Annual Report: Nigeria 2010

Report
May 28, 2010

Annual Report: Nigeria 2010

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Unlawful killings and enforced disappearances

Hundreds of people died at the hands of the police. Many were unlawfully killed before or during arrest in the street or at roadblocks, or subsequently in police detention. Others were tortured to death in police detention. A large proportion of these unlawful killings may have constituted extrajudicial executions. Many other people disappeared after arrest. The families of such victims rarely receive redress and are often left with no answers. Most perpetrators remain unpunished. Although the police have mechanisms to receive complaints from the public, these complaints are often unprocessed.

  • Police shot and injured Christian Onuigbo on 19 March while he was parking his car in Jiwa, Federal Capital Territory. He spent the night at Jiwa police station and was taken to hospital the next morning. Staff at the hospital refused to treat him without a police report, which was finally submitted at 4pm. Christian Onuigbo died the following day.
  • Aneke Okorie, an Okada (motorcycle taxi) rider, was shot after he failed to pay a bribe to the police at a checkpoint in Emene, Enugu state, on 15 May. He died on the way to hospital. An eyewitness told Amnesty International that the police officer shot Aneke Okorie in the stomach and then hung his gun around Aneke Okorie's neck to suggest that the police officer had been attacked by an armed robber. In September, the police officer was dismissed and prosecuted; he was awaiting trial at the end of the year.
  • Stanley Adiele Uwakwe and Faka Tamunotonye Kalio were arrested on 10 May and brought to Old GRA detention centre in Port Harcourt. After several days, they were transferred to another police station, but officers there told relatives that the men were not in detention. Unofficially, relatives were informed that the men had been killed by the police.

Torture and other ill-treatment

The police frequently used torture and other illtreatment when interrogating suspects and there was no standardized mechanism to prevent such practices. Confessions extracted under torture continued to be used as evidence in court.

  • On 19 November, three Okada riders were accused by community members of theft and handed over to the police. The men said their motorbikes had been stolen by the community. They were held for seven days by the Special Anti-Robbery Squad (SARS) in Borokiri, Port Harcourt, and beaten every night with the butt of a gun and an iron belt. They also said they were given water mixed with chemicals to drink, which caused internal wounds. The same water was poured over their bodies, causing pain and a rash. After an NGO lodged a complaint, the men were released on bail.

Justice system Despite repeated government pledges to address the problems in the criminal justice system, little progress was made. A review of the Police Act (1990) started in 2004 had still not resulted in new law. The vast majority of recommendations made in previous years by two presidential commissions, the UN Special Rapporteur on extrajudicial, summary or arbitrary executions, and the UN Special Rapporteur on torture were not implemented.

Seven out of 10 inmates in prison were pre-trial detainees. Many had been held for years awaiting trial in appalling conditions. Few could afford a lawyer and the government-funded Legal Aid Council had fewer than 100 lawyers for the whole country.

The Federal Ministry of Justice said it arranged lawyers to take up the cases of prisoners without legal representation. However, by the end of 2009 the impact of the scheme was not evident and prison overcrowding had not improved. The scheme did not address the causes of delays in the criminal justice system.

In July, the Lagos State Governor signed the Magistrates' Court Bill into law; suspects must be brought to court within 24 hours and only qualified legal practitioners can prosecute them.

In August, the new Interior Minister, Dr Shetima Mustapha, reiterated the commitment to reform prisons. At the end of 2009, most justice sector reform bills were still pending before the National Assembly.