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Tag: Chidi Odinkalu

  • NHRC on ‘Apo eight’

    NHRC on ‘Apo eight’

    •Security forces should pay fine or appeal verdict

    National Human Rights Commission’s (NHRC) indictment of the security agents who carried out an operation that led to the death of eight squatters in the Apo district of Abuja in 2013, is a serious matter; it should not be swept under the carpet. We have had too many cases of extra-judicial killings in the country and it is high time we started punishing the culprits.

    The eight persons were killed in an uncompleted building in the Apo district on September 20, last year, when security agents, comprising operatives of the State Security Service (SSS) and the army stormed the place, ostensibly to arrest an alleged Boko Haram leader, Suleiman R-Kelly, said to have buried arms in the Apo Cemetery. The SSS was later to say that the eight were killed when suspected Boko Haram members in the building opened fire on the troops, who had no choice than to retaliate in self-defence.

    The NHRC however decided to conduct a public hearing into the matter when members of the National Association of Commercial Tricycle and Motorcycle Owners and Riders Association (NATOMORAS) said the slain men were its members and that the attack was unprovoked. A panel of the NHRC, including the chairman of its governing council, Prof. Chidi Odinkalu, and the executive secretary, Prof. Bem Angwe, took submissions from parties involved in the matter, including the SSS, the army and NATOMORAS members.

    The panel rejected the submission of the security agents that the eight men were killed in self-defence., “They were, therefore, protected, civilian non-combatants, the NHRC said.” It added that “Taking account of all the circumstances in this case, the application of lethal force was disproportionate and the killings of the eight deceased as well as injuries to the eleven survivors were unlawful.”

    It is gratifying that the commission was able to see the case to a logical conclusion. There have been too many cases of summary executions by almost all segments of our military personnel as well as the police that never went beyond being reported in the media and we moved on as if such was the norm rather than the exception. Many of such incidents involving especially the police had been attributed to accidental discharge. We cannot continue to condone such wanton killings of innocent Nigerians, especially by those paid to protect them.

    For sure, the era of the ‘unknown soldier’ is gone; those who released the shots that killed the Apo eight’ must be fished out. The killings fell short of our expectations from our military, especially in a democratic dispensation. It is therefore not enough to order the Federal Government to pay N135m as compensation to the victims – including N10m for each of the deceased persons, as well as N5m to each of 11 injured survivors; as the commission recommended; the individuals involved must be identified and stripped of their institutional garb. They must be made to account for their actions.

    We commend the NHRC for rising to the occasion by conducting a public hearing into the matter in line with its constitutional mandate. We also commend it for making it known that the security agents did not have the right to banish the other squatters who were arrested during the operation, and ‘banished’ from the Federal Capital Territory. “There is no basis in law for confining detainees freed by the respondents to internal banishment,” the commission said. The point must be made that no one, including our military, has the right to kill extra-judicially or be trigger-happy. As things stand, the security agencies should appeal the decision or pay the fines and release the culprits for necessary trials in our law courts.

  • NIS deaths: Commission Chair, 54 others want Minister, Controller sacked

    NIS deaths: Commission Chair, 54 others want Minister, Controller sacked

    About 55 eminent Nigerians, including senior lawyers and politicians have asked President Goodluck Jonathan to sack the Minister of the Interior, Comrade Abba Moro and the Controller –General of Immigration, David Shikfu Parradang over Saturday’s death of some job seekers across the country.

    About 19 people were reported dead across the country during a recruitment exercise by the Nigerian Immigration Service (NIS).

    In a statement issued Sunday  evening by the Chairman, National Human Rights Commission (NHRC), Dr Chidi Odinkalu, but jointly signed by the 55 eminent Nigerians, they blamed Moro and Parradang for the shoddy handling of the exercise.
    They urged the Attorney-General of the Federation and the Inspector-General of Police together with the Director-General of State Security Service to launch a joint criminal investigation into the deaths of the job seekers.
    They faulted the Minister’s reaction to the incident, arguing that he ought to sympathise with the families of the deceased rather than blame them for the unfortunate incident.
    The statement reads: “On Saturday, 15 March 2014, hundreds of thousands of job-seekers attended job-seeking examinations organised by the Nigeria Immigration Service (NIS) in different centres in Nigeria to fill 4,556 vacancies. The NIS is supervised by the Ministry of the Interior.
    “The Ministry and the NIS had compelled each job seeker, as an eligibility condition for participating in this hire process, to pay the sum of one thousand Naira (N1,000). There is no evidence that these sums were remitted to the Federation Account as required by law.
    “In most places, these job-seeking examinations took place in stadia, suggesting that the organisers anticipated large turn outs. Inexplicably, they failed to make adequate or any arrangements for crowd management and control.
    “At different centres around the country, including Abuja, Benin, Kano, Minna, and Port-Harcourt, many job-seekers, including pregnant mothers, were killed and lots more were injured in stampedes caused by grossly negligent and uncaring ground arrangements.
    “This tragedy was needless, foreseeable, and avoidable. The failures of the Ministry of the Interior and NIS to adequately manage the process and safeguard the safety and security of the jobseekers is inexcusable.
    “The deaths that resulted from these failures, therefore, were unlawful. If the lives of Nigerians mean anything, the leadership and management teams in the Ministry of the Interior and the NIS must be held to account for these deaths.
    “In his reaction to the deaths, Minister of the Interior, Comrade Abba Moro, accused the victims of ‘impatience,’ claiming that the deaths resulted because ‘they did not follow the laid down procedures spelt out to them before the exercise.’
    “The effort by the Minister responsible for citizenship in Nigeria to blame the victims rather than take responsibility shows a callous disregard for the lives of Nigerians incompatible with his high Ministerial brief. It brings public service into disrepute.
    “In the circumstances, we the undersigned, as citizens of Nigeria, respectfully demand that:
    *The Minister of the Interior, Comrade Abba Moro; and the Controller –General of Immigration, Mr. David Shikfu Parradang, be immediately relieved of their positions;
    *The Honorable Attorney-General of the Federation and the Inspector-General of Police together with the Director-General of State Security, should launch a joint criminal investigation into the deaths of these jobseekers;
    *An independent audit should immediately be instituted into the monies made by the Ministry and the NIS from the jobseekers and criminal investigations should be commenced as appropriate;
    *Government should demonstrate a readiness to address the problem of youth unemployment as a national security priority through a partnership involving the agricultural sector, public sector, private sector, voluntary sector, and multi-laterals.
    “To the families across the country bereaved as a result of these and other on going challenges in our country, we take this opportunity to transmit heartfelt condolences and pray for the peaceful repose of the souls of our deceased brothers and sisters.”
    The statement was signed by Alhaji Bashir Othman Tofa, Dr. Ayesha Imam, Dr. Jibrin Ibrahim, Dr. Ishiyaku Mohammed, Dr. Chidi Anselm Odinkalu, Mr. Olusegun Adeniyi and Dr. Hussaini Abdu.
    Others are Mr. Femi Edun, Dr. Abubakar Siddique Mohammed
    10. Mal. Abba Kyari
    11. Dr. Kole Shettima
     12. Mrs. Maryam Uwais
    13. Prof. Ebere Onwudiwe
    14. Mal. Nasir Ahmed El-Rufai
    15. Hon. Yusuf Tuggar
    16. Mr. Yemi Candide-Johnson, SAN
    17. Alhaji Tajudeen Fola Adeola
    18. Waziri Adio
    19. Alhaji Bashir Yusuf Ibrahim
    20. Iniruo Wills
    21. Mrs. Ayo Obe
    22. Yunusa Yau
    23. Nasir Ladan
    24. Dr. Jeremy Weate
    25. Prof. Nsongurua Udombana
    26. Dr. Charmaine Perreira
    27. Saka Azimazi
    28. Dr. Bibi Bakare-Yusuf
    29. Mrs. Funke Adekoya, SAN
    30. Jibrin Okutepa, SAN
    31. Chief Ziggy Azike, KSC
    32. Roland Ewubare
    33. Mrs. Stella Ugboma
    34. Prof. Ernest Ojukwu
    35. Chukwuma Odelugo
    36. Dr. Solomon Ebobrah
    37. Afolabi Kuti
    38. Mrs. Victoria Ibezim-Ohiaeri
    39. Ms. Seember Nyagher
    40. Dr. Joan Oviawe
    41. Ikeazor Akaraiwe
    42. Auwal Musa (Rafsanjani)
    43. Doueyi Fiderekumo
    44. Dakorim Boma Odunuga
    45. Alaezi Nmezi
    46. Dele Aloko
    47. Mrs. Ozioma Izuora
    48. Ms. Lola Shoneyin
    49. Mal. Bilya Bala
    50. Dr. Aliyu Modibbo
    51. Uba Saidu Malami
    52. Obinna Anaba
    53. Ms. Wumi Asubiaro
    54. Alhaji Suleiman Adamu
    55. Mr. Obi Akaraiwe

  • Nigerian laws encourage rape of children, says NHRC chief

    The Chairman of the National Human Rights Commission (NHRC), Prof. Chidi Odinkalu, has said Nigeria’s anti-violence laws against women and children indirectly encourage the rape of children.

    Odinkalu spoke yesterday in Abuja at a Policy Dialogue on Gender-Based Violence Affecting Young People in Nigeria, organised by Women Arise for Change Initiative, led by Dr. Joe Okei-Odumakin.

    While the law specifies life imprisonment for the rape of women, the law, the agency chief noted, only specifies 14 or seven-year imprisonment for the rape of a child.

    He explained that rape is rape, irrespective of the age of the victim.

    Odinkalu faulted the rape of children, saying it is ‘defilement’.

    He said: “It is important that we address the law reforms. It is important to recognise the parity of the crime of rape. Why is it that the rape of children is easier than the rape of adults? It is because our laws create incentives to rape children. If you rape a child, it is not rape; it is defilement.

    “And the punishment for rape is life imprisonment while the punishment for defilement is 14 years or seven years, depending on where you are. That is wrong. We have got to create a serious disincentive.”

    “It is amazing how we have tolerated this – that children can be defiled on a large scale because our laws say so. Why can’t we begin by saying that if you rape a child you go to jail for life?

    “Our laws are outdated on the question of violence. …You saw people forcing objects into a woman’s genital and our law does not recognise that as rape! Something is wrong because we define rape as penetration of a woman’s genital with the male genital.

    “It is only Lagos, for now, that recognises rape for what it is: the penetration of somebody’s genital with any instrument, irrespective of whether it is male genital or not.

    “A lot of these happen in the family: the violence against young people, sexual violence. And violence against women is the violence of people who we are supposed to love, care for and give everything to.

    “In most cases, we tolerate it because we say it is in the family and we should allow it to go for the sake of peace. That is the peace of the graveyard, and it is a peace we must resist.”

     

     

    According to him, steps should be taken to address Nigeria’s criminal justice system.

    Odinkalu called for special training of people to handle violence against women.

    The agency chief said this should not only be seen as criminal justice issue but also as a social, medical and adaptation issue.

    A Women’s Ministry, he said, should be established, and should not just be seen an appendage of the First Lady’s offices.

    Odinkalu said: “Since (the late) Mariam Babangida, I think we have been irresponsible with the way we managed the office or situation of the First Ladies. It is important to recognise that First Ladies have responsibilities and it is good to see First Ladies discharge those responsibilities.

    “We cannot generalise. There are good people in the system and there are terrible people in the system. There are several points of responsibility and there is a failure of responsibility in the system.”

     

    Speaking at the occasion, the Minister of Information, Labaran Maku noted that social violence us not only about Nigeria but a global phenomenon.

    According to him, the government has done many things to break barriers against women.

    He called for increased attention in order to place violence against women on the front burner in order to boost development in the society.

    “No society is free of certain injustices, but we need to work on our society to deal with these issues. Government alone cannot do everything. You must have social volunteers to assist in monitoring everything. Laws are not enough, there is need for sensitisation and awareness to win over hearts.” He stated

    The Force PRO, Frank Mba, who represented the Inspector General of Police, Mohammed Abubakar, noted that domestic violence has gone beyond the normal definition of crime.

    He said the Police Force has drawn a line between what is called a family affair in violence against women and domestic crime.

    He said officers have been directed not to traet domestic crime as family affairs.

    “Our challenges in the past included a lack of forensic evidence. But we have how developed new investigative models and created new units to handle these gender issues.” He said

    Noting that gender based violence is on the rise in the country, Dr. Odumakin said that the aim if the dialogue is to identify the existing gaps and to help build consensus towards eradication of violence against women and children in the country.

    According to her, the final dialogue will be held in June and a final document will be produced to articulate the position of the group.

     

  • Apo killings: Victims want N500m compensation

    Victims of the September 20, 2013 killings in Apo, Abuja, have demanded for N500million compensation from the Federal Government.

    The Chairman, Governing Board of National Human Rights Commission, Chidi Odinkalu, made this known on Wednesday at the public hearing organised by the commission.

    Odinkalu said the demand was made by National Commercial Tricycle and Motorcycle Owners and Riders Association of Nigeria on behalf of the victims in the course of the commission’s investigation.

    The chairman sought to know from the State Security Service (SSS) if it was ready to pay compensation to victims.

    Responding, Counsel to SSS, Mr. Charles Osagie, said SSS had no problem compensating victims.

    He, however, said that it would depend on the verification that victims were innocent and that they were hit by bullet from security operatives.

    “We need to first ascertain and determine whether those people who were killed were actually innocent individuals. That is the first step.

    “Until you reach that conclusion, you cannot be talking about compensation or damages, and on the very day of the operation even after the shooting was over we did make some arrests.

    “So, it is difficult for anybody to be conclusive until a thorough investigation is carried out.

    “It is also necessary to ascertain the culpability of the individuals that died at the incident to determine their link to Suleiman, who is at large,” the News Agency of Nigeria quoted the counsel as saying at the hearing.

    He said it was difficult to ascertain if victims were innocent, given the manner in which they were buried.

    He also said the institution would only take responsibility when it could be ascertained that victims were killed by bullet from security operatives.

     

     

  • Chime’s wife stirs fresh controversy

    Chime’s wife stirs fresh controversy

    •Says I’m victim of a crime

    •Demands retraction of NHRC’s health statement

    •Commission’s chairman clarifies position

    THE wife of the Enugu State governor, Mrs. Clara Chime, yesterday joined issue with the National Human Rights Commission (NHRC) on its handling of her petition about her ordeal in Government House, Enugu.

    She faulted the Commission for denying that she was “illegally confined” and ”subjected to some form of ill-treatments” by the governor.

    The NHRC’s pronouncement on her state of health did not also sit well with her and she accused it of misleading the public on her true state of health.

    But the commission defended itself in a statement by its Chairman, Professor Chidi Odinkalu.

    He said at no time did the Commission make any pronouncement on Mrs. Chime’s health condition since its investigation team to Enugu did not include medical experts.

    Media reports had quoted the team leader as saying Mrs. Chime suffers from depression and hallucination.

    In two letters written to the NHRC Chairman yesterday through her lawyer, Mr. Femi Falana (SAN), Mrs. Chime expressed disappointment to “read what has been narrated by the Human Rights Commission.”

    “Apart from the fact that the information was largely false, it showed lack of sensitivity in publishing sensitive medical detail,” she said.

    This, according to her, “has the effect of tarnishing and damaging my reputation. It is as though the Commission set out to ridicule me.

    “I made it clear to them that I had a nervous breakdown and found it inexplicable as to how hallucinations featured as part of my symptoms.

    “It is important to make this clear so that the public should be made aware of this and that the Commission should recognise part of her ethos in protecting human dignity.

    “It has been suggested by some quarters that the Commission appears biased already because of the profile of the person whose reputation is at stake.

    ”I want to believe that the Commission would approach my case with open mind and in particular recognise me as a victim of crime.

    “I hope that common sense would prevail and that the Commission should now retract the damaging publication and stop stigmatising me,” she said.

    The NHRC Chairman said: “As a practice, cases and complaints received by the Commission are processed in accordance with the National Human Rights Commission Act (as amended) and with the Standing Orders and Rules of Procedure of the Commission.

    “Having carefully reviewed the work so far undertaken by the staff of the Commission, I find no basis in them for the claims or speculation widely circulated in the media that the Commission has pronounced on the state of health, physical or mental, of the complainant or indeed of any other party in this case.

    “The Commission takes seriously its responsibility to fully respect the confidentiality of parties before it and to reach its decisions only on the basis of law and evidence.

    “I should clarify that the team that the Commission sent to Enugu did not include any medical personnel. It had neither a mandate nor the expertise to pronounce on such matters and has clearly not done so. This is evident on the face of the statement by the Executive Secretary.”

    He said allegations that the Commission “may have been compromised in the conduct of the case are both factually inaccurate and manifestly unfounded.”

    Governor Chime had on Tuesday told reporters in Enugu that his wife had health challenges that warranted giving her round- the- clock monitoring and close attention.

    Mrs. Chime was present at the occasion as were her mother, and brother.

    She admitted that she was medically challenged.

     

  • NHRC to hold hearing on demolitions

    Nigerians with complaints of forced evictions from their properties now have the opportunity of seeking redress, the National Human Rights Commission (NHRC) has said.
    Come next month, the commission will begin a nationwide Public Inquiry on Demolitions, to be presided over by a three-man panel led by NHRC Executive Secretary, Prof. Ben Angwe, meant to address complaints.
    Conscious of the overbearing effect the allegations demolitions and forced evictions have on the fundamental rights of the affected communities, particularly their rights to life, adequate housing, dignity of human person, as enshrined in the 1999 Constitution and regional and international human rights instruments, it was one of the key issues raised at Nigeria presentation of its human rights protection’s scorecard at the ongoing United Nations Human Rights Council Universal Periodic Review (UPR) session in Geneva, Switzerland.
    The session called on government’s inquiry into the complaints  to address and protect the Housing Rights of its citizenry.
    According to NHRC Chairman, Prof Chidi Odinkalu, who addressed the press in Geneva, the hearing is part of government’s efforts and commitment at ensuring that the rights of its citizenry are protected.
    Earlier in the year, the commission had visited Mapep in the Federal Capital Territory (FCT); Badiya in Lagos and Water Front in Rivers State.
    The public inquiry which will begin in Lagos on November 18, according to Odinkalu  are also  scheduled to hold in Enugu, Kano and  FCT.