ABUJA (Sundiata Post) – A human rights group, Intersociety, has written a letter to Acting President Yemi Osinbajo, requesting the Federal Government to set up a judicial commission of Inquiry into allegations of gross violation of human rights against the Nigerian Military.
The letter reads:
Prof Yemi Osibanjo, SAN
Acting President of Nigeria & Commander-in-Chief of the Armed Forces
Sir,
Gross Abuses of Human Rights In Nigeria: Demanding For FEC Approved Special Criminal Investigations Board And 3-in-One Judicial Commissions Of Enquiry Within 90 Days In Compliance With Int’l Law’s Principles Of Complementarity & No Impunity
(Intersociety Nigeria, 29th June 2017)-We are Int’l Society for Civil Liberties & the Rule of Law (www.intersociety-ng.org). We thematically advocate for promotion and advancement of civil liberties and rule of law, citizens’ security and safety; and democracy and good governance including integrity, probity and accountability in governance.
Recall Sir that Nigeria had since 29th May 2015 when the Buhari/Osibanjo’s sixth central civilian Government which you now head in acting capacity came on board; recorded gross abuses of human rights or commission of heinous crimes amounting to crimes against humanity, war crimes and genocide. The gross rights abuses majorly occurred in the course of counterinsurgency operations in the Northeast undertaken by the Armed Forces particularly the Nigerian Army as well as unconstitutional and violent involvement by the Army in the civil assemblies and processions peacefully organized by social and religious voices in Nigeria or in any part thereof.
The Nigerian Army’s violent crackdowns or disruption of civil assemblies and processions in Nigeria occurred in Northwest (i.e. Kaduna), Southeast and parts of South-south geopolitical zones in periods between August and December 2015 and January/February and May 2016 as well as January 2017. These are classified as State actor fueled or caused gross human rights abuses or heinous crimes perpetrated or carried out in non-war situation or peacetime; amounting to crimes against humanity and genocide.
On the other hand, Sir, the killings by the armed Fulani Herdsmen or Fulani Terrorist Group and other reprisal killings (i.e. killing of Fulani citizens by victims’ group, if any) constitute the bulk of non-State actor gross human rights abuses in Nigeria since June 2015 and they amount to crimes against humanity perpetrated in non-war situation. Over 2800 defenseless citizens including women and children have been killed by the referenced illicitly armed agro-Jihadist group since June 2015 particularly in Southern Kaduna and Benue State and most of the victims are members of rural Christian population. Hundreds, if not thousands of women belonging to the victims’ groups have been raped as well.
It is also on record Sir that till date, the Buhari/Osibanjo central Government which you now head in acting capacity, has refused to declare the armed Fulani herdsmen as terrorist group or armed opposition group and have their mother organization-Miyatti Allah Cattle Breeders Association of Nigeria proscribed in line with extant laws of the Federation. Their leaders and foot soldiers have remained untouchable and an outlaw with on single one of them arrested or put on trial in Nigeria or any part thereof till date.
Sir the war crimes or war related gross abuses of human rights under complaint involve: (1) custody and open killing of civilians or noncombatants by the Nigerian Army in the course of its counterinsurgency operations in Northeast zone since June 2015 including the alleged death in Army custody in Maiduguri of 240 civilians including 29 children aged between new born and five years and (2) the Rann IDP Camp bombing and killing of 236 defenseless civilians on 17th January 2017 by the Nigerian Air Force. These unlawful killings in wartime are classified as war crimes and genocide under int’l criminal law including the Geneva Conventions or Laws of War of 1949 and its four protocols of 1977.
On the other hand Sir, there had been three major non-war or peacetime killings in Nigeria since June 2015 resulting in gross abuses of human rights leading to over 1,750 deaths and 800 injuries. They include (1) violent crackdown/disruption by the Chief of Army Staff (Lt Gen Tukur Yusuf Buratai), his convoy and personnel of the Nigerian Army of Shiite Muslims’ religious processions of 12th to 14th December 2015, leading to death of over 800 defenseless members of the group and hundreds of injuries. There are also post December 2015 killing of members of the group also called Islamic Movement of Nigeria (IMN) by security forces. In all, a total of not less than 1,120 Shiite Muslims lost their lives to Nigeria’s security forces particularly the Nigerian Army between December 2015 and November 2016.
The second major non-war or peacetime killings in Nigeria were the massacre of unarmed and defenseless pro Biafra activists in Southeast and parts of South-south Nigeria which took place between August 2015 and January 2017, leading to death of over 270 and injuring of over 370 others. The Nigerian Army and the Nigeria Police Force account for 75% and 20% of the killings and maiming respectively.
The third major non-war or peacetime agro-Jihadist killings in the country perpetrated by a non-State actor group called “armed Fulani Herdsmen of the Miyatti Allah Cattle Breeders Association of Nigeria”, who are apparently protected and aided by the State are the ongoing massacre of members of predominant rural Christian population in Nigeria which rose to an apogee since June 2015, leading to death of not less than 2800. There may also have been pockets of reprisal killing of their members by the victims’ groups owing to institutionalized culture of impunity and selective application of law and criminal sanctions in Nigeria.
Sir, these non-war or peacetime killings grossly and gravely violate Nigeria’s 1999 Constitution particularly the citizens’ collective and individual rights to life and protectable and safe living contained in Sections 14 (2) (b) and 33 of the Constitution. Regionally and internationally, they constitute grave violation of Nigeria’s sacred obligations to regional and international human rights treaties or conventions including the AU Charter on Human & Peoples Rights of 1981 and the UN Covenants on Civil and Political Rights and the Economic, Social & Cultural Rights of 1976, ratified by Nigeria in 1983 and 1993 respectively.
They also gravely breach the Principles & Purposes of the United Nations: saving future generations from war, reaffirming human rights and establishing equal rights for all persons; in addition to promoting justice, freedom, and social progress for the peoples of all of its member States.
Sir, while it is constitutionally, regionally and internationally indisputable that members of the Armed Forces of any member-State of AU and UN such as Nigeria are charged with the responsibilities or mandates of rendering defensive services domestically in extreme emergencies such as during internal armed conflict in their country or any part thereof counterinsurgency operations against Boko Haram terrorism in Northeast Nigeria inclusive, but those exercising such mandates must when called upon or commanded, render the account of such mandates and take full responsibility for their illegalities and atrocities no matter how long it takes.
As you may professorially be aware or unaware Sir, there are no defenses of impunity and immunity for the perpetrators in the commission of heinous crimes or perpetration of gross abuses of human rights in the course of their securitization or professional duties and mandates. This is more so when such defenses are nationally, regionally and internationally outlawed and made inexcusable.
These also explain why the Third Protocol to the Geneva Conventions or Laws of Armed Conflict of 1949 was specifically enacted in 1977 to checkmate the conducts of the combatants of the protagonist and antagonist sides as they relate to treatments of civilian populations or noncombatants including women, children and IDPs in widespread or clustered internal armed conflict (s). The Doctrine of Rules of Engagement and its principles of use of force, self defense and exclusion from attacks of non-military necessity and places of worship and religious symbols during armed conflicts and their zones was also put in place.
Constitutionally, regionally and internationally speaking Sir, members of the Nigerian Armed Forces particularly the Army are totally prohibited from involvement in policing or management of peaceful assemblies including social and religious protests and processions in Nigeria or any part thereof. Their protective military and defensive interventions or involvements in democratic dispensation are only strict required during munity, insurrection, internal armed struggle or conflict and externally and territorially threatened inter State armed conflict or natural hazard-induced State of emergency.
Therefore, Sir, Nigerian Army’s supplementary policing roles in the internal security of Nigeria under civil authority or rule or democratic dispensation must not be misconstrued and have nothing whatsoever to do with its recent violent policing or crackdown on religious faithful peacefully engaging in open street religious processions or a group of disenchanted and aggrieved citizens or social voices showing their grievances through church vigils, clustered singing and praises or engaging in ghost and open street protests or roadside picketing in the form of nonviolent socio-political self determination agitation.
It must be clearly stated Sir that the Nigeria Police Force, equipped with modern crowd control kits and equipment other than lethal weaponry are constitutionally, regionally and internationally charged with the responsibilities of protecting and policing civil assemblies in Nigeria or any part thereof, which must be discharged within the confines of international best practices or modern crowd control methods.
Nigeria’s constitutional obligations to its citizens in non-war situation or peacetime:
Sir, Nigeria is not a zoo or an animal kingdom where anarchy and survival of the fittest reign, but an independent country governed by a set of rules under its 1999 Constitution with clearly spelt out and written constitutional dos and don’ts for its 17,500 appointed and elected public office holders including its 1,625 State and Federal elected public office holders.
These dos and don’ts are contained in Sections 13 (demands inexcusable adherence by public office holders to the provisions of Chapters Two and Four and other provisions of the Constitution) and 14 (2b)(provision of security and welfare by public office holders to the citizens as well as their protection and safe living) of its fundamental objectives and directive principle of State policy as well as its Chapter Four or Sections 33-46 (i.e. rights to life, dignity of human person, personal liberty, fair hearing and fair trial, peaceful assembly, association and expression, right against indiscriminate arrest and long detention without trial and rights to freedom of movement, thought, conscience and religion/worship, etc).
By Section 33 of Nigeria’s 1999 Constitution, Sir, no citizen shall be killed arbitrarily except in extreme circumstances such as if he or she is an active participant in armed struggle or violent conflict, insurrection or munity. That is to say Sir that where Nigeria’s 1999 Constitution ends in preserving, providing, protecting, promoting and advancing these citizens’ constitutional liberties and human rights including pursuit of happiness; the African Charter on Human & Peoples Rights begins.
Please see Nigeria’s Supreme Court decision in Gen Sani Abacha & Ors v. Chief Gani Fawehinmi (2000) 4 FWLR 533. The relationships between a Member-State of AU and its citizens are also clearly spelt out in Article 19 of same African Charter on Human & Peoples Rights of 1981, ratified and constitutionally domesticated by the Federal Republic of Nigeria on 17th March 1983 and presently cited as African Charter on Human and Peoples Rights (Ratification and Enforcement Act, Cap A9, Laws of the Federation of Nigeria 2004.
Nigeria’s regional and international obligations to its citizens in non-war situation or peacetime:
Nigeria as a State Party to UN and AU is strictly bound by numerous regional and international human rights treaties or conventions including the African Charter on Human & Peoples’ Rights (ACHPR) of 1981, ratified and domesticated in 1983; the UN Covenants on Civil & Political Rights (ICCPR); and Economic, Social & Cultural Rights of 1976 (ICESCR), ratified in 1993. Nigeria is also a State Party to UN Genocide and Torture Conventions of 1948 and 1985 respectively as well as the UN’s Women and Child’s Rights Conventions of 1984 and 1990 respectively, to name but a few.
Sir, Nigeria as a leading member of the UN and international community is also bound by the Basic Standards of International Law & Humanitarian Principles. Under this are the ten basic rules or standards for policing public and peaceful assemblies in any member-State; which expressly recognize the rights of the citizens of all Member-States of the UN including Nigeria, to peaceful assemblies and expressions other than armed conflict and strictly outline ways through which these assemblies shall be managed or policed by policing agencies excluding the army.
Under the ten basic standards of international law made mandatory for policing agencies of Member-States of the UN for management of civil assemblies and free speeches as well as arrest, detention and prosecution of citizens accused of commission of municipal crimes of relevant municipal code definitions; the following rules must be observed and strictly applied:
(1)everyone is entitled to equal protection of the law without discrimination on any grounds, especially against violence or threat..; (2) treat all victims of crime with compassion and respect, and in particular protect their safety and privacy; (3) do not use force except when strictly necessary and to the minimum extent required under the circumstances; (4) avoid using force when policing unlawful but nonviolent assemblies; (4) when dispersing violent assemblies, use force only to the minimum extent necessary (i.e. in line with proportionate use of force and avoidance of application of excessive force on unarmed but violent or aggressive assemblies).
Others are (5) lethal force should not be used when arresting nationals suspected of committing municipal or local crimes except when strictly unavoidable in order to protect your life or lives of others; peaceful or provoked violent assemblies do not amount to commission of municipal crimes other than insurrection, mutiny or armed struggle; (6) arrest no person unless there are legal wounds to do so and ensure that the arrest is carried out in accordance with lawful arrest procedures; (7) ensure that all detainees have access, promptly after arrest to their families and legal representatives and to any necessary medical assistance.
The rest are (8) all detainees must be treated humanely and avoid infliction, instigation or toleration of any act of torture in any circumstance and refuse to obey order to do so; (9) do not carry out, order or cover up extrajudicial executions or disappearances of the arrested or the detained and refuse to obey any order to do so; (10) report all breaches of these basic standards to your senior officers and to the office of the public prosecutor and do everything within your powers to ensure steps are taken to investigate these breaches.
In policing or managing such civil assemblies and free speeches, particularly if they become uncontrollable and capable of breaching public peace and safety, policing agencies and their officers must apply the following modern crowd control methods or kits and equipment: tear gas, rubber bullets, pepper spray, electric tasers, batons, whips, water cannons, long range acoustic devices, aerial surveillance, police dogs, etc; and they must be bodily aided or protected by body protective devices such as anti crowd helmets, face visors, body armor (i.e. vests, neck protectors, knee pads, etc), gas masks and anti crowd shields. Sir, it is crystal clear from the above that these fundamental rules were observed in grave breach in the instant case.
Regional and international obligations of Nigeria to its citizens under armed conflict or war situation:
Under circumstances of war or situations of internal conflict, Sir, the military and humanitarian handling or management of same are strictly regulated regionally and internationally. On humanitarian and use of force aspects, Nigeria is a party to UN Statute on Refuge of 1951 and allied treatments of IDPs. Nigeria is also a State Party to the Statute of the International Criminal Court of 1998. Nigerian armed forces and police are also strictly bound by the UN’s Code of Conduct for Law Enforcement Officials of 1979 and the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials of 1990.
In the area of intra and inter-State armed conflicts, Nigeria is bound by the Geneva Conventions or Laws of War of 1949 and their Four Protocols including the doctrine of rules of engagement and its principles of use of force, self defence, and others already highlighted above. Nigeria is also a State Party to anti Genocide and anti Torture Conventions of 1948 and 1985 respectively.
Sir, as you may professorially be aware or unaware, the Rules of Engagement traditionally and universally associated with internal and inter -State violent or armed conflicts or wars are the integral part of the Geneva Conventions of 1949 or Laws of War and their Four Protocols of 1977. They originally came from the three war related doctrines of Jus Ad Bellum (justification and ground for going to war); Jus In Bellum (ethical rules of conduct during war, such as ethical standards expected of soldiers or combatants in wartime or rules of engagement); and Jus Post Bellum (regulations on how wars are ended and facilitation of transition from war to peace).
Another name for the Rules of Engagement is the Standard Rules for the People of the War. The People of the War here literally means parties in the conflict who occupy the conflict areas such as fighting parties, non-combatants or civilians or IDPs and Refugees as well as other third parties directly or indirectly participating or affected by the conflict.
Further, Sir, key features of the internationally standardized Rules of Engagement strictly applicable in war or conflict situations are (1) legitimate use of force, (2) proportionality of use of force, (3) legitimate self defense, (4) treatment of prisoners of war or conflict, (5) avoidance of attacks on non-military necessity or civilian targets or properties, (6) avoidance of attacks on civilians or non-combatants, (7) treatment of the wounded, (8) avoidance of attacks on culture symbols or places of worship, (9) avoidance of attacks on humanitarian agencies and personnel/human rights activists; (10) treatment of other peoples of the war (i.e. spies and journalists).
Nigeria’s obligations to UN and its citizens under UN System:
The UN’s new concept of sovereignty as a responsibility or citizens’ sovereignty and maintenance of international peace and security as the core foundation of the Purposes of the 193-member Organization; is inviolably binding on Nigeria as a key Member-State. Nigeria is also bound by the Customary International Law under UN System particularly those that are inviolable by virtue of their doctrine of “substantial uniformity by substantial number of States” or “Opinio Juris” (i.e. a general belief binding on all Member-States that a non-treaty is legally binding on States); and importantly, the principle of “Jus Cogens” (i.e. absolute rules of general international law binding on UN Member-States for which no derogation is permitted). These include use of crude, deadly or asymmetric force against vulnerable and unarmed populations; perpetration of genocide, war crimes, and crimes against humanity; massacre of unarmed and defenseless citizens in non war situations, slavery, torture, etc.
Reasons for Writing:
It shocks and saddens us; Sir that till date no single person in connection with these atrocious crimes above mentioned has been punished or arrested and prosecuted by the present Federal Government of Nigeria which you now head in acting capacity. The living victims or survivors and families and relatives of the slain have also been totally abandoned with several of them passing through post traumatic stresses and disorders. It is out-rightly saddening that the present central Government now under your acting leadership has turned blind eyes; in addition to conspiracy of silence maintained by Nigeria’s leading human rights groups and activists particularly those concentrated in Lagos and environs.
There have been several researched and thoroughly investigated reports by leading international and local human rights groups especially by Amnesty Int’l, Human Rights Watch and Int’l Society for Civil Liberties & the Rule of Law and in spite of their several calls on the present central Government to fish out and bring the culprits to book and punish them accordingly and adequately compensate the living victims or survivors and dead victims through their families or relatives, nothing of such has happened till date. As a matter of fact, Sir, the perpetrators are still on the prowl with impunity.
For the avoidance of doubt Sir, there are special reports by Amnesty International and Human Rights Watch on Shiite Muslims’ massacre in Zaria as well as in-house investigations carried out by the authorities of the Shiite Muslims.
Till date, the leader of Shiite Muslims in Nigeria, Sheik Zaky El-Zaky and his wife-Malama Zeenatu are still being detained incommunicado or without trial or bail since 14th December 2015; a period of 18 months. While the Shiite leader got shot and battered with eighteen live bullets removed from his body, his wife had four live bullets removed from her body as well (source: IMN leadership 2016).
The following are links to AI and HRW reports: https://www.amnesty.org/en/latest/news/2016/04/nigeria-military-cover-up-of-mass-slaughter-at-zaria-exposed, https://www.hrw.org/news/2015/12/22/nigeria-army-attack-shia-unjustified, (https://www.amnesty.org/en/latest/news/2016/09/nigeria-crackdown-and-shrinking-civic-space/, https://www.amnesty.org/en/latest/research/2017/02/amnesty-international-annual-report-201617/.
The link to IMN’s in-house investigation is here: https://ournaijablog.wordpress.com/2016/01/26/zaria-massacre-full-list-of-names-and-photos-of-705-missing-people. http://www.premiumtimesng.com/news/headlines/197360-zaria-massacre-nigeria-shia-group-releases-705-names-photos-of-missing-members-full-list.html
There are also comprehensive reports of Amnesty Int’l on mass killing and maiming by Nigerian Army, Nigeria Police Force and ors of defenceless pro Biafra activists in Southeast and parts of South-south Nigeria as well as the alleged death in Army custody of 240 civilians including 29 children aged between new born and five years in Northeast State of Borno. The links are here: https://www.amnesty.org.ng/sites/default/files/Nigeria_bullets_were_raining_everywhere%20web.pdf, https://www.amnesty.org/en/latest/research/2017/02/amnesty-international-annual-report-201617/
On our part, Sir, our organization had also investigated and issued reports in all the killings and maiming above mentioned. Chief among them is our 12th March 2017 Special Report: Welcome to Bleeding Republic of Nigeria: A Land Flowing with Blood and Tears. The link to the special report is here: http://www.intersociety-ng.org/site-administrator/downloads/category/17-special-report, http://www.intersociety-ng.org/video-gallery/item/235-welcome-to-bleeding-republic-of-nigeria-a-land-flowing-with-blood-and-tears-1. The link to our statement on Rann IDP bombing and killing of 236 civilians is here: http://www.thetrentonline.com/rann-airstrike-breach-geneve/
Our writing you Sir follows attempts by the strongly suspected masterminds of the above named butcheries to escape local and international justice. In Kaduna State, for instance, one of those fingered as a co-mastermind of the massacre of Shiite Muslims in December 2015 had gone to the extent of hurriedly setting up a selective and segregated judicial commission of enquiry for facilitate its escape from local and international criminal and civil sanctions. The named suspected co-mastermind is the Governor and his Government of Kaduna State.
Apart from mass boycott of the Judicial Commission of Enquiry and its proceedings by the IMN on account of lack of fairness, impartiality and independence, the findings of the Commission are also being selectively and vindictively implemented by the Government of Kaduna State; whereby, for instance, hundreds of innocent Shiite Muslims are arbitrarily arrested and detained on phantom accusation of killing an army corporal during the December 2015 massacre of over 800 members of the group whereas no single soldier including the COAS has been arrested and charged for mass murder and attempted genocide.
The army corporal in question is independently said to have died of wounds sustained in Northeast in counterinsurgency operations against Boko Haram insurgents, yet he is said to have been crookedly linked and disguised as “a fallen victim of Shiite attacks”. Not minding that the Kaduna State Judicial Panel, though selective and partial, opened up and admitted that “347 Shiite Muslims were massacred by Nigerian Army on 12th and 14th December 2015”; no single personnel of the Nigerian Army especially its COAS, Lt Gen Tukur Buratai has been put behind bars till date.
As you are aware or unaware, Sir, the authorities of the Nigerian Army led by its Chief of Staff, Lt Gen Tukur Yusuf Buratai have also engaged in all kinds of image laundering, panicky and self exonerative efforts to escape local and international justice over their genocidal roles in the massacre of Shiite Muslims in Zaria and unarmed pro Biafra activists in Southeast and parts of South-south Nigeria.
In order to exonerate themselves and escape justice, Sir, rented crowds have been hired; overnight CSOs and pro human butchers’ activists raised and sponsored. Conformist media activists have also joined. Cases in point are the recent picketing by recruited pro human butchers’ activists at Amnesty Int’l office in Abuja and protests by allied others at the US Embassy in Lagos against a certain compensatory and declaratory justice suit filed against Tukur Buratai el al at the US District Court of Columbia by some families of the slain nonviolent pro Biafra activists.
As if these were not enough, Sir, the Nigerian Army also went and set up a Board of Enquiry on 9th March 2017 peopled by its serving and retired personnel to investigate itself over serious and grievous human rights concerns raised by the above named leading local and international human rights groups and as expected the said Board of Enquiry issued a kangaroo report on 16th June 2017, exonerating itself and claimed that “nobody was killed in the pro Biafra violent protests”; forcing us to awash the public with graphic and gory accounts of the atrocities of the Nigerian Army during pro Biafra civil protests or assemblies in Southeast and parts of South-south Nigeria leading to over 270 deaths and 370 injuries.
Contradictorily, Sir, the same COAS had in December 2016 during the 2016 Chief of Army Staff Conference in Owerri told the media that his Nigerian Army “killed IPOB members during their protests because they were armed and we acted in self defense”( https://www.olisa.tv/2016/12/why-we-killed-pro-biafra-protesters-buratai-speaks/). Copies of the report summaries and that of our special report (welcome to bleeding republic of Nigeria: a land flowing with blood and tears) are attached below.
Sir, our writing you, therefore, is solely predicated on the foregoing. As you may professorially be aware or unaware, whenever heinous crimes or issues of gross abuses of human rights such as the above named are raised against some public office holders of a serving central Government such as yours, the said Government must exercise its powers and rights under the International Law’s Principles of Complementarity and No Impunity by ensuring as matter of uttermost immediacy and public importance that the masterminds or chief culprits are fished out and brought to book accordingly and in line with the international best practices .
The serving Government must in doing so measure up with the principle of ability and willingness and where it fails or refuses to do so within a reasonable stipulated period time frame, such central home Government loses its rights and powers and a principle of inability and unwillingness will be invoked or entered against it. It is at this stage that regional and international criminal remedies and safeguards will inexcusably be resorted to and defense of territorial sovereignty or integrity will fail woefully if invoked by the municipal Government. These are also provided in the Rome Statute for International Criminal Court of 1998, signed and ratified by Nigeria on 27th September 2001.
We had during the public presentation of our referenced special report on 12th March 2017 demanded and given the present central Government which you now head in acting capacity 90 days to investigate all the gross abuses of human rights under complaint. Unfortunately, the demand went unmet. We are using this medium again to extend our demand which is also a popular demand, for another 90 days to elapse by 1st of October 2017 within which your acting Presidency must have started and advanced the criminal and civil enquiries being demanded.
Suspected Chief Culprits:
Chief of Army Staff, Lt Gen Tukur Yusuf Buratai: vicarious and operational culpability in the massacre and maiming of defenceless Shiite Muslims and pro Biafra activists.
Governor Nasiru el-Rufai/Government of Kaduna State: complicity in the massacre of Shiite Muslims and Southern Kaduna Xian killings.
Governor William Maduabuchi Obiano: complicity and vicarious culpability in the 2nd and 17th December 2015 pro Biafra protest killings and the 29th and 30th May 2016 pro Biafra Heroes Day massacre in Anambra State.
Governor Okezie Victor Ikpeazu: complicity and vicarious culpability in the 18th and 29th January and 9th February 2016 IPOB massacre in Aba
Retired IGP Solomon Arase: vicarious and operational culpability in the pro Biafra protests’ massacre/mass shootings.
IGP Ibrahim Kpotum Idris: operational culpability in the pro Biafra protests’ massacre in his capacity then as AIG Federal OPS
DIG Habila Joshak (then CP Abia), now DIG OPS: vicarious and operational culpability in the pro Biafra singing and rally massacre in Aba.
AIG Hosea Karma (then CP Anambra), now AIG Zone 9: vicarious and operational culpability in the pro Biafra protests’ massacre of 29th and 30th May 2016.
Major Gen Ibrahim Attahiru (then GOC 82 Division, Enugu and now theatre commander, Operation Lafiya Dole): vicarious and operational culpability in the pro Biafra protests’ massacre of 29th and 30th May 2016 in Anambra State and Asaba spill over massacre.
CP Babatunde Johnson Kokomo (then DCP OPS, Anambra), now at Force Headquarters: operational culpability in the pro Biafra protests’ massacre of 29th and 30th May 2016.
Col Issah Mehadi Abdullahi (then Commander/Cantonment Commandant, Onitsha 302 Artillery; now at NIPSS, Jos): operational culpability in the pro Biafra jubilation and protests’ massacre of 17th December 2015 and 29th and 30th May 2016 in Anambra State.
Major C.O. Ibrahim (leader of army massacre operations of 29th and 30th May 2016 in Anambra State): operational culpability in the pro Biafra protests’ massacre.
CSP James Oshim Nwafor (OC/SARS, Anambra during the 2nd December 2015 joint massacre operations at Onitsha Niger Bridgehead): operational culpability in the pro Biafra protests’ massacre.
CSP Bassey Abang (OC/SARS, Anambra during 29th and 30th May 2016 massacre): operational culpability in the pro Biafra protests’ massacre.
ACP Peter W. Nwagbara (then Aba Area Commander during 9th February 2016 IPOB massacre, now in Nasarawa State) operational culpability in the pro Biafra protests’ massacre.
: Lt Col Sidi Umar Kasim (then Commander of 144 Battalion at Ukwa Ngwa that massacred IPOB activists on 9th of February 2016 in Aba; a unit of 14 Brigade, Ohafia): operational culpability in the pro Biafra protests’ massacre.
Retired SSS Director Musa Lawal Daura (SSS DG; his agency supplied hostile intelligence leading to the massacre in addition to participation of his men in the joint security taskforce or JTF that perpetrated the mass murder of pro Biafra activists): vicarious culpability in the pro Biafra protests’ massacre.
Air Vice Marshal Sadiq Abubakar(Chief of Air Staff): vicarious and operational culpability in the 17th January 2017 Rann IDP bombing in Maiduguri that killed 236 defenceless civilians (war crimes) .
National leaders of the Miyatti Allah Cattle Breeders Association of Nigeria: vicarious culpability in various agro-Jihadist massacres by its armed and State protected Fulani herdsmen. The organization should also be proscribed.
Other culprits that may be uncovered by the criminal investigations and proceedings of the 3-in-One Judicial Commissions of Enquiry under demand.
Rejection of Kaduna and Army Boards of Enquiry and Culture of Impunity in Nigeria:
Our total rejection of the Kaduna State Judicial Commission of Enquiry into Shiite massacre and the recent Nigerian Army’s Board of Enquiry into gross rights abuses by its key personnel in the course of its counterinsurgency operations and unconstitutional and violent involvement in civil assemblies in Nigeria leading to death of thousands of defenceless citizens and injuring of over a thousand others is on account of manifest bias and partiality whereby the same Nigerian Army and its key personnel as well as the Governor/Government of Kaduna State being fingered as culprits are those investigating themselves. This is tantamount to being judges in their own case and hearing themselves alone. In other words, it is a fundamental breach of the two natural justice principles of nemo judex in causa sua and audi alteram partem (i.e. do not be a judge in your own case and always hear the other side).
We also frown at the seeming institutionalized culture of impunity and selective application of law in Nigeria whereby citizens of the country from particular or hated section are treated with brazen discrimination by the Government and security agencies including being made to pass through Government’s criminalization and criminal labeling, stigmatization and prosecutorial vindictiveness; while others or favoured or first class citizens are treated kingly. Totality of these has continued to breed divisions and divisive tendencies and have fuelled social radicalization in Nigeria.
Human rights as universally indivisible and indissoluble must be treated as such by your acting Presidency. Where gross abuses of human rights are condoned by Government and intensified by security agencies because the affected victims are “slave-citizens” or third class citizens, they will further push Nigeria into precipice and to crossroads of intractability. We, therefore, call on your acting Presidency to end the raging State actor and non-State actor butcheries in Nigeria or any part thereof. The sadistic menace of armed and government protected Fulani herdsmen must also be proactively checkmated and tamed by your acting Presidency.
The Return of Decree 2 and Long Detention without Trial in Nigeria:
The continuing incommunicado detention of Citizens Ibrahim Zaky El-Zaky and his wife-Malama Zeenatu as well as Chidiebere Onwudiwe, Dave Nwawuisi, Ben Madubugwu and Bright Chimezie Ishinwa, etc is totally condemned. It is constitutionally, regionally and internationally abominable and unjustifiable to throw innocent citizens into indefinite detention for two years without trial on mere account of regime hatred and vindictiveness. It is our further and firm demand that there shall be immediate and unconditional release of all innocent political detainees in Nigeria including the leader of IMN and his beloved wife. All phantom charges against them must be dropped and discontinued by the AGF.
We also urge you, Sir, as acting President of Nigeria and a professor of law and Senior Advocate of Nigeria to direct the AGF and the authorities of the SSS including its DG to discontinue as a matter of uttermost immediacy the draconian, undemocratic and unconstitutional practice of arresting and detaining Nigerians especially the regime critics for several months and in many cases over one year without trial or administrative bail. The most recent case in point is the release by SSS on 23rd June 2017 of the duo of Citizens Henry Onuorah and Bassey Mohammed; two IPOB officials arrested and detained solitarily without charge by the Service since 9th July 2016; a period of over 11 months. Another clear case in point is the inclusion through an amended charge of Citizen Bright Chimezie Ishinwa in the list of those IPOB/pro Biafra activists vindictively arraigned in court by the SSS/AGF. Citizen Bright Chimezie Ishinwa is an IPOB official arrested and detained incommunicado without trial or access to his family and lawyers by SSS since 16th of September 2016.
Despite the 24th May 2017 judgment of a Uyo Federal High Court ordering his unconditional release, the SSS has refused to release him till date; leading to contempt and committal proceedings initiated against the Service. The Service hurriedly filed an amended charge in Nnamdi Kanu and ors pending trial and joined him as a co-defendant. In the said amended charge, Citizen Bright Chimezie Ishinwa was slammed with “conspiracy to commit treasonable felony and improper importation of goods”. On account of this, Citizen Nnamdi Kanu’s present bail or conditional freedom is threatened, if not technically revoked; considering the fact that all the accused persons including Nnamdi Kanu will take fresh pleas leading to their fresh bail applications whenever the hearing on their matter resumes.
Demand for FEC Approved Special Criminal Investigations Board:
There shall be constituted urgently a special criminal investigations board to thoroughly, dispassionately and conclusively investigate: (1) the massacre and maiming of Shiite Muslims in Zaria; (2) the mass killing and maiming of pro Biafra activists in Southeast and parts of South-south Nigeria; (3) the mass killing of predominant rural citizens especially Christians by armed Fulani herdsmen since June 2015 and possible reprisal killing of Fulani herdsmen/citizens by the victims’ groups; and (4) the Rann IDP bombing in Maiduguri and other war related conduct atrocities including Amnesty Int’l’s allegation that “240 civilians including 29 children aged between new born and five years were made to die in Nigerian Army’s custody in 2016 in Maiduguri”.
The modalities for the special criminal investigations board under demand shall be worked out by the Attorney General of the Federation and Office of the Secretary to the Government of the Federation and presented to the Federal Executive Council for ratification and approval. That is to say Sir, upon receipt of this letter of ours and its attachments, you shall refer same to the AGF and Office of the SGF for immediate action.
The composition of such Special Criminal Investigations Board shall be expertly headed by the DIG in-charge of Nigeria Police Criminal Investigations and; composed of representatives of Directorate of Military Intelligence, Military Police, State Security Service, and National Intelligence Agency and their legal departments as well as office of the Attorney General of the Federation.
The investigative personnel so chosen who must be serving members of the Nigerian Armed Forces and the Police and drawn from all the six geopolitical zones of Nigeria. We suggest further Sir that the Board may be decentralized and that its investigative personnel must penetrate impenetrable and avoid any form of armchair syndrome or staying in the comfort of their offices and be inviting members of the public to appear before them. Their fact-finding and crime scenes’ investigation or visitation modes shall be down-top modes or from non-State actors to State actors. Their field investigation personnel must civilianize themselves when visiting (i.e. dressed in plainclothes and avoid brandishing AK-47s). This is to avoid creating unnecessary panics and psychological insecurity among those capable of assisting them in their investigations.
Authorities and offices of those human rights organizations, activists and other relevant stakeholders including the victims’ groups that investigated and issued reports concerning the referenced gross rights abuses or commission of heinous crimes shall be friendly and humanely located and approached. It must be clearly stated here Sir that we may most likely not going to entertain or answer any call or response or invitation arising from this letter except that credibly emanating from the Board of Criminal Investigations under demand which must be headed by the DIG Force Criminal Investigations.
In the case of the trio of Governors William Obiano, Okezie Ikpeazu and Nasiru el-Rufai, they can be criminally and conclusively investigated while in office. If indicted, their trial commences the moment they lose immunity of office with the exception being if they are to be tried internationally such as before the ICC. Please see the case of Fawehinmi v. Inspector General of Police (and Gov Ahmed Bola Tinubu) (2002) 7 NWLR (Pt.767) 606.
Where it is found that the continuing staying in office of the named top officers of the Armed Forces and the Police especially the present IGP, COAS, Chief of Air Staff, DG of SSS, DIG Habila Joshak, Major Gen Ibrahim Attahiru and AIG Hosea Karma, etc will impede or jeopardize the investigations and their outcomes, they should be asked to step aside.
Demand for FEC Approved 3-in-One Judicial Commissions of Enquiry:
There shall be constituted a 3-in-One Judicial Commissions of Enquiry to be decentralized and located in (a) Zaria, (b) Benue and (3) Enugu to look into: (i) massacre and maiming of Shiite Muslims in Zaria, (ii) killings by armed Fulani herdsmen and reprisal killings, if any, since June 2015, and (iii) mass killing and maiming of pro Biafra activists in Southeast and South-south. Its modalities shall also be worked out under your directive by the AGF and Office of the SGF and presented to FEC for ratification and approval.
It shall have representatives drawn from (1) Amnesty International, (2) Human Rights Watch, (3) Nigerian Rights Groups especially those based in the Southeast Zone, Kaduna and Abuja; (4) the Federal Government of Nigeria bearing in mind its federal character principle or geopolitical spread; (5) Nigerian Armed Forces and Police; (6) Nigerian Bar Association; (7) the Catholic Secretariat of Nigeria and its Kafanchan Archdiocese; (8) the ECWA Church in Nigeria and its Kaduna zone; (9) the Christian Association of Nigeria including the PFN; (10) relevant Muslim groups; (11) the Islamic Movement of Nigeria; (12) the Indigenous People of Biafra; (13) Nigerian Union of Journalists, (14) Ohanaeze Ndigbo, (15) etc. It shall be 60% non-State actor and 40% State actor composed.
The 3-in-One Special Judicial Commissions of Enquiry of the Federal Government shall come out with fair and dispassionate recommendations including: (1) punitive and administrative sanctions such as dismissal or sack of those public office holders found vicariously and operationally culpable; as well as their criminal prosecution; (2) proscription of violent groups found culpable and criminal prosecution of its principal officers and foot perpetrators; and (3) adequate compensation of the individual and group victims of State killings as well as those killed by the Nomad Fulani armed group; (4) proper and well publicized State apologies and setting up of the National Sorry Day for those killed outside the law in Nigeria during the periods under review or since June 2015 and victims’ support trust fund whereby 0.5% from the Federation Account and 30% of the living remunerations and pensions and allowances of those public office holders found culpable will be deducted monthly for two years or more, starting from January 2018 and be paid into the victims support trust fund. The findings of the Special Criminal Investigations Board under demand shall be submitted and admitted by the 3-in-One Judicial Commissions of Enquiry under demand to assist same in its proceedings and outcomes.
Demand for Invitation of ICC to Probe and Prosecute War Crimes in Nigeria:
Sir, we demand that your acting Presidency should invite the Prosecutor for Int’l Criminal Court to investigate and prosecute war crimes as raised in Amnesty Int’l Reports including the alleged death in 2016 in Army custody of 240 civilians including children aged between new born and five years. There are also similar reports by AI and ors concerning willful killing of about 1000 civilians in the Northeast counterinsurgency operations contained as well as the January 17th 2017 Rann IDP camp bombing in Borno State, resulting in 236 civilian deaths.
Attachments:
Sir, other important documents attached below apart from the links provided above are: (1) copy of Intersociety’s Special Report (welcome to bleeding republic of Nigeria: a land flowing with blood and tears; with its pictorial evidence segment), (2) the executive summary of the special report, (3) copy of Intersociety’s statement, dated 18th June 2017 and captioned: Nigerian Army’s False Claims Against Slain Innocent Biafra Activists: Graphic Accounts (part one), (4) copy of the concluding part of the statement, dated 22nd June 2017 and captioned: Nigerian Army’s False Claims Against 270 Slain Innocent Pro Biafra Activists & 370 Injured Others: How They Were Massacred And Maimed (Concluded), (5) pictures (a, b and c) of scores of slain pro Biafra activists massacred by soldiers on 29th and 30th May 2016 at pro Biafra Heroes Day mass killings and shootings in Nkpor and Onitsha being conveyed in military trucks to places where soldiers of Onitsha 302 Artillery Regiment and the Government of Anambra State criminally buried them in secret mass graves. The pictures were scientifically and manually verified and linked to crime scenes and their perpetrators; and (6) pictures of 13 lifeless bodies of slain pro Biafra activists comprising those shot and killed in the 9th February IPOB massacre in the premises of the Aba National High School, and immediately after; and dumped by soldiers inside a burrow pit located along Aba-Port Harcourt Expressway. It was manually found by AI team that some of them were tied with cut pieces of Biafra flags.
Yours in Service to Humanity,
For: Int’l Society for Civil Liberties & the Rule of Law (Intersociety)
Emeka Umeagbalasi (Criminologist & Graduate of Security Studies)
Board Chairman
Chinenye Florence Akubilo, Esq., LLB, BL
Head, Campaign & Publicity Department
Obianuju Joy Igboeli, Esq., LLB,BL
Head, Civil Liberties & Rule of Law Programme
Chinwe Umeche, Esq., LLB, BL
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