Killing of peaceful pro-Biafra protesters in Aba is Genocide- HURIWA
Tells Army Chief; Amnesty International
The Human Rights Writers Association of Nigeria (HURIWA )
has written to the Chief of Army Staff Lieutenant General Tukur Buratai and the
global office of Amnesty International to call their attention to the genocide
by Nigerian security forces that occurred few days back in Aba, Abia State when
nearly a dozen peaceful would-be pro-Biafra protesters were killed during a
pre-rally prayer session.
HURIWA which recently visited the Army Chief to work out
possible areas of collaborative partnership to promote and protect human rights
of Nigerians told the top military commander that it was imperative that
soldiers and/or police operative who shot and killed those unarmed protesters
in Aba Abia State are identified, arrested, prosecuted and punished for these
dastardly crimes against humanity.
The Rights group told the Army Chief that since he gave the
civil society community the assurances that his leadership wouldn't tolerate
impunity and extrajudicial killings he must see this particular case as a
litmus test to prove to the World that he meant business when he promised to
maintain respect for human rights and that his operatives will stick to the
Rules of engagement and best global practices in all internal security
operations. HURIWA reminded the Army Chief that Nigeria Military is already contending
with adverse human rights image internationally and it would do the military
institution a lot of good if culprits are sanctioned for human rights
violations.
Turning to the Amnesty International, HURIWA has also written a
separate letter which it despatched to the United Kingdom global office
of Amnesty International in which it accused the Nigerian office of Amnesty
International of paying advocacy focus only to the plight of suspected Boko
Haram terrorists but looking the other way whilst unarmed pro-Biafra supporters
are massacred through state sponsored terrorism.
HURIWA said it was a case of genocide that civilians are gunned
down even whilst praying just because of their support for the release from
prolonged incarceration of the leader of the Indigenous People of Biafra
(IPOB) Mr Nnamdi Kanu. HURIWA accused the Mr Bem Angwe led Nigeria
National Human Rights Commission of bias for keeping undignified silence
whilst federal security forces turned their deadly weapons on unarmed Igbo
protesters.
The Rights group had also appealed for quick dispensation of
justice or freedom for the detained erstwhile Military Assistant to erstwhile
National Security Adviser Colonel Nicholas Ashinze who has now been transferred
to a military facility in ASOKORO Abuja from the EFCC after eight weeks of
detention withouttrial. The letter is as follows:
13th February, 2016.
The Chief of Army Staff
Lieutenant General Tukur Buratai NAM GSS PSC (+) ndc (BD)
BA(HONS) MA Mphil
Army Headquarters
Garki Area 8,
Abuja, Nigeria.
Dear Sir,
ATTENTION NEEDED IN
URGENT HUMAN RIGHTS ISSUES
We write to officially commend you for throwing your doors open
to us in the Civil/Human Rights Community to interface with your good offices
to seek for ways of mainstreaming respect for the fundamental Human Rights of
Nigerians in the Internal Military Operations of your operatives.
If you recall, during our last visit to your office we promised
to always constructively interface with your good offices to seek for quick
investigations of alleged Human Rights breaches that may occur in internal
security operations of your operatives.
We hereby write to call your attention to the recent unprovoked
killing of unarmed civilian protesters by some military operatives in Aba, Abia
State because they ( armed security forces) suspected that the civilian
peaceful protesters were agitating for the Biafra self rule as preached by the
indigenous people of Biafra- an organization whose directed (half British/half
Nigerian) Mr. NNAMDI KANU was arrested and detained for over three months and
is currently undergoing prosecution in Abuja.
We hereby state without any shadow of doubt that these killings
of scores of civilians in Aba, Abia State by security forces/military only
because they were intending to participate in a Pro-Biafra Rally, is totally
unlawful and unconstitutional because chapter four of the Nigerian constitution
gives the rights to peaceful assembly and freedom of expression to all
citizens. These extralegal killing must be investigated and the culprits
charged to appropriate legal forum for these crime against humanity.
The second matters is the prolonged detention without trial of a
serving colonel NICHOLAS ASHINZE who was picked up by EFCC kept in detention
without trial for seven weeks and was reported released to the military high
command and is said to be under arrest at a military facility.
We urge you to kindly look into this issue because Nigeria’s
image is at stake if citizens are unduly detained without proper charges filed
and without them be granted administrative bail
We have taken our time as human rights defenders to write your
good offices to use your powers to ensure that the fundamental human rights of
this Nigerian –Colonel Nicholas Ashinze is not unduly violated. We hereby
present to you legal reason why the prolonged detention without trial is
unconstitutional.
The Nigerian Constitution provides that where a person is
charged with a crime, he is to be presented within 48 hours before a
court to face charges. Anything contrary to this amounts to a breach of the
person’s fundamental human rights.
A suspect /Nigerian citizen detained has time limits which is
contained in part 30 of the Administration of Criminal Justice Act 2015 under
section 294; states that (1) where the Court, after examining the reason for
the request for remand in accordance with the provisions of sections 293 of
this Act, is satisfied that there is probable cause to remand the suspect
pending the receipt of a copy of the legal advice from the Attorney -General of
the Federation and arraignment of the suspect before the appropriate court, as
the case may be, may remand the suspect in custody.
(2) In considering whether the remand of a suspect pursuant to
subsection (1) of the ACJA, the court may take into consideration the
following:
(a) The nature and seriousness of the alleged offence.
(b) Reasonable grounds to suspect the suspect has been involved
in the commission of the alleged offence.
(c) Reasonable grounds for believing that the suspect may
abscond or commit further offence where he is not committed to custody; and
(d) Any other circumstances of the case that justifies the
request for remand.
In section 295 of ACJA, the Court may, in considering an
application for remand brought, grant bail to the suspect before it. The order
of remand of the suspect shall be for a period not exceeding fourteen days, in
the first instance.
Also where, on application in writing, good cause is shown why there
should be an extension if the Tenancy period, the Court may make an order for
further remand of the suspect not exceeding fourteen days.
Again, where at the end of the expiration of the period of
remand, the court may on application of the suspect grant bail in accordance
with Sections 158& 188 of ACJA.
Also note that at the expiration of the remand, with his trial
not commenced yet, or charge having not been filed at the relevant court having
jurisdiction, the Court shall issue a hearing notice on
(a) The Inspector General of Police and the Attorney -General of
the Federation; or
(b) The Commissioner of Police of the state, or the FCT or the
Attorney-General of the Federation.
Furthermore, where good cause is not shown for the continued
remand of the suspect, the Court shall with or without application to the
effect, discharge the suspect and he released from custody immediately. Note
that, no further application for remand shall be entertained.
With increased interest
in International Human Rights, the United Nations International
Convention on Civil and Political Rights (ICCPR), under Article
14.3 stipulates that those tried on a criminal charge are entitled to a trial
without undue delay. Requiring a speedy trial minimizes the period of
pre-trial detention. In addition, accused persons may only be detained before
trial where there is reasonable suspicion that they have committed an offence
and where the authorities have substantial reasons to believe that if released,
they would abscond or commit a more serious offence or interfere with the
course of justice. The criminal justice system should resort to pre-trial
detention only when alternative measures are unable to address the concerns that
justify the use of such detention.
In Bayo Johnson
vs. A.G of Lagos State (1997) Suit No. CA/L/334M/97 the Court of
Appeal held unequivocally that Section 236(3) of the Lagos State
Criminal Procedure Law, which permitted the use of remand order was unconstitutional.
In laying down the law, the court made the following monumental
statement:
“Before an accused is
brought before the court, it should be assumed that the case is ripe for
hearing, not for further investigation. He must not be there on mere suspicion
which cannot be regarded as reasonable suspicion under section 35 of the
Constitution.”
It becomes quite clear that there is no constitutional basis for
this practice and hence it can and should be avoided.
The audit of the Human
Rights Commission on Nigerian prisons indicated that in the South East
zone, 2526 were on holding charge with Owerri prison holding 1,179 of this
category of detainees. Furthermore, in North East Zone, about 465 detainees
were on holding charge. 300 of this category of detainees were found in Bauchi
Prison. In the South West zone, they were 1154 with 330 found in Medium prison
Akure; 4,914 were found in the South South zone, with 2543, 811,469 in Port
Harcourt, MSP Oko, and Ugwashi-Uku respectively. Similarly, in the North West
zone, they were 1600, with 795 found in Kano prison; while in the North
Central, they were 368 detainees on holding charge. This is despite the
fact that there is no provision of any law to support this action.
Olisa Agbakoba lamenting on the situation of Nigerian prisoners
engaged in a recital of rhetoric:
Our objectives are;
v To deploy the members’ creative talents as
writers to promote, protect and project the human rights of all Nigerians and
other law abiding citizens resident within Nigeria;
v To organize periodic seminars and training
workshops locally for human capital development specifically on the tenets and
ideals of Human Rights and the rule of Law;
v To attend International Workshops and
Seminars targeted at the promotion and protection of human rights;
v To conduct periodic studies on ways, means
and strategies for promoting and protecting human rights of law abiding
citizens;
v To highlight human rights challenges
confronting the persons in conflict with the law and seek for constructive
modalities for redressing such violations; and
v To recognize excellence and good governance
standards in the polity through yearly award ceremonies for exceptionally good,
tested and trusted leaders in both the corporate and public sectors. The
process of selection would be by transparent mass participation
strategies.
Be assured of our highest esteem and consideration.
________________________________
Comrade Emmanuel Onwubiko
National Coordinator