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Journal of Law, Policy and Globalization www.iiste.org ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) Vol.30, 2014 An Analysis of Human Rights Violation by the Nigerian Security Services FELIX DANIEL NZARGA School of Law, Nigerian Law School, Yola Campus Nigeria P.M.B 2171,Yola Town Postal Code 640101 *Email [email protected] Abstract This paper is aimed at examining what is human rights and what constitutes human rights violation, the analysis of various violations of human rights by the men of Nigeria security services. The paper shall look at circumstances leading to such violations, as reported by the media and the impediments to the realization of human rights, the possible prospects for its amelioration in form of recommendation. 1.0 INTRODUCTION The security services of any nation are an integral part of the society that cannot be dispensed with and their responsibilities with regard to securing lives and properties cannot be overemphasized. -This is why it is, ironical that the ones who are supposed to safe-guard and protect turn around to -trample upon and violate the rights of the citizenry. The security services in Nigeria include: The Nigerian Armed Forces i.e. Army, Air Force and Navy. The Nigeria Police Force The State Security Services (SSS) Nigerian Security and Civil Defence Corps. The Nigerian Prisons Service The Nigerian Customs. Service The Nigerian Immigration Service Some of the functions of these security agencies as provided by law include amongst others the preservation of law and order, detection of any crime within Nigeria, maintenance of internal security, the protection and preservation of all non military classified matters concerned with the internal security of Nigeria. 1 Other functions of these security agencies are defending the nation from external aggression, maintaining its territorial integrity and securing violations on land, sea or air suppressing insurgency and acting in aid of civil authorities to restore order when they are called upon to do so by the President. 2 Human Rights have been variously defined. For instance Nnamdi J. Aduba in his book defined Human Rights as those rights that are in the very nature of human persons. They define and affirm humanity, they exist to ensure that Human -Rights remain sacred and guarantee that inhumanity and injustice are prevented or redressed 3 Human Rights are rights possessed by all persons by virtue of their common humanity to live a life of freedom and dignity. 4Human Rights are universal they Are the same for everyone' everywhere. They are inalienable; they are neither be taken away nor given up and they are indivisible, there is no hierarchy among rights and no right can be suppressed in order to promote another right. 5 The United -Nations in 1987 described Human .Rights in the" following manner: Human Rights could be generally defined as those 'rights without which we cannot 1 National Security. Agency Act 2004 51 Cap N74 LFN 2 Constitution of the Federal Republic of Nigeria 19995217 (as amended) 3 Aduba, J. N, "Inquiries on Human Rights Practice in Nigeria Past, Present and Future" being an Inaugural Lecture delivered the University of Jos Inaugural lecture series, 54 on 29th June, 2012. P. 8 4Ibid 5 Ibid 1 Journal of Law, Policy and Globalization www.iiste.org ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) Vol.30, 2014 function as human beings 1 In view .or the fact that Human Rights are backed by provisions of the law, for there to be a violation of Human Rights, there must be a form of infringement of rights guaranteed under an existing law. To violate the most basic Human Rights is to deny individuals their fundamental moral entitlements. It is in a sense, to treat them if they are less than human and undeserving of respect and dignity. Examples of violations include acts typically deemed crimes against humanity such as genocide, torture, slavery, rape, deliberate starvation etc. Human rights violations cut across all spheres of man’s existence and the Nigerian security services have been accused of being one of the greatest violators of the said rights in Nigeria. 2 Having looked at what Human Rights are and what constitutes Human Rights violations, we shall consider the various violations that have been reported in Nigeria, the circumstances leading to such violations, how and when they occurred as well as proffer suggestions aimed at minimizing such violations: 2.0 ANALYSIS OF HUMAN RIGHTS VIOLATIONS IN NIGERIA The Nigeria Constitution 1999 (as amended) has captured the various human rights which the law seek to protect under section 33 to 46 which are: Right to life Right to dignity of human person Right to personal liberty Right to fair heaving Right to private and family life Right to freedom of thought Conscience and Religion Right to freedom of expression and press Right to peaceful assembly and association Right to freedom of movement Right to freedom from discrimination Right to Acquire and own immovable property anywhere in region Right to compensation (compulsory acquisition of property) Restriction on and derogation from fundamental right Special Jurisdiction of High Court and Legal and The above mentioned are the basic right, which the Nigeria Security Services never attached any importance to safeguard rather a constant violation as analyze below: 2.1 ODI MASSACRE On the 20 th of November, 1999 defenseless and unarmed civilians were massacred in Odi, a village in Bayelsa State by the Nigerian military' as an- off shoot of an ongoing conflict in the Niger Delta over indigenous rights to oil resources and environmental protections. According to Human Rights Watch (HRW), over 2,500 lives were lost in that incident.3 This was a clear violation of the right to life of the affected individuals under former President Olusegun Obasanjo. Apart from the loss of lives of the Nigerians in question, it is ,worthy of ·note that the .violation of the fundamental human rights of these people by Nigerian security agencies is to cost the Federal Government a whopping sum of N37.6 Billion 1 Ibid p.9 2 Oluwaige,1 and Anaba, I "Human Rights situation in Nigeria" The Vanguard Newspaper Friday, 5 March 2004 pp. 21-23; and 26; Agunloye, R. Y"lge's Killers May never be found" This Day Newspaper 12 September 2004 p.1 and 4; Nwokocha, J "Lagos Tragedy We want Deceased 'Families The vanguard Newspaper, 14 September 2003 P. 18; Njoku, L "Dead or Alive I want to see my Son" The Guardian Newspaper 14 September 2003 p.30; Orji, G "Police Probe Killing of General's Son" This Day Newspaper 13 September 2003 p.2; Balogun, J "State of Security in the Country" The Guardian, Friday 7 Ju1Y.2004 p.9 and 10 AI-Ghazali, M "The value of Nigerian Life" Daily Trust Newspaper Tuesday, 11 August 2009 p. 56. 3 www.en.wikipedia.org/wiki/Odi massacre. Accessed on 22/05/2013 2 Journal of Law, Policy and Globalization www.iiste.org ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) Vol.30, 2014 by way of-compensation to Odi people. 1 2.2 ZAKI BIAM MASSACRE The Human Rights Watch (HRW) again in its report of 26 October 2001 in New York condemned the massacre of over 100 civilians by Nigerian soldiers in several villages in Benue state. According to the report. Militia of Tiv ethnic group were believed to have abducted and murdered about 19 soldiers sent to restored peace in the crisis, between' the Tivs and the Jukuns. The soldiers. mutilated bodies were Later found in the village of Zaki Biam. 2 The Nigerian Human Rights group stated that the military operation which massacred the people of Zaki Biam, Vasea Anyirn Lorlo. Ugba, and Sankera begari on Monday 22 October, 2001 and was carried' out by soldiers from 23 rd Armored Brigade of the Nigerian Army, These villagers were said to have been rounded up by the soldiers for a 'meeting after which the men were separated from the others, shot and later set ablaze. This is nothing short of violation of the right to life of these victims which contravenes the 'provision of-section 33'of the 1999 Constitution of the Federal Republic ·of Nigeria as amended which provides: 3 "that every person shall be entitled to life and no one shall be" deprived intentionally of his life, save in the execution of a sentence of a court in respect of a criminal offence of which he has been found guilty of in Nigeria." 2.3 RAPE OF A THREE YEAR OLD GIRL IN .GWAGWALADA, ABUJA In 2007, a three year' old girl was raped by a- Mobile Policeman in Gwogwalada; Abuja. The officer allegedly called out the victim from her home, took her to a nearby stream and raped her. He then handed her over to a neighbor who took her to her mother. The matter was first aired on Nigerian Television Authority before it was formally taken up by the National Human- Rights Commission. 4 This was a clear violation of her right to dignity of human person as guaranteed under the constitution. 2.4 KILLING Of A THREE YEAR OLD ALONG WARRI-SAPELE ROAD On the 22 nd of December, 2010 , little Wilfred Egogo was enjoying a ride with her father and other siblings on their way home when she was hit in the head by a bullet. She slumped and died immediately. What happened was that a Mobile Policeman at a check point along Warri-Sapele rood flagged down her father and when another officer sensed that he wasn't going to stop, he pulled the trigger and the bullet hit the innocent girl.
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