TEXT OF MEDIA BRIEFING BY MAJOR GENERAL NE ANGBAZO, CHIEF OF CIVIL MILITARY AFFAIRS, ARMY HEADQUARTERS ON REPORT OF SPECIAL BOARD OF INQUIRY TO INVESTIGATE ALLEGED HUMAN RIGHTS VIOLATIONS AGAINST NIGERIAN ARMY PERSONNEL IN THE FIGHT AGAINST INSURGENCY AT THE NORTH EAST AND INTERNAL SECURITY OPERATIONS AT THE SOUTH EAST ON WEDNESDAY 14TH JUNE 2017 AT THE ARMY HEADQUARTERS OFFICERS MESS ABUJA
Protocol
Gentlemen of the press, in continuation of Nigerian Army (NA)’s resolve to keep Nigerians informed of the Army’s activities, I will be briefing you on the outcome of investigations of the Special Board of Inquiry instituted by Headquarters Nigerian Army a few months ago. You will recall, the Chief of Army Staff (COAS), Lieutenant General Tukur Yusufu Buratai, recently convened a Special Board of Inquiry to investigate allegations of Human Rights violations leveled against personnel of Nigerian Army in various regions where the NA is engaged in the provision of security as well as maintenance of law and order. Notably are the Amnesty International allegations of the excessive use of force and extrajudicial killings of members of Indigenous People of Biafra (IPOB) as well as other groups and individuals. The Board was to investigate and establish the true situation of the allegations. The Board sat fol its amongst inauguration on 8th March 2017 by the COAS and submitted it report on 18th May 2017.
INTRODUCTION
1.You will recall that the AI in their reports about the NA Counter Terrorism and Counter Insurgency (CTCOIN) in the North East and other Internal Security Operation (IS Ops) alleged cases of arbitrary arrests, unlawful detention, torture, forced disappearance and extrajudicial executions against some Snr NA Officers. Likewise, it alleged same case against the NA regarding IPOB. These allegations led to the withdrawal and denial of USA and UK visas to some serving and retired snr officers. There were cases of officers whose names did not appear in the allegation but were also denied visas. This necessary a complaint by the affected officers to AHQ. AHQ subsequently conducted an investigation and disseminated the report to all relevant authority including the USA authority through the DA Washington. The USA however conveyed dissatisfaction in the report and requested that a more comprehensive inquiry be conducted. Thus a Special BOI was constituted to investigate the allegations.
COMPOSITION
2.The Special Board of Inquiry (SBOI) was composed of the following members:
a.Major General AT Jibrin(rtd)-President.
b.Barrister Olawale Fapohunda-Member.
c.Col PC Izukanne(rtd)-Member.
d.Barrister Tony Ojukwu-Member.
e.Brigadier General A Dadan-Garba (rtd)-Member.
f.Brigadier General OL Olayinka-Member.
g.Colonel LB Mohammed-Member.
h.Colonel UM Wambai-Member.
i.Lieutenant Colonel CM Akaliro-Secretary.
LEGAL FRAMEWORK
3.The Legal Framework that underlined the investigation comprised of all obligations assumed by Nigeria under Intl HR Treaties and those applicable under customary intl law. During the period covered by the investigation, there existed an intl armed conflict making necessary the application of IHL to measure the conduct of the NA in the conflict. NG criminal law was also applied to the incidents and events under investigation i determining whether crimes had been perpetrated.
CONFIDENTIALITY OF INFORMATION
4.The Board took all necessary steps were taken to ensure the protection of the confidentiality of info including not disclosing the names of individuals in the report or its public sessions.
STANDARD OF PROOF
5.Consistent with the practice of international fact finding bodies, the SBOI based its findings on a “reasonable ground to believe” standard of proof. There is reasonable ground to believe that an incident or pattern of violations occurred if the SBOI obtained a reliable body of info, consistent with other info, indicating their occurrence.
COOPERATION WITH GOVERNMENT INSTITUTIONS
6.The SBOI called for the support and cooperation of Federal and State Government Institutions which entailed freedom of movement throughout the states subj to investigation, unhindered access to all places and establishment of detention specifically prison facilities, freedom to meet and interview community leaders, NGO and other institutions and free access to all sources of info, including documentary mat and physical evidence.
OBSERVATIONS/FINDINGS ON ALLEGATIONS OF HR VIOLATIONS IN MIL DETENTION CEN AND OTHER PLACES OF DETENTION
7.Giwa Barracks Detention Facility.The Amnesty International (AI) made allegations of torture, extra judicial killings in this facility. This facility is location in Giwa Barracks and has 13 cells; 10 for males and 3 for females. The SBOI observed that most of those detained in the facility were arrested by the NA in the course of CTCOIN ops while some willfully surrendered. There were 3,824 detainees at the time of the visit with 29 MP handlers monitoring the detention facility.
8.Wawa Cantonment Detention Facility Kainji.This facility is location in Wawa Cantonment and accommodates 4 large blocks with toilet facilities. There were 11 females with 2 female detainees per cell and 4 male detainees per cell. The detainees here were arrested by various security agencies across the country and brought to the facility with background information.
9.Gibson Jallo Cantonment Yola.This facility houses the 23 Brigade Provost Company Duty Room in Yola with 13 inmates kept in separate cells and in satisfactory conditions.
10.Maiduguri Maximum Prisons.Detainees here are held in large cells with adequate ventilation but overcrowded. Detainees were mostly arrested by the NA personnel in the course of CTCOIN.
11.Kirikiri Maximum and Medium Prisons Lagos.There are 103 Boko Haram (BH) terrorists’ suspects in this facility with 69 in maximum and 34 in minimum prison. The detainees were arrested by the NP in Bauchi and Kano States before being transferred to Lagos. There are 3 Chadians and 2 Nigeriens among them.
FINDINGS
12.The Board found that in all the detention facilities visited including the max prisons, BH Detainees were not info about their Miranda Rights nor allowed access to legal representation. The right to counsel is so fundamental to basic fairness that should be recognized, even with respect to terrorism cases and enemy combatants.
13.The Board found that the process of determining the legal status of BH detainees in all mil detention facilities we visited appear to have been left to the NA alone. We note in particular the difficulty encountered by the NA in transferring some detainees in Giwa Detention Facility to the Maiduguri Max Prisons to ease congestion in the Facility.
14.The Board found that a common feature in all the detention facilities we visited was the delay in the legal processing and trial of BH detainees. That effort towards speedy trial and release of those profiled including those cleared as having no case to answer were made difficult by the lack of synergy between relevant agencies. We note that this lack of coordination led to duplication of efforts which further compounded the congestion problem in these detention facilities.
15.Concerning the processing of BH detainees, the Board find a serious shortage of investigators across mil detention facilities. For example, at the Giwa Barracks Detention facility there was only one investigator allocated to a BH suspect. We note that this limits the capability to extract max info from the suspects. Furthermore, this is contrary to global best practice of using a team of investigators including those from other relevant agencies to interrogate a suspect to determine culpability or otherwise.
16.The Board found that there is a need for appropriate documents of BH suspect upon reception in all mil detention centers. This must include the taking of profile pictures. This is necessary not only because of the importance of data and record keeping but because many of thedetainees were at the time of arrest malnourished and in poor physical state. This could be misconstrued as evidence of deliberate starvation. We note however that some of the detainees, in particular those in Wawa Cantonment gave names which were different from the names on their case files. This made documents and investigation difficult. We also note the need for better case file management between different security agencies.
17.The Board was concerned about the inmate to Military Police ratio especially in Giwa Barracks Detention Facility, which holds high profile inmates. The small number of handlers does not allow for relief of duties. This could result in fatigue or stress with predictable effects on the appropriate handling of detainees.
18.The Board noted the insufficient restraining kits such as handcuffs and leg chains. Furthermore, the Wawa Cantonment Facility lacked suitable vehicles for conveying the detainees to court.
OBSNS/FINDINGS ON ALLEGATIONS OF HRVIOLATIONS AGAINST MILITARY PERONNEL IN INTARNALLY DISPLACED PERSONS CAMPS
OBSERVATIONS
19.The Board visited 5 Internally Displaced Persons(IDP) camps: Dalori and Bakassi Camps in Borno State, Pompomari Camp in Yobe State, the NYSC and Malkohi IDP camps in Adamawa State. The Board notes that the plight of woman and girls at the various IDP camps in the NE came under public scrutiny following a report by Human Rights Watch, an international Human Rights NGO, which accused the personnel of the Nigeria Police Force (NPF), the NA, vigilante groups and camp leaders of sexual abuse of young girls and women in various IDP camps.
20.The Board observed that the camps visited were allfairly secured with NA personnel and other security agencies visibly manning the entry pts. Soldiers were also observed to have established check point along the rounds leading to some of the IDP camps. All the camps had personnel of the NPF and Nigerian Security and Nigeria Security and Civil Defence Corps (NSCDC) deployed within them to boost security.
21.The board observed NA Education Corps personnel teaching children in fairly equipped classes in all the camps visited. This was a programme under the COAS Quick Impact Projects (QIP).
22.The board held open sessions with Governors and senior government officials of Borno, Adamawa and Yobe States. They made no allegations of extra judicial killings or sexual abuse against any military personnel.
23.The Board interacted extensively with the camp administrators, volunteer staff and local NGOs government officials and the IDPs. There was no complain of killings or allegations of sexual harassment against NA pers.
Findings
24.The Board noted that the President and Commander-in-Chief of the Armed Forces had instructed the Inspector General of Police (IGP) and the affected state governor to investigate allegations of sexual abuse and exploitation of women and girls in IDP camps.
25.The Board noted that pursuant to Mr. President’s directive, the IGP had set up a special investigation team to investigate all alleged cases of sexual abuses in IDPcamp. The board therefore finds it necessary to differ to the on-going presidential investigation on the allegations of sexual abuse as it concerns the NA.
26.On the allegations of extrajudicial killings by NA personnel in IDP camps, the board finds no evidence in support of this allegation.
OBSNS/FINDINGS ON ALLEGATIONS OF HRVIOLATIONS AGAINST THE NA DURING MIL OPS AT THE SOUTH EAST
OBSERVATIONS
27.The Terms of Reference of the Board limits its investigation to the roles played by the NA during the rallies by IPOB in Aba on 9thFebruary2016 and Onitsha on 29th – 30th May 2016.
28.The all alleged that on 9th February2016, during a peaceful rally by IPOB, at the National High School in Aba, Abia State about 17 of its members were killed and 30 injured by personnel of the NA. AI also alleged that it had evidence of mass extrajudicial executions by security forces, including at least 60 people shot dead in the space of 29th – 30th May 2016 in connection with events to mark Biafra Remembrance Day.
29.The Board reviewed videos, photographs and eye-witness testimonies relating to demo and other gatherings of IPOB members provided by non-government and military sources. The board also had extensive discussion with the Governors and senior government officials of Abia and Anambra States.
30.The Board visited the National High School, Abia where it was alleged that members of the IPOB were shot by security forces on 9th February2016. The board met with the school’s security man on duty on the said day (name withheld).
31.The Board also met with the community leaders (name withheld) and held individual and group discussions with some residents’ identified randomly by members of the board. The board was also briefed by the military commander on the ground.
32.The Board took note of the AI allegation that the bodies of at least 13 members of the IPOB allegedly killed at the National High School, Aba were buried in a shallow pit along the Aba–PortHarcourt Expressway. The Board observed that there was no specific description of the location of the alleged shallow pit in the AI report.
33.With regards to the incident of 30 May 2016 at the St Edmund’s Catholic Church Nkpor, where AI alleged that soldiers opened fire on worship in the church compound. Members of the Board had individual and group discussion with the resident priest (name withheld) of the Church, the Chief Security Officer of the Church and residents within the vicinity.
FINDINGS
34.The Board found that there were protests by IPOB members at Aba on 6 Feb 16 and at Onitsha on 30th May 2016.
35.The Board finds that the IPOB protests were not peaceful and that the lives and properties of citizens in the protest areas were threatened. In the words of one of the Governors that met with the Board ‘the IPOB may have set out to have a peaceful protest, however criminals infiltrated their ranks and turn these protests into violent ones’.
36.In particular, the board found that IPOB members converged at Onitsha on 29th May 2016 to mark the Anniversary of the Declaration of the Sovereign State of Biafra. That the protest turned violent and led to closure of shops, looting, burning of 8 Dangote cement trucks, burning of a pol van and the killing of 2 policemen whose bodies were thrown into the River Niger by IPOB members.
37.The Board also found that the IPOB members occupied the Niger bridgehead stopping free flow of traffic and threatened to blow it up. That it was the inability of the Nigeria police to control the law and order sit that led to the deployment of the military.
38.The Board found that there was a joint operation of the Police and the NA to contain the protesters on all the days when there were protests.
39.The Board notes the statement of governors and senior officials interviews that there were no reports of any killings by the military on any of the days of the protests and they had no information of 13 persons allegedly buried in a shallow grave along the Aba-Port Harcourt expressway.
40.The Board notes that the statement of the gateman at the National High School Aba, who testified that he heard gun-shots and stated that he saw one fall to the ground. He could not recollect what happened to that person.
41.The Board interacted with the Anambra State Governor, Commissioner of Police, State Director of Department of State Service and some residents. They testified that no one was killed during the incident at Onitsha Bridgehead. However, the police report showed that 14 people were arrested on the day.
42.The Board received the pictures, names and contact details of the 5 ring leaders of the protest who were arrested and handed over to pol on that day.
OBSERVATIONS/FINDINGS ON ALLEGATIONS OF WAR CRIMES OF MURDER ENFORCED DISAPPEARANCE AND TORTURE AGAINST SPECIFIC MILITARY PERSONNEL DURING MILITARY OPRATIONS AT THE NORTH EAST
OBSERVATION
43.The Board observed that in all AI reports on the Human Rights situation in Nigeria specifically as it concernedmilitary operations at the North East and the South East, allegations of violations of Human Rights violations were made against units, formations and personnel of the NA in general. However, in its report reference above, specific mention was made against certain senior military officers who Amnesty International believes should be investigated for the war crimes of murders, enforced disappearance and torture. The names of these officers and AI allegations against them are as follows:
a.Major General John A.H. Ewansiha (rtd), was General Officer Commanding (GOC) of Operation RESTORE ORDER I (ORO) and Operation BOYONA between January2012 and August2013.
b.Major General Obida T. Ethan (rtd), was Commander 7 Division from 22nd August2013 until 1st January2014. During this period, AI documented arbitrary arrests and unlawful detention of thousands of people in inhumane condition, the deaths in custody of large number of detainees and extrajudicial executions by troops under command.
c.Major General Ahmadu Mohammed was Commander 7 Division from 24th Februaryuntil 16th May 2014. During this period, AI documented arbitrary arrest and unlawful detention of thousands of people in inhumane conditions, the deaths in custody of large numbers of detainees and extrajudicial executions by troops under his comd. He was in charge of mil ops when the mil executed more than 640 detainees who escaped from Giwa Barracks after a BH attack.