The National Human Rights Commission's panel set up to investigate the allegations by an international news medium, Reuters, of unprofessional and inhuman war in the Northeast recently submitted its report and came out with some far reaching recommendations, Michael Olugbode reports.
It is absurd and unbelievable that an Army in its own country, though fighting a rebel organisation, would mastermind the abortion of 10,000 pregnant women in order not to further add strength to the rebel forces.
This looks more like a script for a movie written with the intention of winning an Oscar rather than a news report from a respected media outfit. But it was reported against the Nigerian military fighting the Boko Haram insurgency in the Northeast by a respected media outfit, Reuters.
No wonder many could not but lampooned the report as a mischief with a dastardly intention package to undermine the fight against terrorism and the battle to liberate the people of the Northeast who shares borders with some Francophone countries and who were at an advance stage of commencing oil exploration.
One of those that from the world go believed that the Reuters report was a planned strategy to undermine the fight against Boko Haram and to allow Nigeria benefit from the economic resources of the North East region was Karen Goulding, who in her published opinion over two years ago said the report against the military by Reuters was nothing but "half-truths and illogical conclusions."
She alleged that there is a history. The attack by Reuters against the Nigerian Army dated back to when the Boko Haram crisis was at its peak. It was common knowledge then that whenever the Nigerian military was making gains, Reuters was in the habit of churning out reports that would destabilize the troops and allow the Boko Haram terrorists to regroup and launch attacks against the military.
She said: "This has been their stock in trade; therefore, the recent triple attack against the Nigerian Military didn't come as a surprise. Aside from the fact that the reports lacked objectivity, they showed a strong disdain for Nigeria.
"The report on forced abortion in North East Nigeria is, at best, a miscarriage in journalism. It was a highly defective enterprise that exposed the shallowness of the promoters of Reuters. It read like a low-budget movie. That is what it is.
"The second report was more of a caricature of what news reportage represents. It promoted innuendos rather than facts. It granted a flashy headline but was empty in content. It was a rehash of previous failed reports that failed. It was, at best, a story meant for kindergarten.
"The third report on massacred children is not a topic for conversation. It remains one of the most illogical articles from a supposed international news agency. I am at a loss how such a story was sanctioned for release, and Reuters promoted it like an award-winning story. It was a poor plot that was laced with mischief and malice. It reinforces the hatred the promoters of Reuters have against Nigeria.
"I am tempted to assume that this drive is not any different from previous failed attempts to dampen the morale of the Nigerian Military in the prosecution of the war against Boko Haram terrorism. The pertinent question is, why now?"
If the truth must be said, the Reuters report should not have been respected with an inquiry but the Nigerian government through its Human Rights police, the National Human Rights Commission (NHRC) decided to honour Reuters by setting up a probe into the allegations, calling on actors and stakeholders in the crisis for questioning. One of those invited at the time was
Nigeria's Chief of Defence Staff (CDS), General Lucky Irabor who declared as spurious, the human rights violations allegations levelled against the Nigerian military by the news agency, Reuters.
Reuters in a series of reports had alleged the military in it's counter-insurgency operations in the Northeast over the decade of human rights violations including forceful abortion of over 10,000 pregnancies of women believed to be linked with the Boko Haram terrorist group and several killings of children who were fathered by alleged terrorists.
Irabor, while appearing in Abuja before the National Human Rights Commission investigative panel on rights violation in counter-insurgency operations by the military in the North-East, said the allegation was "not only shocking but also spurious."
The CDS, who held various posts in the theatre of war in the North-East, including Theatre Commander of Operation Lafiya Dole and Commander, Multinational Joint Task Force (MNJTF), told the panel that having been involved, there was no time he saw any abortion being carried out on women and girls to prevent regeneration of Boko Haram insurgents.
He said: "I have been involved in the operation. I never saw any of sort (abortions). It was a surprise to me for someone to orchestrate such report (Reuters' report).
"I am glad that this panel was constituted to investigate the allegations. It was a rude shock that such allegations could be attributed to the armed forces of Nigeria."
He described the Reuters' allegation as unfounded, insisting that the report that over 10,000 abortions were enforced by the military in the North-East through a deliberate policy as a strange allusion, declaring that if such policy was in place, it was not the responsibility of the armed forces to execute such.
He said: "These are strange allusion. The Armed Force of Nigeria engages in internal security to defend the people and the country and fight criminal elements.
"On what ground do we want to stop regeneration of Boko Haram criminals? If this so-called principle is in place, it is not the responsibility of the armed forces to be involved."
He assured that he would give the soldiers Reuters claimed it interviewed in its report immunity with a view to enabling them to come before the panel to testify.
Irabor told the panel that throughout the period he spent in the theatre of war, he never heard of any group of women called wives of Boko Haram to the extent that their freedom was restricted.
Irabor while describing the massacre of children claimed in the report as gory, said that children could not have been massacred by members of the armed forces, adding that military code of conduct prohibits members of the forces from engaging in such acts.
He said engaging in such act could even lead to death sentence on the perpetrators.
The CDS however appealed that this kind of report should not be given credence to as officers and men of the Nigerian Armed Forces had made sacrifices and whoever wanted to disparage their image would only be discouraging the gallant men and women.
Not only General Irabor was called to answer questions by the panel but many senior and junior officers of the military and other people were invited to shed light on the Reuters shadow.
In fact the National Human Rights Commission's Special Independent Investigative Panel on Human Rights Violations in Counter-Insurgency Operations in North East Nigeria (SIIP-NORTH EAST) embarked on inveatigations that lasted for 18 months following December 2022 reports by Reuters.
However, after painstakingly investigating Reuters reports, the seven- member panel Chaired by retired Supreme Court Judge, Justice Abdu Aboki found that Reuters reports lacked evidence and were not a true reflection of what the Nigerian military did in the North East at that material time, reportedly between 2013 and 2021.
The panel while recently submitting its report said it is significant to note that the Nigerian military, citizens, the federal government, Borno, Adamawa and Yobe State governments as well as the international community were anxious to know the scorecard of military in particular, given that Reuters claimed that it was the military that perpetrated the alleged human rights violations as a programme of the federal government while the three State goverments were allegedly accomplices.
The panel stated that the investigation was difficult and complicated because the sole complainant, Reuters refused to honour its invitation to the panel. It lamented that Reuters which should have come forward to substantiate its allegations decided to stay away.
The panel stated that despite the huge challenge, because of its determination to unravel the circumstances dutifully navigated its way around the three insurgency ravaged States in the North East- Borno, Adamawa and Yobe to engage and interact with relevant parties. They include civilian and military hospitals, IDPs camps, officers and soldiers, traditional rulers, remote and hard-to-reach communities among others.
The SIIP-NORH EAST was given the following mandates "Investigate allegations of gross violations of national and international human rights laws/principles alleged against the Nigerian Armed Forces in the three reports by Reuters. (Sections 5(a)(b)(j) and 6(1)(a) of the NHRC Act, 2010).
Receive memorandum from individuals and organisations with interest in the subject matter of the mandate of the SIIP North-East, especially human rights, security and humanitarian organisations working in the North-East.
Make appropriate determinations as to culpability of individuals or institutions as may be deemed necessary in each circumstance. (Section 5(j) of the NHRC Act 2010).
Make determination as to the damages or compensation payable in relation to any violation of human rights where it deems this necessary in the circumstances of the case (sec. 6(e) of the NHRC Act, 2010)."
After combing the nooks and crannies of the North East, the Investigative Panel finds that "there is no evidence to establish that Nigerian military engaged in the massacre of children at the waterhole or other locations in Kukawa, Borno State".
It also finds that "there is no evidence to establish the allegation that Nigerian military burnt, suffocated or administered illegal substances to children leading to their deaths as alleged in the reports".
Similarly, Justice Aboki-led Panel states that "there is no evidence that the Nigerian military conducted a secret, systematic and illegal abortion programme in the North East and there is no evidence of illegal abortion programmes terminating 10,000 pregnancies by the Nigerian military in the North East.
Besides, the panel established that "there is no evidence that women and girls died as a result of illegal or forced abortions by Nigerian military in the North East".
However, according to the fact-finding Panel, "there was an incident of Nigerian soldiers burning a woman and three children in Abisari community in Marte local government in 2016".
Specifically, the panel states that it relies "on the testimony of PW002J who confirms the burning of the four victims in their house".
As bad as this reality is, it remains regrettable but it does not reflect the magnitude and pattern or human rights violations as alleged and published by Reuters.
For instance, while the international news agency alleged that Nigerian military was involved in a secret, systematic, and illegal abortion programme, massacre of children and other human rights violations targeted at women, the panel finds that it was untrue.
The panel said this account leaves one wondering if the Reuters were not referring to the heinous activities of the dreaded Boko Haram insurgents which wreaked several havocs on lives and properties of people in the North East especially within the time frame that Reuters referred to in its reports tagged "Nightmare in Nigeria".
Little wonder, the panel noted that Reuters "based its allegations on the 2020 waterhole massacre in Kukawa, on a reconstruction of facts based on accounts of a soldier and four civilians. Reuters reconstruction of the event is not supported by evidence presented to the panel by witnesses and observations made by the panel during its visit to Kukawa".
The Panel made extensive recommendations to various parties including the International Non-governmental Organisations, Borno State Government, the Federal Government and it various agencies such as the Nigeria Armed Forces, among others.
In specific terms, the panel in addition to other recommendations and concluding observations, "urges the National Human Rights Commission, the Nigerian Armed Forces and the Federal and State Governments to put mechanisms in place for the implementation of this report and to adopt far-reaching reforms and programmes prioritising human rights principles in military operations that will bring professionalism and respect for human rights within the Nigerian Armed Forces".
The panel "recommends to the Federal Government of Nigeria, the payment of compensation to victims of killings in Abisari in Marte Local Government.
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The panel further recommends that this payment be made within 90 days of the receipt of this report".
Continuing, the panel "urges the National Human Rights Commission to work out a compensation regime and recommend same to the Federal Government of Nigeria within a period of 30 days from the receipt of this report. In same vein, it recommended to the Nigerian Armed Forces and other appropriate authorities to constitute a Court Martial to prosecute suspected officers and men of the Defunct 8 Task Force Division, Monguno who were operational in Abisari, Marte Local Government of Borno State in June 2016 or other units of Nigerian Armed Forces who were operational at the location within the same period.
Again, "the panel recommends to the National Human Rights Commission to act under section 5(p) of the NHRC Act of 2010 and refer for prosecution by the Attorney General of the Federation, retired suspected officers and men of the Defunct 8 Task Force Division, Monguno who were operational in Abisari, Marte Local Government of Borno State in June 2016 or other units of the Nigerian Armed Forces who were operational in the location within the same period".
The SIIP NORH-EAST noted that the inability of Reuters to appear before it or collaborate in any form to provide information and access to witness testimonies to support the grave allegations of the illegal and forced abortions and massacre of children by men of the Nigerian Army at the waterhole in Kukawa, raises doubt on the validity of the alleged source of information.
Similarly, the panel noted that the refusal of the International Committee of the Red Cross to honour the invitation of the panel raises questions as to its commitment to the values and principles it has always protected.
Medecins Sans Frontiere is among the Organisations that failed to honour the invitation of the Panel hence the panel stated that "non-cooperation with human rights inquisitions only sends one message - an absolute lack of respect for national human rights institutions and mechanisms".
Unlike the Reuters, ICRC and MSF, the Nigerian military cooperated with the panel especially in ensuring that its personnel needed at the panel appeared to give testimonies. This aligns with the statement of the Executive Secretary of the NHRC, Dr Tony Ojukwu that "the days are long gone when our uniform forces will operate without checks and accountability".
Meanwhile, the Chief of Defence Staff (CDS), General Musa while commending the report of the panel asserted, "no amount of false accusations will distract the Armed Forces of Nigeria (AFN) from exercising its constitutional mandate of protecting the territorial integrity of the nation".
It is hoped that the implementation of the SIIP NORTH-EAST report will bring about a tremendous improvement in civil-military relations as well as usher a regime of better record keeping and accountability among civilian and military institutions in the country.
Having done its work, the panel can take a bow but the international community needs to take actions and find a way of making Reuters to defend its report.
