...Ojukwu, human rights chief, speaks on crackdown
·Says no pass mark for the police
· "Any officer found to have cracked down on peaceful demonstrators culpable'
·'Labour House raided without due process'
·Recommends punishment for #IgboMustLeaveLagos campaigners
Chief Tony Ojukwu, a Senior Advocate of Nigeria (SAN) and Executive Secretary of the National Human Rights Commission (NHRC), is an activist whose leadership acumen and work in the legal profession have earned him respect at home and abroad. Dedicated and committed to the protection and defence of human rights, Ojukwu has remained a leading voice and a fearless advocate for a better and inclusive society.
In this interview, he speaks on the recent protests against hunger and the spate of court orders which attended the protests, arrests and detention of Nigerians in connection with the protests in parts of the country. Ojukwu insists that the right to protest is universal and undeniable. Revealing the findings of his Commission on the August #EndBadGovernance protests across the country, the human rights chief says 27 protesters were killed by the police while about 800 people arrested in two states during the protests were still held without being charged to court in clear violation of their rights. According to him, this speaks to the poor human rights record of the Nigerian government.
Ahead of the ten-day #EndBadGovernance protests in August, there were warnings from security forces that the demonstrations should not go on despite the rights as guaranteed by the constitution to peaceful protests. What is your assessment of those warnings?
The right to engage in peaceful protests is guaranteed under regional and international human rights instruments to which Nigeria is either a party or has domesticated. It is also guaranteed under the Constitution of the Federal Republic of Nigeria as amended. I will talk first about the Constitution because it is our fundamental law. The right to protest is guaranteed by two Sections of the Constitution of the Federal Republic of Nigeria. The first one is Section 39 (1) which provides for the right to freedom of expression and the press. It states specifically: "Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference". The second one is Section 40 that guarantees the right to freedom of association and peaceful assembly. It states specifically:
"Every person shall be entitled to assemble freely and associate with other persons, and in particular he/she may form or belong to any political party, trade union or any other association for the protection of his interests." Under the regional law, which is the African Charter on Human and Peoples Rights, Article 9 provides for the right to freedom of expression; Article 10 provides for the right to freedom of association and Article 11 provides for the right to freedom of assembly. These rights under International Human Rights Law are also guaranteed under the Universal Declaration on Human Rights (UDHR). Article 19 provides for the right to freedom of opinion and expression. Article 20 provides for the right to freedom of peaceful assembly and association. It is also guaranteed under the International Covenant on Civil and Political Rights. Article 19 provides for the right to freedom of expression and Article 21 provides for the right to peaceful assembly. All of these provide the legal basis for anyone who lives within and outside of Nigeria to exercise their right to engage in peaceful protests.
Any attempt by any agent of the government or any other person at all for that matter to deter people from exercising this right would amount to a gross violation of human rights. My assessment of those warnings is that it was an attempt to stop people from exercising their legal rights, which would amount to a gross violation of human rights of persons concerned. In order to prevent this from happening, the NHRC issued an Advisory Opinion to remind the protesters, the security agencies and the government of the freedom of the citizens to exercise this right as well as their roles and responsibilities to each other.
The security forces ahead of the protests also signaled that they could crack down on protesters and gave conditions under which the protests could go on. Was that right?
The 1999 Constitution of the Federal Republic of Nigeria as amended guarantees the right to personal liberty under Section 35 (1) and states that lawful arrests can be made with due procedure under the following circumstances: In execution of a sentence or an order of the court, or to compel compliance of a legal obligation, where a person fails to comply with an order of the court, where a person is suspected to have committed a crime, is likely to commit a crime, for the purpose of the welfare and education of an underage person, where the person is suffering from an infectious or contagious disease; a person of unsound mind, and an addict, and for the purpose of preventing unlawful entry into the country. The peaceful protests by some #ENBADGOVENANACE protesters did not represent any of these situations mentioned above. Therefore, any threat to arrest peaceful protesters who do not pose a threat to anyone would amount to a violation of their human rights because there is no law that authorises the arrest of peaceful protesters. And, any officer who is found to have cracked down on peaceful protesters should be held culpable. However, security forces have the right to arrest persons that are involved in violent protests to cause harm to human beings or destroy properties.
How prepared were you to monitor the protests across the country? In how many states were your men deployed?
The Commission as the country's National Human Rights Institution (NHRI) is empowered with the mandate to promote, protect and fulfill human rights, and is always ready and prepared to monitor human rights situations in the country. To effectively monitor the protests and safeguard human rights, the Commission deployed a comprehensive methodology. Human Rights Monitors from NHRC's 36 State Offices (including Abuja FCT) were deployed to gather firsthand information on the ground. To ensure systematic data collection, the Commission developed a Human Rights Incident Report Form, accessible both online and in physical format. This standardised tool enabled consistent reporting by monitors. A Situation Room (SR) was also established to serve as a central hub for gathering and analysing human rights violation/abuse information with regards to the evolving protest situation. This SR played a critical role in coordinating efforts and disseminating information. To enhance accessibility and encourage public participation, toll-free lines (08006472428 and 6472) and an online platform were made available for citizens to report incidents and seek information. Through these efforts, the Commission diligently collected data from August 1 to 10th August 2024, providing the foundation for its report and findings
So, what did your Commission find out during and after the protests?
The Commission found that the protesters were relatively peaceful across the country. Some states where the protests were hijacked like Katsina and Yobe experienced several inhuman and degrading treatments. The Commission also found that the police deployed the use of tear gas to dispel hoodlums in states like Katsina and Yobe who tried to hijack the protests. There were reports of looting and destruction of government properties in these states.
Reports say killings by security forces took place in many states across the country. Do your findings corroborate those claims, or do they say otherwise?
Findings from our report show that about 27 persons were killed by the Nigeria Police. These killings happened in the following states: 1st of August 2024: From our report 12 protesters were killed. One was in Abuja, two in Kano, three in Jigawa and six in Kaduna. On the second day of the protest, our findings indicate that four protesters were killed - one in Katsina and three in Yobe. A frightening experience unfolded in Kano on the third day with report of looting and violent attacks by armed thugs, highlighting concerns about security lapses. Kano witnessed a significant escalation of violence, resulting in the tragic death of at least ten protesters, primarily juveniles. Last but not the least was on the 7th of August 2024 with the tragic incident involving the 16-year-old boy, Isma'il Muhammad, who was shot by a soldier in Zaria that brought it to the total of 27 individuals who lost their lives.
Reports say the Zaria boy that was killed was not a protester and that he was shot right inside his father's house...
The right to life is guaranteed under Section 33 of the 1999 Constitution of the Federal Republic of Nigeria. The Section provides: "Every person has a right to life and no one shall be deprived intentionally of their life, except in the following circumstances: In the execution of a sentence of court in respect of a criminal offence of which a person has been found guilty in Nigeria; if a person dies as a result of the use of force reasonably necessary for the defense of any person from unlawful violence or for the defense of property; to effect a lawful arrest or to prevent the escape of a person lawfully detained; and for the purpose of suppressing a riot, insurrection, or mutiny. The right to life is a fundamental right that is well protected by the Constitution of Nigeria. There should be no basis for the violation of his right to life, unless under the circumstances provided under the Constitution as highlighted. In order to guarantee justice and responsibility, violation against the right to life during the protests need to be thoroughly investigated and those found culpable punished and where necessary remedies should be given. This is necessary to guarantee justice and accountability
Arrests were apparently made during the protests. Reports say more than 1, 000 people were arrested nationwide. From the feedback you are getting, is the law regarding those arrested being charged within 24 hours being observed nationwide?
The provision regarding the time-frame for charging an arrested person to court in Nigeria is found in Section 35(5) of the Constitution of the Federal Republic of Nigeria 1999 (as amended). Specifically, it states:"Every person who is arrested shall be brought before a court of law within a reasonable time, and if not tried within a reasonable time, shall be released." It emphasises the importance of prompt access to justice. In practice, authorities often aim to indict arrested individuals within a 24-hour period. Arrests were made in some states like Borno and Yobe within the duration of the protests. With the intervention of the Commission, those arrested were released after 24 hours. Reports reaching the Commission indicate that in Kano and Yobe states where over 1, 000 people were arrested for allegedly destroying properties and throwing stones at security officers, just over 200 of them have been charged to court. The Commission is still monitoring the situation to ensure that the people who have been arrested enjoy their right to fair hearing and are not unjustly incarcerated.
What remedy is available to those whose rights may have been violated during the protests, and how are you intervening?
The remedy available to those whose rights have been violated is to have protection under the law. They are entitled to substantive and procedural fair hearing as provided for under Section 36 of the 1999 Constitution of Nigeria and as well as entities to the applicable remedy under the law The Commission's Monitors are following up the cases to ensure that human rights of those under arrest or being prosecuted are protected.
What is your assessment of compliance with human rights by the authorities in the country?
The compliance with human rights by the authorities in the country is not zero, but it is not a pass mark. This is because the mainstreaming of human rights tenets and norms in carrying out their mandate is still a tall order. This was evident during the protests with regards to the deployment and use of firearms on protesters by state actors.
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What trend have you observed? Is compliance with human rights by security forces in the country improving or degenerating? Can you provide figures?
The trend observed is that security personnel make use of teargas and firearms to deprive citizens of their right to peaceful protest which resulted in the actual degeneration of human rights in the country. From the report of the 10 days' protests, about 95% of the killings came from the northern states with Abuja inclusive. Ten persons were injured in Kano State aside from the bomb blast which took place in Maiduguri, Borno State.
How do you react to the police invasion of the NLC headquarters by the police?
Protecting privacy is a fundamental right guaranteed under Section 37 of the 1999 Constitution of the Federal Republic of Nigeria. It states that the privacy of citizens, their homes, correspondence, telephone conversations, and telegraphic communications is guaranteed and shall not be violated except in the manner, circumstances, and for the purposes prescribed by law. The police invasion of the NLC headquarters raises serious concerns about the violation of the right to privacy as guaranteed by the Constitution. The invasion of the headquarters without due process and in a manner perceived as intimidating may be seen as an encroachment on the privacy rights of the individuals and the organisation involved. It is essential that law enforcement agencies ensure that their actions are within the limits prescribed by law when carrying out operations. The right to privacy is a cornerstone of a democratic society, and any violation of this right should be thoroughly investigated and appropriate measures taken to prevent such occurrences in the future. It is imperative to uphold the rule of law and ensure that citizens' privacy rights are respected in all circumstances.
What do you make of the #IgboMustGo campaign that suddenly surfaced in Lagos and which has been described in many circles as a violation of the constitutional right of Igbos to live in any part of the country? Security forces have been accused of complicity in that episode because they have been unable to fish out those behind it. Are you doing something about that?
The issue with such statement is that it has the power to incite violence as it is discriminatory and can be described as hate speech. This is because Section 42 of the Constitution of the Federal Republic of Nigeria 1999 as Amended prohibits discrimination on the basis of ethnic group or place of origin, sex, religion, political opinion etc. The Commission continues to advocate and sensitise everyone including Nigerian security forces on the need for all Nigerian to live in peace and harmony and those who choose to do otherwise should be fished out by the law enforcement agents and be prosecuted and punished.
