development imperatives.

The systemic collapse, rot and decay in the police may have been orchestrated through the conscious initiatives of erstwhile military rulers to enervate it while strengthening quasi military and secret task forces to advance their selfish bids. However, this may not be sufficient excuse for the notoriety and grave human rights violations perpetrated by police officers.

Most killings occur in police custody. Robbery suspects are summarily executed or shot in the limbs and left to bleed to death. They are later dumped in mortuaries or buried in shallow graves to cover their traces. Many have been killed at illegal police checkpoints for refusing to provide ‘bribe’ monies. Several hundreds may also have been sent to their early graves by police officers on peacekeeping mission. The Odi killings, and the massacre in Zaki Biam in Benue state by law enforcement officers deployed to maintain peace during the social upheaval that threatened to consume the state are fresh in the minds of Nigerians.

The absence of a comprehensive record of police brutality, and extra judicial killings especially or any systematic documentation of human rights abuse by the state or any non-state actors in a manner that allows for generation of indices have slowed the fight against human rights violations by the Nigeria Police. As the phenomenon grows every Nigerian citizen is at risk of extra judicial killing or police brutality. The recent ‘Apo killing’ (of six civilians) by police officers in Abuja, among several others listed in this text is evidence of the pervasive impunity, lawlessness, and contempt for the justice system existing in the Nigeria Police. The blood chilling details narrated by survivors, relations and families of victims of police brutality interviewed by the Coordinator underlines the urgent need for government interventions.

A broad based, inclusive, comprehensive reform agenda is necessary to demonstrate government willingness and commitment to evolve a professional, disciplined, and people friendly police force for Nigerians. An exemplary and visionary leadership is equally essential to realize the reform objectives.

This report detail selected cases of extra judicial killings by law enforcement agencies since the dawn of the new government. It is based on CLO’s interview with families of victims as well as media reports. The report is written by Damian Ugwu of CLO’s Law Enforcement and Police Project and edited by Dayo Olaide, Head of Programs Unit .

1. Background
With the return to democracy on May 29, 1999 after nearly two decades of uninterrupted military dictatorship (December 31,1983-may 29, 1999) it was generally expected that the new civilian government led by President Olusegun Obasanjo would initiate reforms to bring about reorientation in the average Nigerian police; reposition the Nigeria police force to discharge its constitutional responsibility of protecting the citizenry and maintaining law and social order and defend democracy. Against the backdrop of a disrepute police force that is loathed, poorly paid and unmotivated, recklessly vengeful and unaccountable, poorly trained, fund starved and inadequately staffed to discharge its functions, it was critical for the new government to urgently address the decay in the Nigeria police force.
While the period of military dictatorship made the wanton destruction of lives and property a near State policy, the new democratic administration has quite shockingly witnessed the aggravation of this ugly phenomenon of unlawful killings of innocent civilians by security agents, especially the police. Like successive military rulers who consciously enervated the police and strengthened quasi security outfits to perpetuate themselves in office, the President Olusegun Obasanjo has failed to identify and address the critical factors responsible for the decaying Nigerian police force. Extra-judicial killings, in-custody deaths, accidental discharge, illegal roadblocks and extortion, and use of excessive force remain prevalent and recurrent in police-public encounters fanning public anger and avoidable violence condemnation for the police.
Law enforcement agencies such as the Police, Military (Army, navy), NDLEA and the various task forces like the so called Operation Restore Hope continue to operate without restraints and respect for rights of citizens committing serious human rights abuses with impunity without any government sanction. Confident of their immunity and near total absence of any control or accountability to any structure these agencies are increasingly responsible for several reported cases of human rights violations in Nigeria.
Relying on information gathered from CLO’s network of members and media report, the Civil Liberties Organisation believes that an average of five people are killed daily in Nigeria through extra judicial circumstances . The police and other security agencies responsible for most of these killings which takes place in police custodies. These statistics, are, a shameful indicator of the systemic collapse in the police force and a gradual recline into the dark abyss of impunity, recklessness and flagrant abuse of the law by the very institution charged with its protection.
While many of the victims are suspected robbers whom the police claim were shot either in a ”shoot out” to foil robbery attempts or as they attempt to escape during police investigation. There are also a growing number of innocent people especially commercial bus drivers and passengers who have fallen victims of trigger happy policemen for refusing to part with bribe money.
A large number of killings are also perpetrated in the context of “maintaining public peace”. For instance, since the inception of this administration, hundreds of civilians have been killed and thousands maimed by security agencies in Zaki Biam, Benue state in 2001, Odi in Bayelsa State in 2000, Ogbakiri, River state in 2004, Odioma, Bayelsa state in 2005. Government has justified these killings as necessary in order to avert grave danger to the Police who were originally deployed to maintain public order. Significantly, nobody has been prosecuted for these killings.
Apart from poor funding and systemic corruption which are at the roots of the problems inhibiting the evolution of a people friendly police service in Nigeria, other internalities such as inadequate training, poor remuneration, complete absence or collapse of disciplinary mechanisms, accountability, patronage and over concentration of powers, faulty recruitment procedure, weak oversight and inadequate logistics are other factors which a comprehensive and inclusive reform program must aim to address.
With the alarming increase in crime, there is a great pressure on the police to act. This climate of near hysteria has often provided excuse for the police to justify premeditated killings of “suspects” who in many instances turn out to be innocent citizens. For instance, following the spate of bank robbery incidents across the country, President Olusegun Obasanjo on June 1, 2005 summoned the Inspector General of Police, Sunday Ehindero for briefing where he handed out an ultimatum to bring the situation under control. The agitated Police boss during media briefing told the press afterwards:
”This meeting is an unusual one, unusual meeting in many respects. Within a month the presidency has given me two directives. One was in respect of attacks on luxury buses on our highways. The second is with regards to cases of robbery in banks at night….these cases have become rampant. Some commands are complacent. They just sit down and cant take initiatives…I must tell you that you have to do your duties… in any state where such a crime is reported, I will query the AIG and the commissioner of police. We will use armoured tanks you don’t need the IG to do your work for you. You have the gunners, mobilize them”
This kind of marching order to the police leadership often means that policemen are under pressure to ‘deliver’. Sometimes the police authorities issue ‘ shoot at sight’ orders to the rank and file who are known to implement the order to the latter. For instance on 11 March 2002, Tafa Balogun, the former Inspector General while visiting the Lagos command of the force, in his address to officers on the parade ground directed officers to henceforth return fire for fire without first seeking approval from superior officers when they found themselves in ‘ very difficult situations’. He said ‘ I have reminded you now that you do not need to wait any order to fire. I am giving you that order now’.
These shoot at sight orders clearly contravene both the Nigerian constitution and the United Nations Basic Principles On the Use of Force and Firearms by Law Enforcement Officials.
Perhaps the overriding factor fuelling the continued resort to extra judicial execution is the total lack of confidence in the judiciary by the police. Several police officers interviewed by the CLO complained that several robbery suspects taken to court by the police soon found their back on the streets. They complained that some of these robbery suspects are either granted bail by corrupt judges or have their cases struck out for want of evidence. This would have been after years of delay and adjournment. They cited several instances when robbers who were arrested in the past and granted bail target police officers for assassination .
Coupled with the issue of poor funding is the issue of impunity by the police. The police authorities and indeed the government have not demonstrated any sincerity in bringing the perpetrators of Extra Judicial Killings to the book. In most cases, especially the killing of robbery suspects which is known in police parlance as “sending on an errand”, victims are hurriedly deposited in government mortuaries as robbery suspects. No autopsy is ever carried out. This practice appear very rampant especially in anti-robbery formations around the country that it would nearly impossible to exonerate the police high command from the practice.
Despite publicly condemning extra judicial killings and use of excessive force by the police, police officers, especially officers in the rank and file remain in the offensive at sight, at the slightest provocations, summarily executing suspects in custody, and dumping their corpses at mortuaries or shallow graves to cover their nefarious acts while no serious effort is made by the police authority to bring perpetrators to the book or deter the actors. The police authority, the Ministry for Police Affairs, and the internal control mechanisms remain too weak to deter flagrant human rights violations in the police.
Much as the difficulty of securing the lives and property of a multi ethnic, volatile country like Nigeria is appreciated, especially given the hostile and poor working condition of an average policeman, it cannot in any way be an excuse for the rising tide of police brutality. As at now, the Nigerian police are law unto themselves.
The most glaring area of human rights violations within the period under review is that of extra-judicial killings perpetrated on a daily basis by men of the Nigerian Police Force.

* For the full report, contact [email protected]