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About lawyersalert

Lawyers Alert is a Human Rights NGO into capacity building, legal assistance, good governance and documentation of rights abuses, especially of women and other vulnerable groups.

Rommy Mom: The Man with passion for community advancement.

By Akade Emmanue
rommymom
If the greatness of a community is measured by the actions of its members then the Hon. Commissioner for Human Rights at the Police Service Commission, Bar. Rommy Mom is one of those whose actions will elevate not just his immediate community but the North Central zone which is under his purview.
Working hand in glove with the Nigeria Police to establish Community Policing, Bar. Mom’s passion is a return to peace and normalcy not just in his home state of Benue and the North Central, but also across Nigeria.
Hon. Commissioner was in Ushongo LGA of Benue state on Thursday the 16th of May, to inspect the Police station he contributed to his community, Utange, earlier this year.
Bar. Mom was pleased to note that the Ikyo-Adzande, Utange Police station, which has seen police officers and members of the community’s vigilante group working together effectively, is now fully functional.
The combination of efforts by the two groups appear to be a model of what the proposed community policing will offer. According to the Officer in charge of the station, Inspector Emmanuel Ugbatu, and the commander of the vigilante group, Mr Tersoo Iorsula, the programme has so far recorded success in reducing criminal activities in Utange and neighboring communities.
They both thanked Bar. Mom for making their work posts conducive for them and promised to work tirelessly protect the community.
Addressing reporters, Mom acknowledged the efforts of the Inspector General of Police regarding the establishment of community policing in the country and indicated that a model is being developed to enhance a robust approach. He bemoaned the current number of Police officers in the country and equipment at their disposal. Mom described both as grossly inadequate hence the need for communities and local security apparatus like vigilantes to be effectively engaged with the police to form the bedrock for the community policing agenda.
Earlier in the week Barr Mom met with the Tor Tiv V, His Loyal Majesty Orcivirigh Professor James Ortese Ayatse on the same issue. At the meeting he laid out plans to meet with all traditional rulers in the state as well as district and kindred heads as part of an ongoing advocacy and sensitization campaign on community policing. The aim is to enlighten them about what it entails in a bid to secure their buy-in.
The major aim of community policing as being considered by the Nigeria Police Force, is to provide each community with its own peculiar security that also involves the Police to ensure the entrenchment of order according to the dictates of Nigeria’s laws.
*Akade is a public affairs analyst based in Benue State.
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SRHR with Regards to LGBTI Community

by Solumtochukwu P. Ozobulu  Esqlgbti

Sexual and reproductive health right (SRHR) is a growing movement around the world and in Nigeria. The movement is borne out of the need to encourage individuals to explore their sexuality without fear of stigmatization, physical abuse or any other kind of violation as a matter of Right.

The growing nature of SRHR movement is aimed at protecting the vulnerable and Key Affected Persons including the LGBTI community. LGBTI is an acronym for Lesbians, Gay, Bisexual, Trans- gender and Inter- sex. This community with a different and peculiar kind of sexuality has been viewed with negative and discriminatory tendencies especially in Nigeria and other African Countries. This unfortunate trend has sent the LGBTI Community into hiding due to the legal, social and religious environment in our country with attendant consequences.

It is no news in Nigeria that many LGBTI Persons are still being denied key sexual and reproductive health rights and services i.e. their right to enjoy control over and make decisions on their sexual and reproductive health without discrimination.

The homophobic nature of the citizenry draws its link from socio-cultural and religious beliefs and practices. The culture of the people of Nigeria largely frowns at homo sexual practice as it is said to be foreign to the indigenous practices and beliefs. The religious beliefs and teachings also view same sex practice as sinful, unnatural and therefore unacceptable.

The aggregate Socio Cultural opposition to same sex practice and relationships in Nigeria led to the enactment of the same sex marriage (prohibition) Act 2014. The same sex marriage (prohibition) Act together with the criminal and penal code totally criminalizes homosexual activities in Nigeria. According to the words of the criminal/ Penal code,  homosexual act is regarded as “an act against the order of nature”. The maximum punishment in the northern states that have adopted the sharia law is death by stoning among other punishments. That law applies to all Muslims and to those who have voluntarily consented to application of the sharia courts. In the southern Nigeria the maximum punishment for same sex sexuality activity is 14years imprisonment. The various laws forbidding gay practice providing different punishment varying from the state of commission did not take into cognizance the sexual and reproductive health rights of the LGBTI community.

The provision/ enacting of the laws led to an unprecedented violations of the Rights of the LGBTI community in Nigeria even on grounds of suspicion and hearsay.For example in Lagos Nigeria, over 40 Young People were arrested on the suspicion of holding a gay party. The different violations range from physical abuse, verbal abuse, denial of freedom of association, denial of privacy, emotional abuse, rape, denial of quality healthcare among others. These various violations of the LGBTI community prevailed in Nigeria as both the law enforcement agencies and individuals took justification from the various laws prohibiting homosexuality to violate the rights of the sexual minorities at random.

Since most members of the LGBTI community  are seemingly oblivious of their sexual and reproductive health rights, they find it difficult to open up by reporting these violations due to fear of stigmatization. This has led to strong need for  massive sensitization and awareness creation in the area of sexual and reproductive health right and reporting of violations for effective interventions by Civil society organizations and Nongovernmental organizations both local and international in Nigeria.

Part of this sensitization is currently being carried out by Lawyers Alert in its legal literacy project for vulnerable groups in Nigeria. The positive effect of the sensitization is that more awareness of the Rights of KAPs is being recorded across Nigeria, leading  to a decrease in some violations. This can be clearly seen in the Lawyers Alert published findings on Sexual and Reproductive Health Right violations in Nigeria between 2017 and 2019. These findings can be accessed at http://www.lawyersalertng.org/res.php.

 

According to the recent released report of Lawyers Alert on its website in April 2019, Benue state seems to have the highest rate of LGBTI violations among other states in Nigeria. It can be deduced from the published finding that the age bracket more susceptible to be violated in the LGBTI community are those between 20-24years which can be categorized as youth with 58% of violations in 2019 and 63% in 2017. Although the statistics shows a level of decrease yet it is alarming. A critical analysis of the reports brings to limelight the occurance of these right violations, while some are on the increase others are on the decrease. Violations like physical abuse breach of privacy, denial of freedom to associate, sexual expression and  rape seems to be on the increase with 2%, 3%, 4%,1% and 4% respectively while blackmailing, verbal abuse and emotional abuse are on the decrease with 5%, 1% and 2% respectively. Regardless of the increase and decrease of each of the violations emotional abuse still top the chart as it represents 20% of the violations followed by verbal abuse and denial of sexual expression with 18% each. Although some of the right violations like rape and breach of privacy e.t.c represent a little fraction of the violation but it is important to know that every little piece matters when it is in relations to a person’s sexual and reproductive health right.

It is trite to know that the published finding is not all inclusive as just reports from 12 states out of the 36 states in Nigeria were used. Nevertheless, it shows the growth of SRHR movement and the need to deepen and expand the scope in other to curb the menace.

As we all aspire to be part of a society where individuals have knowledge, skills and resources to enjoy their sexual and reproductive health right without violations and subsequently bequeath same to future generations; there is a need to deepen sensitization on sexual and reproductive health right.

 

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SEXUAL RIGHTS VIOLATION IN NIGERIA

By Doris U. Innocent Esq

lawyers alert

Sexual rights embrace certain human rights that are already recognized in national laws, international human rights documents, and other consensus documents. They rest on the recognition that all individuals have the right—free of coercion, violence, and discrimination of any kind—to the highest attainable standard of sexual health; to pursue a satisfying, safe, and pleasurable sexual life; to have control over and decide freely, and with due regard for the rights of others, on matters related to their sexuality, reproduction, sexual orientation, bodily integrity, choice of partner, and gender identity; and to the services, education, and information, including comprehensive sexuality education, necessary to do so.

Sexual and Reproductive Health and Rights SRHR, in Nigeria is an area which, owing to culture and religion, is neither making as much progress nor being given as much space for expression in comparative terms with more “acceptable” rights. Violence against Women and Girls, Abortion, Same Sex Relationships, Female Sex Work, Rights of Persons Living with Affected by or Most at Risk of HIV, Female Genital Mutilation, Unlimited Access to Family Planning, Rights of Persons Living With Disabilities etc. are all issues that citizens regularly confront yet fail to attract the commensurate attention in the positive, from authorities.

The cry out against sexual rights violations in Nigeria is a very serious issue. Sexual rights violations are real and they stare at us every day in our neighborhoods, families and different circles of association. We believe that the first thing we must understand about these individuals is that they are human beings. They are entitled to their basic human rights, they are deserving of love, understanding and acceptance. A lot of organizations have carried out public sensitization, awareness and campaigns through various channels in Nigeria regarding issues related to Sexual and Reproductive Health and Rights. This is an applaud-able approach to dealing with the glaring issues of SRHR violations inherent in our society. There still remain quite a number of people who are either victims of sexual violations or are at risk of becoming victims of sexual rights violation. These victims are usually at left at their own peril, they are seen as objects of constant abuse and discrimination by members of the society.

Lawyers Alert is an established Human Rights Organization with an internationally recognized track record of successful interventions in relation to Human Rights abuses in Nigeria. It is made up of lawyers and other professionals with members across the 36 states of Nigeria. It builds capacity on essentially eco-socio rights, advocacy/legislative engagement, and organizational development. Its programs are essentially the monitoring of rights violations, legal assistance and interventions geared towards enhancing good governance. Lawyers Alert was founded in the year 2000, it was birthed from the place of passion to fight and restore the rights of those whose human rights have been infringed upon. Lawyers Alert has been in the forefront of promoting women’s rights in Nigeria ever since. We have carried out many projects which have impacted positively on the lives of thousands of women and children. Presently, we are implementing projects aimed at eliminating all forms of violence against women and girls, eliminating sexual and reproductive health and rights violation and providing free legal services to victims.

Notwithstanding, Lawyers Alert’s vision remains clear: A developed Nigeria where the rights of vulnerable groups, especially women are respected. Similarly, her mission has not changed: To promote the rights of vulnerable groups, especially women through advocacy and through provision of free legal services. We are not relenting. We will keep doing the best we can to ensure we carry out our mission and achieve our vision. Denial of an individual’s rights is denial of the rights of all. We will always have mothers, wives, aunt, sisters and daughters with us. They are all entitled to their rights. We should individually and collectively stop violating their rights. And we should do the best we can to protect and defend their rights. This is our yearning for Nigeria, and together we can achieve this. Here at LawyersAlert, we have taken up the responsibility to bear the burdens of people whose sexual rights have been violated or at risk of being violated. We also make periodic violation reports, with instrumentality of our web based tool. You can get to know us better through our website http://lawyersalertng.org/ .

It is on this premise that we invite the general public as always to report human right and sexual rights violation against them and other people, we also encourage you to refer people in need of our services to us. We assure you, that we will work to ensure that justice is served.

 

 

 

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PETTY OFFENCES; THE NIGERIAN CONTEXT

By Roseline Oghenebrume, Director Programs, Lawyers Alert

 

 

 

 

 

 

 

 

Dawn sets in the suburbs of the Federal Capital Territory, Abuja, Nigeria. Alhaji Abubakar (Pseudo name) after his morning prayer wakes his family up to begin the grind for the day. His family comprises of two sons and a daughter all aged 15, 13 and 11 respectively. In his words, it is Monday, you have to meet up with travelers at the Jabi Motor Park or else no food for you all. They begin their journey on foot for a 5km walk with their goods to be sold off on their heads. While they approached the park, they sighted the task force team and obviously took to their heels. While the eldest was lucky to have escaped, the two others were swept off the roads in the van of the task force and their goods seized.

These types of petty acts that are seen as offences is regrettably targeted at low income earners, the vulnerable and the poor. For instance, citizens engaged in activities such as loitering are arrested by security agents shouldered with the responsibility of enforcing these laws. In one instance, someone hawking goods in trying to escape arrest jumped off a fly over in Abuja Central District Area, losing his life in the fall. Security agencies go out at night arresting women and breaking people’s doors, dragging them out on account of their sexual orientation and perceived type of job. Commercial bus drivers trying to eke a living are said to commit offences when parked in a non-designated area and can be sent to jail if they don’t come up with the resources to pay their way through. The above is a picture of what a less privileged family/ citizen in Nigeria deals with on a regular/daily basis.

Nigeria is a country with a population of about 180 million persons with over 70% of its population said to be poor. Nigeria recently ranked highest in poverty according to a report by the World poverty Clock released in June 2018.  This shows that the Nigerian criminal justice system cannot effectively cope in keeping with this high population with regard to arrest and prosecution nor does it have the prison to hold these persons.

As it stands today, Nigeria has about 75,000 persons in prison with about 60% of these persons awaiting trial. Those awaiting trial for petty offences account for a higher percentage of those awaiting trial. Petty offences are more to do with the poor and vulnerable who are often prone to these acts owing to economic dis empowerment. Petty actions like hawking, obtaining goods by false pretence, sex work, sexual expression, slander, conduct likely to cause a breach of the peace, use of insulting language, intake of alcohol in some Northern States, etc. are criminalised.

Petty offences are not only inconsistent with sections 34, 35, 41 and 42 of the Nigerian Constitution, which provide for right to dignity of human person, right to personal liberty, right to freedom of movement and right to freedom from discrimination respectively, but are equally inconsistent with Articles 2, 3, 5, 6 and 18 of the African Charter on Human and Peoples Rights duly ratified by Nigeria.

The effect is State resources are expended in rather needless investigations and prosecutions and the prisons congested. Good governance, more attention at economic empowerment and fighting corruption by Government will be more in focus if Government is not distracted by expending resources on petty offences that are criminalised. Petty offences have resulted in lack of justice for the poor, social discrimination sometimes with grave consequences.

We at Lawyers Alert strongly believes that decriminalising petty offences in Nigeria will aid development given the likelihood of more time and focus on development issues.

Based on the above, the following are recommendations;

 

  1. Laws/policy reform which is critical in decriminalising petty offences because the small actions that are made petty offences are being institutionalised by certain laws in Nigeria.
  2. State and Non- State Actors should be engaged. Majority are not aware of the effects of these laws, they have not been made to understand the importance of decriminalising petty offences and its effect on socio, economic welfare of the nation.
  3. Lawyers are to be encouraged to offer free legal services to victims of petty crimes rather than demand professional fees which the vulnerable and poor people who are the victims of petty offenses cannot afford.
  4. Continuous sensitization of the vulnerable and less privileged in the society. Lack of knowledge of human rights or where to get assistance when their rights are abused is part of the problem that institutionalizes petty offenses.
  5. Civil Society groups, the Media and other Human Rights Activists to embark on a campaign towards decriminalization of petty offenses in Nigeria. Petty offenses target the most vulnerable in the country; the poor, less privileged and uneducated.

 

Poverty is not a crime……

Human Right is for all…….

Decriminalizing petty offenses is a human rights issue….

 

 

 

 

 

 

 

 

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Mr. X Terminated On Grounds Of His Hiv Status Gets The Fruit Of His Victory

mrx

Dear Colleagues and folks,

Recall the National Industrial Court of Nigeria’s Judgement prohibiting employers from coercing existing or prospective employees to undergo HIV testing and that dismissing employees on the basis of their perceived or actual HIV-status is unlawful and discriminatory. Recall also the court awarded monetary damages to the total sum of 4,200,000NGN (11,500USD). This followed a suit by Mr. X. who was dismissed on account of his HIV status. Lawyers Alert filed and prosecuted the matter on his behalf. The judgement can be found here.

Lawyers Alert alongside Mr. X met severally with the employers and their lawyers towards negotiating an agreed judgement sum so as to bar an appeal alongside the expected time the appeal would have been disposed of. An appeal can take several years.

Lawyers Alert is happy to announce that last week, we received an inflow for the judgement sum negotiated at 3,000,000NGN (8,400USD) on behalf of Mr. X. Mr. X. was in our office on Saturday 30th March 2019 to receive from Lawyers Alert a cheque in the total sum of 3,000,000NGN representing the entire judgement sum as paid.

Lawyers Alert acknowledges with deep appreciation Southern Africa Litigation Centre (SALC), and everyone that contributed in one way or another towards justice for Mr. X. and the judgement which prohibits employers from coercing existing or prospective employees to undergo HIV testing and that dismissing employees on the basis of their perceived or actual HIV-status is unlawful and discriminatory.

We acknowledge Southern Africa Litigation Centre (SALC), Enda Sante, Joint United Nations Programme on HIV/AIDS (UNAIDS) Nigeria, AIDS Health Foundation (AHF), National Agency for the Control of AIDS, United Nations Development Programme, International Labour Organization (ILO), Coalition of Lawyers for Human Rights (COLaHR), Network of Persons Living With HIV/AIDS in Nigeria (NEPWHAN), Nigeria Network of Religious Leaders Living with or Personally Affected by HIV/AIDS (NINERELA+), Association of Positive youth living with HIV/AIDS in Nigeria (APYIN), Society of Women and Children Living With HIV/AIDS in Nigeria (SOWCHAN), Association of Women Living With HIV/AIDS (ASWHAN) in Nigeria and other Human Rights Activists.

A picture of Mr. X. collecting his cheque can be found here and a video of his experience can be found here.

Thank you.

 

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Lawyers Alert Secures The Release Of John Ibya Through Its Pro Bono Services

 

As part of our free legal services to vulnerable persons, Lawyers Alert is happy to announce that we have secured the release of John Ibya from prison custody. Sometime in July 2018, Mr ibya was arrested by the police in Aliade and was immediately taken to the police station for the alleged offence of conspiracy, attempted robbery and house breaking. He was arraigned at the Chief Magistrate court Aliade for the said offences. He was subsequently remanded in prison custody since July 2018.

The fact that led to his arrest and subsequent detention in prison custody is that, prior to his arrest there was a robbery around his vicinity at Aliade town, where some hoodlums conspired and attempted to break a neighbor’s house for the purpose of robbery.  Police officers swung into action and carried out a random arrest in his neighborhood and in the process, arrested him as a suspect.

John Ibya is male aged 36 years; married with twin babies that were born to him while he was in prison custody.

 

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