August 23, 2010

COMMUNIQUE ISSUED AT THE END OF THE PUBLIC TRIBUNAL ON POLICE ABUSES IN NIGERIA ORGANISED BY NETWORK ON POLICE REFORM IN NIGERIA (NOPRIN) IN COLLABORATION WITH NATIONAL HUMAN RIGHTS COMMISSION (NHRC) AND NATIONAL COMMITTEE ON TORTURE (NCoT) IN OWERRI, IMO STATE FOR THE SOUTHEAST REGION ON AUGUST 19 AND 20, 2010.

Preamble

Network on Police Reform in Nigeria (NOPRIN) in collaboration with National Human Rights Commission (NHRC) and National Committee on Torture (NCoT) organized a Public Tribunal on Police Abuses and violations in Nigeria.

The Public Tribunal was aimed at:

  1. Providing opportunity and platform for victims of police abuse or their family members/ legal representatives, on their behalf, to testify about their experiences with the police, and to seek and secure redress and remedies through mechanisms of internal control and external accountability; as well asto seek sanctions against perpetrators of abuse or violation.
  2. To awaken and assist institutions of government charged with oversight of the police, particularly, the Police Service Commission, to carry out their duties effectively and timely
  3. To mobilize eminent Nigerians to join the campaign against police abuses and impunity.
  4. To provide a platform for interaction between the police and members of the public to promote mutual understanding, cooperation and partnership in safety and security.

Attendance

The Tribunal was attended by over 200 participants, including42 persons who attended as testifiers either for themselves or on behalf of their abused or dead relatives or clients. However time could permit only 14 of the intending testifiers to testify about their experiences or the experiences of the victims they represented. Consequently, the Tribunal directed other persons or victims who could not testify orally, to submit their cases in writing for consideration alongside cases of others who had the opportunity to testify.

TheNigerian Police were adequately represented.[1] However, the Police Service Commission, for the umpteenth time, failed and or ignored to send any representative.

Inspector General of Police was represented by two senior police officers from the Legal Department of the Force Headquarters; the Commissioners of Police (CPs) of Imo, Ebonyi and Abia were represented by senior police officers from the State Criminal Investigation Department (SCID) and Special Anti Robbery Squad (SARS). Anambra and Enugu Commands were not represented.

Civil Society Organizations in the Southeast and branches of NBA in Imo state also sent representatives.

The Executive Secretaryof the National Human Rights Commission,Mr. Rowland Ewubare, was represented by Mr. Tony Ojukwu, who led other senior National and Southeast Zonal officials of the commission to the Tribunal.

The National Committee on Torture was represented by Chinonye Obiagwu,Vice Chairman of the Committeeand Executive Director, Legal Defence and Assistance Project (LEDAP).

The Attorney General and Commissioner for Justice, Imo State Justice, K.C.O Njemanze,was represented by the Solicitor General, S.C. Osondu Esq., who gave a Goodwill Message and declared the event open on behalf of the AG/CJ.

The Tribunal was presided over by a 3-man Panel composed of:

1.His Worship, Peace Otti of the Anambra State Judiciary (Chairperson),

2.Z. O. Senbanjo, Director of Legal Services, National Human Rights Commission, and

3.Barrister Chinonye Edmund Obiagwu, Vice Chairman, National Committee on Torture.

Issues

Participants condemned the reported widespread practice in Imo State Police Headquarters whereby bribe is demanded from complainants, including lawyers, before their complaints or petitions to the CP’s office could be received. Participants also condemned the situation whereby complainants choose their own investigating police officers and determine how investigations are to be carried out. The PPRO who represented the CP was mandated to investigate and take measures to ensure that these corrupt practices which deny justice, especially to the poor and vulnerable, and encourage the oppression of the poor by the rich and powerful are brought to an end.Imo State Police Command and office of the IGP are required to make a public statement on their positions on these issues.

The representatives of the Inspector-General of police said categorically that torture, impunity and other forms of abuses are aberrations in the Nigeria police force and that there is no policy in the Nigeria police, approving or supporting any form of abuse of human rights. The IGP’s representatives added that police officers who engage in aberrant behaviours are usually dealt with appropriately and revealed that in relation to the Jos crises all police officers having anything to do with abuses there are being legally handled. He concluded by saying that the I.G.P wished NOPRIN and all the participants success and very fruitful deliberations, promising that no one would be harassed for participating in the public tribunal and that all recommendations by the tribunal relating to the police would be promptly acted upon.

At the end of the hearing, participants agreed that

  1. The Public Tribunalhas beenmost useful and should be done on a regular basis;
  2. That the proceedings should be made available to the highest authorities, namely the Hon. Attorney-General of the Federation and Minister of Justice, the Hon. Minister of Police Affairs, the Chairman Police Service Commission, and the Inspector General of Police for further action.
  3. That the Chairman of the Federal Government’s Committee on Torture should follow up on the recommendations of the Panel with all the appropriate government agencies.

Public Hearing.

The Public hearing started with an observation on theabsence at the Tribunal of Rev. Fr.Eustace Okorie, thecatholic priest,serving under the Owerri Ecclesiastical province, who was allegedly assaulted by security operatives attached to Imo State Governor, Ikedi Ohakim onSundayAugust 7, 2010. The priest waslisted as the first testifier. He was expected to testify abouthow he was assaulted, dehumanized and illegally detainedby securitypersonnelattached to governor, Ikedi Ohakim, for allegedly obstructing the movement of the governor’sconvoy.

However, news filtered that pressure was mounted through the Archbishop of the Owerri Catholic Province, Archbishop A. J. V. Obinna to stopthe priest from publicly testifying against theacts of brigandage of Governor Ohakim’s security attaches.

Other Priests who were at the Tribunal in anticipation of Father Eustace Okorie’s testimonyhad earlier informed that Rev. Fr. Eustace Okorie was arrestedat about 6pm on the orders of governor Ikedi Ohakim by the governor’s security ‘hounds’. The Governor accused the priest of being an agent of his opponents and that he wilfully blockedhisconvoywith his car (Nissan Infinity) somewhere at Orie-Akabo, in IkeduruLocalGovernmentArea of Imo State.

The operatives bundled the priest into a jeep(while dressed in his Soutane) and drove himstraight to thegovernment house and before the governor’s ChiefSecurityOfficer(CSO), one Mr Ismaila Bako. Afterinterrogatinghim, the CSO orderedthat thepriestbe takento the offices of the SSS where he was stripped to his underpantsand detainedfrom thatevening tillabout 8pm the next daybeing Monday,August 9.The Priest was detained incommunicado, as his mobile telephone was seized, thereby preventing him from communicating to anybody. This created anxiety about his whereabouts, as the priest was on his way to a vigilmass before the incident that took him to government houseoccurred.

In responding to claims by Governor Ohakim and his agents that the Priest blocked the governor’s convoy, the Priest, Rev.Fr. EustaceOkoriereportedly insistedthat he parkedhis car rightfully whileavoidinga dangerousditchatthe spot but was surprised that the security men pouncedon him, smashedhis car side mirror with gun butts and thenforcedhim into aSportUtility Vehicle.Hewas taken to the government house wherehe was interrogatedby the governor’sCSO beforehe was detained almostnakedin the same cell witha suspected ‘cultist’for two days.

The Tribunal noted that this would not be the first time that the governor’s security attachés would act in such a brazen, reckless and overzealous manner, attacking innocent citizens. Tribunal recalled that Ikenna Samuelsontestified in Abuja in June 2010 about how he was similarly abducted by the governor’s security aides, and taken before the governor at the government house where the governor personally assaulted him with a horse whip, while his CSO continued to point a gun at him. The governor inflicted grievous injuries and bodily harm on him before handing him over to the State Police Commissioner, Mr. Aloysius Okorie, and the State Director of State Security Service (SSS) who further interrogated and detained him for seven days at the State Police Headquarters, Owerribefore charging him before Chief Magistrate Victoria Isiguzo, of Magistrate Court 1, Owerri. Mrs. Isiguzo further remanded Samuelson in prison custody, all in a bid-apparently- to allow time for the injuries inflicted on him by the governor to heal.Again, in July, Mrs. Isiguzo convicted and sentenced Samuelson to 3 months in prison without trial on ‘contempt’ charges.Mrs. Isiguzo has been variously described as Governor Ohakim’s ‘judicial undertaker’ and ‘hatchet woman’.

Tribunal also recalled that before Samuelson, there were two previous other cases of assault by the governor’s security personnel on innocent citizens, including a woman in Lagos (assaulted in the presence of her two children, also for blocking the governor’s convoy) and another journalist in Owerri (brutalised for writing unfavourable articles against the governor). Tribunal condemned these serial acts of executive ‘madness’ and called for an end to it.

Tribunal observed that the Southeast has so far recorded the highest number of victims of police abuse and abuse of power by public office holders in Nigeria indicating the high level of impunity and tyranny that characterises governance in the geopoliticalregion, compared to other regions in Nigeria. Tribunal called on the Governors of the States in the region to observe the rule of law, commit to good governance and guarantee the welfare and security of their citizens. Tribunal also urged civil society organisations in the region to be alive to their duties and sensitise the people to know their rights and stand up for them.

Summary of the findings and recommendations on others cases heard by the Tribunal.

CASES

  1. NAME OF CASE:
  • Nnachetam Anthony
  • Charles Maduka Ede
  • Onyekachi Edenta
  • Ra Nnaji Esq.
  1. NATURE OF THE ABUSE/VIOLATION:

Torture and unlawful arrest and detention

  1. VICTIM(S)
  • Nnachetam Nnamani
  • Charles Maduka Ede
  • Onyekachi EdentaRay Nnaji Esq.
  1. PERPETRATOR(S)

Policemen at SARS Enugu, particularly,

  • Corporal Ugochukwu Ozoude alias Orthopedic,
  • Head of SARS, Enugu – Jude Agbanejero
  • Supol A.T. Hussani, former DPO Agbani police station
  • Mr. Afam Nnaji alias Okity –Special Adviser to Enugu State Governor on Political Affairs
  • Police Nnamchi
  1. BRIEF ACCOUNT OF ABUSE/VIOLATION

Nnachetam Anthony Nnamani was arrested by police at Agbani Police station and detained for 5 days on spurious allegation of stealing money belonging to Moses Chikezie. The arrest was masterminded by Mr. Afam Nnaji alias Okity, who had issues with the applicant arising from Akpugo community dispute. He was not charged to court, and the complainants were not arrested for giving false information. Months later, Nnachetam bought 3 buses for his commercial business and Mr. Afam Nnaji again brought the police to arrest him and seize the vehicles and transferred to SARS Enugu where he was detained for 4 months. He was severely tortured by policemen at SARS, especially by the IPO, Ugochukwu Ozoude, alias Orthopedic. He was tied upside down and hung for hours. He was made to carry corpse of other suspects they had shot and killed, and told him someone else would shortly carry his own corpse. They used wire to flog his back, leaving bumpy scares. They made him roll on blood of other suspects they shot and killed at the station. His lawyer, Ray Nnaji, filed a suit in court, and obtained an order for his release. He was rather charged to magistrate court on 31 July 2009 on a holding charge of robbery and remanded in prison for 5 months. He was released by the court following DPP’s legal advice that there was no evidence to sustain the charge.

Their lawyer Ray Nnaji Esq., in the course of defending his clients, was arrested by 10 fully armed policemen and taken to Agbani Police Station and he petitioned the police authorities but got no response. He went to court for the enforcement of his fundamental human rights and bail to his client. The court made orders that the police refused to obey. He filed forms 48 and 49 which were to be served personally but the police refused to accept service. He got order for substituted service but the courier service man that went to serve the court order was beaten up by the police.

Mr. Charles Maduka Ede and Mr. Onyekachi Edenta had visited Nnachetam at the police and they were arrested, detained and tortured for a month and 2 weeks and later released without any charge.

  1. APPROPRIATE CAUSE OF ACTION:
  • Investigate and discipline policemen at Agbani Police Station, and SARS Enugu state, who were involved in the unlawful arrest and torture of the victims, especially, Supol A.T. Husanni, and CPL Ugochukwu Ozoude alias Orthopedic.
  • Pay compensation for long detention of victims in police cell and in prison
  • Release of the buses of the victims held by the SARS Enugu, and payment of compensation for loss of income from commercial use for a period of more than 1 year.
  1. AUTHORITY TO COMPLAIN TO:
  • Enugu State Police Command
  • AIG, Zone 9, Umuahia
  • Inspector General of Police
  • Governor of Enugu State
  1. POSSIBLE REMEDY(IES) FOR VICTIM(S)
  • Release of seized vehicles
  • Payment of compensation for unlawful detention and for loss of use of income for use of commercial vehicles
  1. APPROPRIEAE SANCTION(S) FOR PERPETRATOR(S)
  • Investigate and prosecute the perpetrators
  1. ANY OTHER RECOMMEDATION
  • The IGP should as a matter of urgency re-organize SARS and the entire anti-robbery operations of the Nigeria police force, so as to insulate them from abuse of office as in this case. The police in SARS, Enugu and many other places in the south east are being used by politicians and other influential persons to victimize their opponents or to settle dispute that are purely civil or communal, therefore a human rights desk, as a matter of urgency, should be established in all the police stations in Nigeria manned by a senior police officer
  • Rule of law must prevail in Nigeria and so the Nigeria Police Force must obey court orders and allow court processes to be served on it without hindrance

……………………………………………………………………………………..

  1. NAME OF CASE:

Ekwedum Community seeking justice for murder of late Mr. Augustine Igbokwe and attempted murder of Chinedu Ngumas.

  1. NATURE OF THE ABUSE/VIOLATION:

Summary execution, Murder, attempted murder, police failure to investigate and prosecute perpetrators, abuse of power by Attorney General of Imo State to frustrate prosecution of the perpetrators.

  1. VICTIM(S)
  • Late Augustine Igbokwe
  • Mr. Chinedu Ngumas, also shot but survived the gunshot by the perpetrators.
  • Ekwedum community, Imo State
  1. PERPETRATOR(S)
  • Hon Jasper Ndubuaku
  • Mr. Richard Azubuike Ndubuaku
  • Imo State police command
  • Attorney General of Imo State
  1. BRIEF ACCOUNT OF ABUSE/VIOLATION

On 14 April 2007, following long-standing community-related dispute, Mr. Jasper Ndubuaku was engaged in an argument with late Mr. Augustine Igbokwe along Okpo-uhuru road, Umuakum, Isiala Mbano LGA Imo state during the community’s palm fruit harvest festival. Eye witnesses testified that Jasper Ndubuaku pulled out a gun and shot Mr. Igbokwe point blank and he fell and died on the spot. Mr. Chinedu Ngumas rushed to carry Augustine Igbokwe when he fell down, and Mr. Richard Azubuike Ndubuaku, who was with Jasper at the time, pulled his own gun and shot Mr. Ngumas on the chest and abdomen. He was later taken to the hospital and survived the injury. The matter was reported to the police but Messrs Jasper and Richard Ndubuaku had not been arrested and prosecuted. Jasper Ndubuaku is currently the Special Assistant to the Imo State Governor on Inter-governmental Affairs. The police reportedly completed its investigation and forwarded the file to the Attorney General for legal advice, a procedure that is not known to Imo State Criminal Procedure law. Ordinarily under the law, the police should charge the suspects to the magistrate court, and the court would then order the case file to be sent to the AG for legal advice. However, the AG has not responded to request for legal advice to the police, or filed the necessary information before the appropriate court. When the suspects were briefly arrested, the AG on March 10 2010 wrote to the police through the Solicitor General of Imo State ordering the stoppage of arraignment of the suspects pending further instruction. The community had petitioned to the Imo State police command, Imo State Governor, AIG zone 9 Umuahia, and IGP, to no avail.