GABRIEL Ofoma smiled when the panel chairman directed that the original copy of the Certificate of Occupancy (C of O) for a plot of land he bought some years ago in Lugbe, Abuja, be handed to him by the lawyer to the Nigeria Police Force (NPF).
It was on December 3, this year, at the sitting of the Independent Investigative Panel (IIP) set up by the National Human Rights Commission (NHRC) to probe complaints of rights abuses by men of the disbanded Special Anti-Robbery Squad (SARS) and other units of the NPF.
Ofoma had petitioned the 11-member panel, headed by Justice Suleiman Galadima (retired Supreme Court Justice), alleging, among others, that a group of policemen led by Inspector Iliya Dangsedi, accosted him within the premises of the Chief Magistrate Court, Wuse Zone 6, Abuja and forced him to hand the document to them in lieu of arrest.
The complainant said he had gone to retrieve the document he earlier submitted to court as an exhibit in a criminal trial that ended with the death of the defendant, when the policemen forcibly took it from him and refused to return the C of O despite his many requests.
When the police lawyer, James Idachaba, handed the document to Ofoma, Justice Galadima said: “the matter has been put to an end.” He praised the police for complying with the panel’s order made on November 6, this year, directing the return of the document.
An elated Ofoma, on receiving the document, expressed delight and thanked the panel for its efforts.
One down, many more to go
While Ofoma’s case has been effectively brought to a close, many other complainants, now before the various panels of inquiry set up by no fewer than 21 states in the wake of the #EndSARS protests, are also hoping for some forms of closure.
According to Executive Secretary, National Human Rights Commission (NHRC), Tony Ojukwu, how the government deals with the reports of the panels would determine whether or not the spirit of #EndSARS protests has been effectively laid to rest. Ojukwu attributed the advent of the #EndSARS movement to the failure of the government to address past cases of right abuses and to create mechanisms to ensure prompt intervention where abuses occur.
“Part of the problems of this country is that we don’t do things until they get out of hand. We did not need to wait for the #EndSARS people to be on the streets. This is because the signs were there every day. These boys (SARS operatives) will see you and say, ‘I will kill you and nothing will happen.’ And they will kill you,” he said.
Ojukwu referenced the cases in the United States that led to the Black Lives Matter movement to buttress his point that human rights violations were not peculiar to Nigeria, but that the difference exists in the state’s reaction.
He noted that in other societies, officers, who are responsible for abuses are promptly subjected to disciplinary measures unlike what obtains here where “people will do things here and tell you to go to hell that nothing will happen. That was what the SARS officers were telling Nigerians. And it did seem as nothing would happen.
“This postponement of responsibilities keeps compounding the problem. Cases where people suffer human rights violations need to be promptly attended to; there needs to be closure and the consequences need to be addressed immediately. That is accountability. And, that is what is lacking in our clime here.
“When this #EndSARS started, before the disruption, I think a lot of people agreed with them. I am one of those who believe in the issues raised, because I have investigated SARS two or three times. So, there was nothing they were saying that I did not know. I can give you 20 examples on each of the issues they raised. We already have a report on it. So, it was not a matter of guess work.”
Immaturity, bane of #EndSARS protest
Ojukwu argued that, much as the #EndSARS movement succeeded in drawing attention to the culture of right abuses by security agents, those behind the movement failed to seize the momentum and concretise the gains of their protests when it mattered most.
He identified lack of strategic engagement on the part of those behind the movement, which he attributed to immaturity, as one of the major drawbacks of the whole episode, which, he noted, created the loophole which those, who later hijacked the protests, exploited.
“I think the challenge was immaturity. They have scored a lot of victories. We sat in several meetings and we said we accept the five demands they made, and we advised the government to accept these demands. It was a huge success, because it has never happened in this country before.”
Ojukwu said he had expected, at that stage, the leaders of the protesters to begin engaging with government’s representatives on how to ensure that things can be concretised, but was surprised when, “no sooner was the first set of demands accepted, the list started elongating. Before we knew it, there were other 20 demands, which were then beyond my reach.
“The young men, out of inexperience, did not know how to convert successes on the streets to concrete actions in terms of administration, policies and laws. That was the immaturity of the movement. But, these are lessons for everybody.”
Ojukwu added that another failure on the part of the youths to seize the momentum of the #EndSARS protests was when some of their representatives, invited to be part of government’s committee for the implementation of their demands, backed out.
“We invited some of them to join and be part of the reform committee, but they rejected the invitation. Some of them even went to the social media to blast us that they were rejecting government’s appointment.
“But, today, we have lost a golden opportunity. Because, if you are not around the table, it is difficult for you to influence what goes on in the room. That was immaturity and I think we have all learnt a lesson from there – to make hay while the sun shines and strike while the iron is hot.”
Ojukwu suggested that protesters must always be accorded security protection to prevent instances where protests are hijacked by individuals with ulterior motives.
Arguing that citizens possess the right to protest in a democracy, he counselled intending protesters to learn to accommodate security personnel sent to provide protection “because experience has shown that protests are always hijacked by hoodlums. You can never take it for granted that everybody in the country means well.“
‘Why NHRC did not act on outcome of SARS’ probe’
On why his agency chose to submit the report of its last SARS’ investigation to the President for implementation when the NHRC Act allows it to make awards and recommend sanctions where rights abuses are established, Ojukwu attributed it to the paucity of funds.
“It is a matter of money. Even though the commission gave that award, it was not until the Federal Government provided money to pay for it that we were able to pay. Every day, there are instances of people, who come here, who have even been given award by the court. Nobody is paying.
“That is why in this ongoing panels of investigation, the National Economic Council (NEC) directed the states to put aside N200 million to pay awards and compensations that may arise in all the states. For us, we have asked for the same amount to support the panel. That kind of money does not exist in the NHRC today.
“Until we get the money to do it, we all just need to keep emphasising this point, because these are some of the things that make it to seem as if things (complaints) are not followed up with action. If these panels, for instance, are given the resources to pay for awards or damages that are awarded, at least, there would be some closure if people go before the panels and they are compensated where awards are made in their favour. They will feel some sense of relief.”
SARS and ‘military hangover’
Ojukwu attributed the frequency of right abuses by security operatives to their inability to purge themselves of what he described as ‘military hangover.’ He assured that his agency would step up efforts at reorientating the men in uniform.
“That is the main challenge of our human rights defence in this country. This is, because, the law enforcement agents still keep feeling that nobody should challenge them. But, the question I ask them every day is: yes, we know you are doing a very important job of providing security, but are we saying because of how important it is, you can do it anyway you like?
“Immediately I ask them that question, they will be looking at me. And then, they will say you human rights people, you are supporting what is wrong, you are supporting criminals, you are threatening national security. They say all manner of things.
“But, I keep telling them that we cannot close our eyes to arbitrariness; there must be rules of engagements. And, if there are rules of engagement, they must be obeyed. They made the rules, they must obey them. They want to be doing what they like, without being checked, without being called to order, because they believe what they are doing is important. It does not work like that.”
How NHRC is handicapped
Ojukwu recalled that his agency has also been subjected to abuse by police personnel who, in March this year, attacked the headquarters building of the NHRC in Abuja, leaving behind destruction, with staff members narrowly escaping being hit by bullets.
“When the incident happened, we complained to the appropriate authorities and the Commissioner of Police for FCT apologised on behalf of the police on that. They assured us that they would deploy internal disciplinary measures against the officers that came to attack us here. Even though they have not communicated to me whether that has been done, that assurance was given to us.”
Ojukwu regretted that his agency that ought to serve as a formidable fortress where victims of right abuses could readily find succour is, itself, incapacitated owing to inadequate funding.
“Our funding is nothing to write home about. But, we are not going to stop doing our duties because we are not funded. The important thing is to work as much as you have been given. That shows that if you are given more, you will do more.
“We (the NHRC) are on the first line charge. But, the issue is, how much do they give you? We have 36 offices, plus the FCT office and the headquarters. By the time I assumed office, the budget was about N1.5 billion. We mounted pressure, and the government gave us N1b last year. And that pushed our budget from N1.5b to N2.5b.
“Then, because of COVID, they slashed it again and removed N250 million, which was across board, reducing it to N2.250b. It is now N3b this year. There is progress, but that is still inadequate. I am convinced that well-meaning people in this country believe that the NHRC should be well funded, and the reasons are very obvious every day.
“Human rights issues are not issues you can really predict. Who could have predicted COVID-19? Who could have predicted #EndSARS movement? So, this issue of adequate funding for the NHRC is a fight for all of us.
One million rights abuse petitions yearly
“The NHRC Act talks about a Human Rights Fund. It is there in the law. This fund is supposed to be donated by every well-meaning Nigerian, multi-national companies, banks and so on and so forth. Donations to that fund is tax deductible. But, nobody has dropped N10 in that fund. It is an awareness that we all must create.
“We receive about one million petitions every year. But, with inadequate funding, it is difficult to investigate every petition. Our staff are not well paid at all. We condemn the situation with the police, but our condition is not different.”
Ojukwu said the controversy over government’s plan to control the use of social media was unnecessary because the issue of freedom and social media is a constitutional matter and not about how anybody feels. He argued that democracy allows for the contest of ideas, where the government was entitled to push a position it desires without hindering the right of the people to reject such a position.
Ojukwu said he was hopeful that there would be a public hearing on any Bill that is intended for that purpose, adding that, “certainly we will be there to defend the right of Nigerians to free press as enshrined in the Constitution.
“What we encourage is responsible media engagement and if anybody acts irresponsibly on the social media, that person should be held accountable. We don’t encourage irresponsible use of the social media. And there are mechanisms to hold anybody who is irresponsible on the social media accountable.
“What we will not support is a situation where people are irresponsible on the social media and still they don’t want to be held accountable. Your right stops where my own begins. So, if you decide to use the social media to overstep my own rights, then I have a right to call you to account. The same applies to government too. If anybody oversteps his bound through the social media, the government has every right to call that person to account.
“We encourage that people should exercise their right, whether to the social media or to the traditional media, but that right has to be exercised responsibly and if anybody crosses the line, I think that person should be held accountable,” Ojukwu said.
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