Human Rights in Nigeria - Extrajudicial, Summary or Arbitrary Executions

The record of correspondence for 2007 is excerpted from the official United Nations report, A/HRC/4/20/Add.1.

Nigeria: Killings by the Police in Umuhaia, Abia State

Character of reply: Allegations rejected but without adequate substantiation

The Special Rapporteur appreciates the information provided by the Government of Nigeria. However, the SR is concerned that the account provided does not appear to reflect a thorough investigation conduct by persons independent of those alleged to be responsible.

In this connection, I would like to draw the attention of your Government to information I have received regarding recent report of extrajudicial killings by the police. According to the information received, in August 2006 four individuals were shot by police officers in Umuhaia in Abia State. The police claimed that the four men were suspected armed robbers and that they were killed in a shoot-out. Twelve other suspects, including a 13 year old boy, were detained during the same raid and were transferred to the Abia State police headquarters. On 10 August at 9 am, the police reportedly brought them out into the grounds of the Abia State police headquarters and made them sit on the ground in full view of journalists and other spectators. Reports indicate that some of the suspects were displaying gun shot wounds.

On Friday 11 August, the dead bodies of the twelve suspected armed robbers were seen dumped outside the morgue at a government hospital. Sources have reported that the bodies were brought in by the police.

The police public relations officer in charge of the Abia State Police Command reportedly said to the media that he was not aware of the deaths and that he thought the suspects were still being interrogated.

If these allegations were correct, there would be ground for serious concern. Moreover it would demonstrate a continuing pattern of the practice to which I drew attention in the report I have submitted following my country visit to Nigeria (see E/CN.4/2006/53/Add.4, para 8-18).

While I do not wish to prejudge the accuracy of these allegations, I would like to draw your Government’s attention to the fundamental principles applicable under international law to this case. Article 6 of the International Covenant on Civil and Political Rights provides that no one shall be arbitrarily deprived of his or her life.

As mentioned in my report (see E/CN.4/2006/53/Add.4, para. 43-47), it is entirely unacceptable that there are so many cases of alleged “armed robbers” killed by police officers before or after being taken into custody. The problem lies in part in the elevation of armed robbery to the level of capital offence as provided in Police Order No. 237. As I have explained in my report, this gives a justification to shoot to kill any person who has committed a capital offence and is seeking to flee. I wish to reiterate my recommendation that Public Order be amended immediately to bring it into conformity with the UN Basic Principles on the Use of Force and Firearms by Law Officials. The resulting emphasis should be on proportionality, on the use of lethal force as an absolute last resort, and only “when strictly unavoidable in order to protect life”.

I would also like to appeal to your Excellency’s Government to ensure that all deaths that occurred in connection with the incidents in the Abia State police headquarters are promptly, independently and thoroughly investigated in accordance with the United Nations Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions. This principle was reiterated by the 61st Commission on Human Rights in Resolution 2005/34 on “Extrajudicial, summary or arbitrary executions” (OP 4), stating that all States have “the obligation … to conduct exhaustive and impartial investigations into all suspected cases of extrajudicial, summary or arbitrary executions”. The Commission added that this obligation includes the obligation “to identify and bring to justice those responsible, …, to grant adequate compensation within a reasonable time to the victims or their families and to adopt all necessary measures, including legal and judicial measures, in order to … prevent the recurrence of such executions”.

It is my responsibility under the mandate provided to me by the Commission on Human Rights to seek to clarify all cases brought to my attention. Since I am expected to report on this case to the Human Rights Council, I would be grateful for your cooperation and your observations on the following matters:

1. Are the facts alleged above accurate? If not so, please describe the investigations carried out to ascertain that the allegations are ill-founded.

2. Please provide the details, and where available the results, of any investigation, medical examinations, and judicial or other inquiries carried out in relation to the killings of the above mentioned suspected armed robbers.

3. Please indicate whether compensation has been provided to the families of the victims.

Response of the Government of Nigeria dated 21 November 2006 to a letter of allegation dated 2 September 2006

The Government provided information in response to an allegation letter on alleged extrajudicial killings by the police in Abia State of Nigeria. On 8th August 2006, following a tip-off that a dangerous robbery gang was in a town called Bende in Urnuahia, a team of operatives from the Abia State Criminal Investigation Department (CID) trailed them to their hideout. However, before the police team arrived, they fled, abandoning their rifles and other robbed items. The police team further trailed them to their new location at Obokobe in Umuahia North Local Government Area of Abia State. Upon sighting the police, the suspected robbery gang opened fire and police responded in self defence. During the fierce exchange of gunfire, three of the armed robbery suspects died on the spot while nine others sustained various degrees of injury from the shootout. Before they could be given medical attention, the remaining nine suspects, who survived the shootout died as a result of the injuries they sustained. Their corpses were thereafter deposited at the Federal Medical. Centre, Umuahia for post mortem.

Contrary to the allegations, the number of persons involved in the incident was twelve (12) as against the sixteen (16) reported in some newspapers. It is also erroneous that there was a thirteen (13) year old among the deceased armed robbery suspects as they were all adults.

On the day of the incident, the Deputy Commissioner of Police, Abia State, granted a press interview on the incident and since then, no press statement was issued by the police.

Violation alleged: Non-respect of international standards relating to the imposition of the death penalty

The Special Rapporteur regrets that the Government of Nigeria has failed to cooperate with the mandate that he has been given by the General Assembly and the Commission on Human Rights.

I would like to draw the attention of your Government to information I have received regarding Mr. Shuaybu Yahaya and Mr. Sule Mai Tukwane who have been sentenced to death for sodomy.

According to the information received, on 29 June 2006 Shuaybu Yahaya and Sule Mai Tukwane were sentenced to be stoned to death for sodomy by the Gwarzo upper Sharia court, Kano State. They have reportedly not appealed their convictions and are currently held at the Central Kano prison.

If these allegations are correct, there would be grounds for serious concern. As I noted in the report following my visit to Nigeria (see E/CN.4/2006/53/Add.4, para .26-38), the characterization of sodomy as a capital offence leading to death by stoning is contrary to Nigerian federal law and to applicable international law. Sodomy cannot be considered to be one of the ‘most serious crimes’ for which the death penalty may be prescribed. It is generally understood that this category should not be defined as going beyond intentional crimes with lethal or extremely grave consequences (paragraph 1 of the Safeguards guaranteeing protection of the rights of those facing the death penalty, Economic and Social Council resolution 1984/50 of 25 May 1084). In its General Comment No. 6, the United Nations Human Rights Committee has stated that “the expression ‘most serious crimes’ must be read restrictively to mean that the death penalty should be a quite exceptional measure”. Similarly, that Committee has observed that the restriction encapsulated in that phrase cannot be interpreted as permitting the imposition of the death penalty “for crimes of an economic nature, for corruption and for adultery, or for crimes that do not result in loss of life” (CCPR/C/28/Add.15, 3 August 2003, paragraph 8).

In accordance with the recommendations contained in my report on Nigeria (see E/CN.4/2006/53/Add.4, para 104), I call upon the Federal Government to underscore the fact that the imposition of the death penalty for offences such as sodomy is unconstitutional.

It is my responsibility under the mandate provided to me by the Commission on Human Rights, and extended by the Human Rights Council, to seek to clarify all cases brought to my attention. Without in any way pre-judging the accuracy of the information received, I would be grateful for a reply to the following questions:

2. If Shuaybu Yahaya and Sule Mai Tukwane have in fact been sentenced to death for the offence of sodomy, how does Your Excellency’s Government consider that to be consistent with the applicable international legal standards?

Correspondence from 2006

The record of correspondence for 2006 is excerpted from the official United Nations report, E/CN.4/2006/53/Add.1.

Nigeria: Extrajudicial Executions in Anambra State

Violation alleged: Deaths in custody

Subject(s) of appeal: 20 males

Character of reply: Allegations rejected but without factual substantiation

Observations of the Special Rapporteur

During the Special Rapporteur’s visit to Nigeria from 27 June to 8 July 2005, he made extensive inquiries concerning the police force’s invocation of “armed robbery” as a pretext to justify extrajudicial executions. As noted in that report, the response of the Government of Nigeria concerning the executions in Anambra State is an “implausible denial”.

Allegation letter sent on 15 March 2005

20 men, namely Samuel Odoh (Nsukka-Enugu State), Chibueze Ugwueke (Abakaliki-Ebonyi State), Ugochukwu Okonkwo (Abagana-Anambra State), Oforbike Odoh (Nsukka-Enugu State), Chizoba Mbaebie (Abagana-Anambra State), Ugochukwu Anaekwe (Mba-ukwu-Anambra State), Ifeanyi Izueke (Anambra State), Ekene Ejike (Oba-Anambra State), Christian Onwe (Abakaliki-Ebonyi State), Jekwu Okoye (Awka-Anambra State), Chinedu Okolo (Enugu State), Uchenna Ubaka (Awka-Anambra State), Charles Nwaluba (Awka-Anambra State), Onyeabo Anaekwe (Onitsha-Anambra State), Leonard Obasi (Ugwuoba-Enugu State), Emeka Ofoke (Abakaliki-Ebonyi State), Chibuzo Azouzu (Agulu-Anambra State), Obiajulu (Osamala-Anambra State), Ugochukwu Nwaude (Enugu State) and Ifeanyi Nwafunanya (Awka-Anambra State) who were reportedly shot dead on 4 November 2004 by members of the Special Anti Robbery Squad (SARS) of the State police command in Awka, Anambra State. According to the information received, they were arrested by the SARS and detained in Awka Central Police Station. On 4 November 2004, they allegedly were taken out of the Police Station and lined before being shot dead. It is further reported that 6 other detainees had to carry the victims’ bodies into police vans.

Response of the Government of Nigeria dated 15 June 2005

Violent crimes especially armed robbery have always been one of the biggest problems in Ananbra State. This situation has changed considerably over the last one and half years as it has been brought under control. Before now there was considerable insecurity. Armed bandits killed, maimed and raped their victims in addition to dispossessing them of their personal effects and goods. Social life was equally paralysed as there was almost a near state of breakdown of law and order to the extent that some indigenes of Anambra State did rot only contemplate relocating but others outside the State refused to corne home. The situation was that bad. As at today, normalcy has been restored through the combined efforts of the Nigerian Police and other security agencies in Anambra State, the various Local village groups that work under close supervision of the Nigerian Police, and the generality of the people. This fact can easily be verified from indigenes of Anambra State.

A total of about five thousand (5000) armed robbery cases are under investigation and awaiting trial in different courts (see attached Appendix A of cases in court). It is also true that a number of armed robbers were killed by the Police during exchange of gunfire after the Police had been alerted by their victims. Some of them were killed while exchanging fire with the Police. Bodies of all such robbers are usually deposited by the Police in mortuaries of government hospitals and subsequently given burial, by hospital authorities. There is always a coroner's inquest/post mortem examination report, while the case files are forwarded to the office of the Director of Public prosecution for vetting and advise.

The Police also suffered heavy causalities in the band of armed robbers.

It is not true that the anti-robbery section of the State ClD Awka, executes and executed armed robbery suspects in the manger alleged by the Petitioner. For the avoidance of doubt, none of the persons listed in the petition or any other persons for that matter were: executed or killed by the police on the 4th November, 2004. It is instructive, to note that the petitioner did not indicate the venue of the execution, the names of the other detainees that carried the corpses into waiting police vehicles, and the final destination of the corpses. It is not possible to publicly execute and in addition, secretly bury as many as twenty (20) persons without members of the public knowing it and protesting in a densely populated, heavily built up small suite like Anambra State.

In Conclusion, the operations of the Nigerian Police Force in Anambra State and the entire country are guided by laws with which the Police are directly charged, foremost of which is the Constitution of the Federal R.epublic of Nigeria 1999 that emphasizes respect for fundamental human rights of citizens in its chapter two.

Every effort therefore by the Nigerian Police to keep Nigeria safe for all, foreigners inclusive should be commended and supported. The petition is not only frivolous, diversionary, and false but calculated to encourage criminality especially violent crimes. It should therefore be discountenanced.

Correspondence from 2005

The record of correspondence for 2005 is excerpted from the official United Nations report, E/CN.4/2005/7/Add.1.

Type, date and summary of communication: Urgent appeal sent with the Special Rapproteur on freedom of religion or belief, the Special Rapporteur on torture, the Special Rapporteur on violence against women, 26 October 2004. Ms. Hajara Ibrahim, aged 18, from Lere Local Government Area of Bauchi State, and Ms. Daso Adamu, aged 26, from Ningi Local Government were both sentenced to death by stoning by sharia courts in Bauchi State following trials which were considered as unfair by their current legal representatives. On 5 October 2004, Hajara Ibrahim was sentenced by a sharia court in Tafawa Balewa, after she reportedly confessed to having had sex out of wedlock. According to the sharia court judge, the sentence was subject to the approval of the Governor of the Bauchi state. Ms. Ibrahim is currently seven months pregnant, and her sentence is supposed to be carried out after she delivers the baby. The alleged father of the child was acquitted for lack of evidence. It is further reported that, with the help of a local non-governmental organization (NGO), Hajara Ibrahim appealed the sentence. Her appeal is scheduled for a hearing on 25 October 2004. On 15 September 2004, Daso Adamu was handed the same sentence by a sharia court of Ningi area for extramarital relations. The man whom she had sexual intercourse with was acquitted for lack of evidence. She was detained in Ningi Prisons with her three-month-old daughter, and released on bail following the intervention of the local NGO. She has appealed her sentence, and her case at the Upper Shari’a Court, Ningi was adjourned till 3 November 2004.

Correspondence from 2003

The record of correspondence for 2003 is excerpted from the official United Nations report, E/CN.4/2003/Add.1.

On 26 March 2002, the Special Rapporteur, jointly with the Special Rapporteur on torture and the Special Rapporteur on violence against women, sent an urgent appeal to the Government of Nigeria relating to Amina Lawal, who was reportedly sentenced to death by stoning on 22 March 2002 by a Shariah court at Bakori in Katsina State, after she confessed to having had a child after she was divorced. According to the information received, the man named as the father of her baby girl denied having had sex with her and the charges against him were discontinued. In the northern Nigerian states that apply Shariah, pregnancy outside of marriage constitutes sufficient evidence to convict a woman of adultery. Consequently, under the applicable procedural rules, Ms. Lawal reportedly has 30 days in which to appeal her sentence.

On 11 July 2002, the Special Rapporteur sent an urgent appeal to the Government of Nigeria relating to Yunusa Rafin Chiyawa who was reportedly sentenced to death by stoning on 21 June 2002. According to the information received, the Shariah Court of Ningi in Bauchi State found Mr. Chiyawa guilty of adultery, following his confession of having had sexual relations with his friend's wife in the village of Alkaleri. It is reported that Mr. Chiyawa was not represented by a lawyer during his trial. The same court had previously freed the woman involved, after she allegedly swore before the court that Mr. Chiyawa had put a spell on her. The judge reportedly concluded that the woman had suffered temporary insanity and therefore would not be punished for committing adultery. Although Mr. Chiyawa was given 30 days to appeal the sentence, he allegedly stated that he did not wish to do so.

On 20 August 2002, the Special Rapporteur, jointly with the Special Rapporteur on violence against women, sent another urgent appeal to the Government of Nigeria regarding Amina Lawal, on whose behalf the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Rapporteur on torture and the Special Rapporteur on violence against women had intervened by letter dated 26 March 2002. According to information received, on 19 August 2002, the Islamic court of appeal in Funtua, Katsina State, upheld the original sentence of stoning to death against Ms. Lawal. It is reported that when handing down his verdict, the appeal court judge, Aliyu Abdullahi, stated that the sentence was to be carried out in January 2004 after Ms. Lawal's eight-month-old daughter, Wasila, had been weaned. Advocates for Ms. Lawal, including the Federal Minister for Women's Affairs, have reportedly declared that they intend to appeal the sentence to the Supreme Court in Abuja within 30 days.

On 30 August 2002, the Special Rapporteur, jointly with the Special Rapporteur on the independence of judges and lawyers, sent an urgent appeal to the Government of Nigeria relating to Ahmadu Ibrahim, aged 32, Fatima Usman, aged 30, and Mallam Ado Baranda, aged 54, who have reportedly been sentenced to death by stoning. According to the information received, these death sentences were to be carried out at any time. The three reportedly did not have any legal representation during their trials when the sentences were handed down. Mr. Ibrahim and Ms. Usman, from New Gawu in Niger State, were reportedly both arrested and charged with adultery following a police officer's report, which was brought to court in May 2002. It is reported that their initial sentence was five years' imprisonment and a fine of N 15,000 (around £ 75). Nevertheless, the state judiciary called for a retrial as it considered the sentence to be a lesser punishment than was deserved and that was prescribed under an “old law”. Mr. Baranda is reported to have been sentenced to death by stoning in Jigawa State for the rape of a nine-year-old girl. He had 30 days to appeal the sentence, which was handed down in July. He has allegedly confessed to the crime and has refused to appeal his conviction.

On 27 November 2002, the Special Rapporteur sent an urgent appeal to the Government of Nigeria concerning reports that a fatwa, which was subsequently supported by senior government representatives, was issued against a journalist, Isioma Obasanjo Daniel, asking “true” Muslims to kill her for having used derogatory remarks against the Holy Prophet Muhammad.

Correspondence from 1983-2002

The United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions has been corresponding with Governments regarding alleged violations since the mandate was established over two decades ago. While the Project on Extrajudicial Executions is making efforts to provide easily browsed versions of as many years as possible, much of the earlier correspondence is available only in the PDF versions of reports from 1983 to the present.

Nigeria: Visits & Communications

Country Visits

Correspondence from 2007