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Category Archives: Human Rights

One Day Strategic Planning Meeting On Reducing Human Trafficking In Benue State

Introduction

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On the 24th of September 2018, a case of human trafficking was reported to us at Lawyers Alert for legal advice and possible assistance. That a certain man named Saviour Daboor was placed under arrest and detained by the police at the State Criminal Investigation Intelligence Department (SCIID) Makurdi for an alleged case of human trafficking. That Saviour Daboor an indigene of Benue State on the 4th of September, 2018 took five (5) girls to Lagos State under the guise and pretence that he will make life better for them, by giving them jobs in Lagos. On arriving Lagos, he handed over the girls to an unknown woman who is still at large and surreptitiously left the vicinity. The girls were then taken out of Nigeria to BURKINA FASO, obviously for prostitution and Sex Slavery rather than a conventional job as promised by Saviour. Upon realising their situation, the girls resisted but at that point they are handicapped both financially and emotionally. As part of the job requirements, a medical test was conducted on the girls and it was discovered that one of the girls was pregnant and another sick and this isn’t good for the job. Thus the two were sent back home. Following the arrest of Saviour and the pressure that followed, the third girl was eventually returned. However, two of the victims of the trafficking are still held up with the trafficking gang in Burkina Faso. Saviour is under arrest and in detention and will be due in Court on the 21th November, 2018. The other members of the syndicate are still at large and two of the victims are still under their grips in a foreign land. This is a clear case of human trafficking and women rights violation. These girls undoubtedly have been sold into slavery and from all indication will be made to serve as sex toys.

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Given the above therefore Lawyers Alert held a one day strategy building meeting with partners and stakeholders with a view towards charting out a work plan that will lead to the release of the trafficked girls and the prosecution of the culprits involved. The meeting was also intended to necessitate the building of a movement and a formidable fight that will lead to the release of the girls and subsequent arrest and prosecution of the suspects in Court to account for their actions.

Goal

The goal of this intervention is to enhance the promotion and protection of Women Human Rights in Benue State and Nigeria and to secure the return of the trafficked girls back home and the punishment of the suspected culprit.

Objectives

  • To form a mass movement through collaboration with 5 identified stakeholders towards synergising on the release of the two girls and compensation for all the 5 Victims
  • To design and implement an effective action plan that will lead to the achievement of the project goal.

Expected outputs

  • A copy of the work plan
  • Secure the arrest and prosecution of all the suspected culprits.

Expected outcome

  • A reduction in the incidence of human trafficking.
  • The promotion and protection of women human rights in Benue state.

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The meeting was held at Lawyers Alert’ conference hall.  A total of 28 participants attended the meeting cutting across different organizations and groups. Participating Organizations comprised of State Actors, Non State Actors including the Civil Society, Media and Professional groups.

The meeting commenced with self introduction of participants. This was followed by a welcome address by the Progams Director of Lawyers Alert’ head Office Mr. Lazarus Ahangba. In the address he appreciated their time and commitment to the cause of the project. He briefly introduced the purpose of the meeting and its expected outcome. He urged the participants to be active and make quality contributions. Goodwill messages from NBA, NAPTIP and Ministry of Women Affairs were also delivered. NBA expressed delight to be part of this project and offered their hand of solidarity with pledges of support in any capacity and at any moment the need arises. NAPTIP thanked Lawyers Alert for organizing this meeting and said that the meeting could not have come up at any better time than now. They said human trafficking is becoming more rampant in Benue and equally pledged their support to this project and in any other way possible. The Ministry of Women Affairs equally thanked Lawyers Alert for putting the meeting together and expressed willingness to work with Lawyers Alert in any way and manner as required. After tea break, R.A Hwande Esq, the Legal Officer at Lawyers Alert unpacked the project. In his presentation, he attempted the definition of Human trafficking, traced its history and prevalence level from the federal level to the State, the legal frameworks that criminalizes Human trafficking both local and international. He concluded the presentation with focus on the case at hand outlining its beginning, goal, objectives, expected outputs, outcomes and the progress made so far. After his presentation, one of the victims, Ms Helen narrated in details what happened to them and how some of her friends are still held back in Burkina Faso. This was followed by questions, answers, comments and the development of a work plan and way forward.

In order to develop a more cogent work plan, the meeting broke into two working groups. A technical working group made up of Lawyers and the officials of NAPTIP and a Civil Society/ Media working group. At the end of their deliberations, each group presented their proposed action plan and persons responsible.

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Civil Society/ Media Work Plan:

  • Create a Social Media platform that will serve as an interactive forum that will keep all the project participants together and the conversations alive.
  • Report the meeting and its outcome and also write features periodically on the issue to harvest public support and also sensitize People on the issues of Human trafficking.
  • Monitor Court proceedings regularly.
  • Carry out Advocacy visit to key State Actors and other public institutions including DG Radio Benue, Commissioner of Women Affairs, Wife of the Governor, Commissioner of Justice, NAPTIP and the General Manager the Voice newspapers.
  • Push for the rehabilitation of the victims of trafficking.
  • Create a coalition that will work on this project and other related issues in the State.

Technical Working Group Action Plan

  • The other victims should write a letter of complaint to NAPTIP in order to commence the arrest and possible prosecution of the suspect at the Federal High Court.
  • Explore the possibility of including Kidnap among the charges against the victim.
  • Monitor the progress of the case at the State High Court and explore the possibility of filing a fresh case at the Federal High Court and withdrawing the other case at the lower court.
  • Work closely with NAPTIP, FIDA and the NBA to ensure justice for the victims of the trafficking case.
  • NAPTIP to explore the possibilities of rehabilitating the victims of the case.
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The Compulsory Treatment And Care For Victims Of Gunshots Act, 2017: An Analysis

By Chigoziem Ellen Onugha Esq

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One of the known characteristics of Laws is that it is dynamic and not static. An example is our Constitution which has been changed serially, with the current one being enacted on May 29, 1999. Even with that, the 1999 Constitution has also gone through a couple of amendments. Change in Laws is chiefly a direct consequence of developments within a given society. Of all the challenges confronting Nigeria, I am convinced that health problems are most discomforting, and therefore any attempt by the government to build solid foundations that suit each of the problems of the health sector is going to be a welcome one. Admittedly, the enactment of the COMPULSORY TREATMENT AND CARE FOR VICTIMS OF GUNSHOTS ACT 2017 is a direct attempt to underscore one of Nigeria’s problems with regards to health.

Nigeria has no doubt progressively changed and enacted Laws to take care of its ever-changing environments. One of the offshoots of such progressive changes has been the enactment of the COMPULSORY TREATMENT AND CARE FOR VICTIMS OF GUNSHOTS ACT, 2017.

Prior to December 20, 2017, lots of lives were being lost on a daily basis due to refusal to care and treat gunshot victims by hospitals, agencies of the government and even individuals. Before December 20, 2017; it was common to have people die of gunshot wounds simply because they could not provide either police reports or money for treatment. This is, indeed, careless on the parts of the hospitals, the governments, and individuals. The doctors, for one, appear to have forgotten the Oath they swear to at induction and had rather made money and other materials considerations the substance of their practice.

It is easy to see that the emergence of the Act in question is a complete game changer with regards to the abnormalities associated with the usual refusal to treat gunshot victims. The Act has taken care of thorny issues ranging from police procedures, hospital/hospital personnel’s involvements to that of the public involvement. Its provisions are far reaching, at least, to the extent of gunshot wounds and its victims.

The fourteen provisions of the Act alongside their sections are as follows:

  1. Right to treatment
  2. Duty to assist
  3. Notification of police
  4. Certificate of fitness
  5. Offense
  6. Relations to make statement
  7. Withholding information
  8. Protection of volunteers
  9. Persons guilty of the offense
  10. Duty to notify victim relations
  11. Offense of standing by
  12. Records
  13. Trial of a corporate body
  14. Restitution

Far reaching and beautiful as the provisions of this Act are, citizens who the law is meant to protect may not be able to take maximum benefits of same unless those shouldered with the responsibility of enforcing the law are alive to their various responsibilities. It is easy for this same law to go the way of others before it in terms of implementation.

Unlike the previous instance where the whole burden of safety was on a victim of gunshot wounds, the Act withdraws this burden and places them on the police and the hospital/hospital personnel. The Act also goes ahead to make provisions for restitution at the instance of a High Court to be made by a corporate body or a person convicted of an offense under this Act to a victim of the offense.

Similarly, issues relating to police reports and deposits before treatment of gunshot victims have been taken care of by the new law. We expect better results in that regards, as we encourage citizens to hold on to their rights. That is all we have got.

 

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Election Primaries through the Lenses of the Law

Compiled by Mr Lazarus M.A, Miss Jerum Uneje, R.A. Hwande Esq and S.P. Oobulu Esq

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Nigeria’s democracy is nascent and oscillates on a 4-year election cycle. As the present administration draws close to the end of its tenure, various political parties have conducted primaries across the Federation as stipulated by the legal framework regulating the conduct of elections in Nigeria. Political parties are legally saddled with the responsibilities of sponsoring their candidates’ campaigns for every political position for election.

The law perhaps is apt regarding the conduct of party primary elections regarding how a candidate can be elected. On this point, section 87 of the Electoral (Amendment) act, 2015 clearly lays down the procedure for the nomination of candidates by political parties which could either be by direct or indirect voting. The spirit of this section is in line with provision of section 36 of the 1999 constitution of the federal Republic of Nigeria which guaranteed fair hearing. By direct election, aspirants are given the opportunity of being voted for by all members of the party present at the election venue, while in indirect primaries aspirants are voted for by delegates (the number is usually determined by the position contested for). Whichever procedure (direct or indirect) a political party decides to adopt, the aspirant with the highest votes becomes the representative of the party.

Despite this injunction, the Media, Civil Society and other stakeholders report that the recently held primaries fell short of the provisions of the ELECTORAL (Amendment) ACT 2015. All the major Political parties failed to adhere strictly to the provisions of the subsisting legal framework as shown in a range of malpractices that shadowed the primaries across the country.

The APC (All Progressive Congress) adopted the indirect primary election procedure in Benue State. This system as earlier mentioned makes use of delegates who elect candidates on behalf of the party congress. However, it is alleged that the procedure was not strictly followed in practical reality. For instance, it was reported that during the House of Representatives election for Kwande/Ushongo Federal Constituency, violence ensued because of protests from delegates who alleged that they were being impersonated. Allegations of vote buying and tampering with the delegates list were also rife and thrown at 2 of the aspirants.

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The PDP (Peoples Democratic Party) which also adopted the indirect election procedure also failed to comply with the provision of section 87 of the ELECTORAL (Amendment) ACT 2015. It is alleged that the PDP primary elections at all levels and stages in Benue state were marred by violence, supplanting of candidates, vote buying and clear case of God-fatherism. In Otukpo/Ohimini Federal Constituency for election for example, candidates were alleged to have been substituted.

From the above it is clear that the spirit and tenet of the above section of the Electoral Act was violated in its entirety. In any case, elections, be they at primary or general stage require strict compliance with the provision of the electoral act to ensure peaceful, orderly and smooth conduct. Any deviation from these provisions is punishable under the Act if found guilty by the court of law. For instance, section 122 of the Electoral Act provides for the offence of impersonation and criminalizing same. The punishment paragraph under sub section (1) of the above section stipulates that, if found guilty the person shall be liable for a maximum fine of 500,000 (five hundred thousand naira) or 12-months imprisonment.

 

Other alleged offences also took place. For example, it is widely reported that the All Progressives Congress (APC) failed to conduct the required primary elections for the State House of Assembly; instead, party big wigs selected candidates of their choice for the elections over those desired by the electorate. This is a clear violation of the subsisting electoral law.

The above stated violations have their consequences in varying degrees and dimensions including the following:

The rights of both the delegates and aspirants who have the mandate to vote or be voted for have been fundamentally denied and breached by leaders of the various political parties.

Another serious consequence is the potency of derailing the forthcoming general elections and its credibility.

Another consequence is the breeding of grounds for violence and unrest in the political ecosystem.

Based on the foregoing therefore, the following are recommended:

  • That the Independent National Electoral Commission intensify its monitoring of Party Primaries, investigate allegations and sanction erring Parties accordingly.
  • Sensitize political parties and their officials on the need to adhere strictly to the provisions of the subsisting legal framework regulating the conduct of elections
  • The justice system actors including the Police, the Judiciary and other stakeholders should be sensitized on the need to closely monitor, investigate and sanction erring individuals and parties accordingly.
  • Power brokers should be told of the need to ensure peaceful elections by midwifing a free and fair process thereby providing a level playing field for all.

Leaders of thought such as the traditional and religious leaders should be encouraged to preach against the culture of vote-selling as it inhibits community development subsequently.

 

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Strategic Impact Litigation Training Workshop

Towards getting Nigerian Lawyers to commence active Strategic Litigation cases that offers legal support to resource constrain citizens, Lawyers Alert will be conducting a strategic litigation training for Nigerian Lawyers on the 21st – 22nd of August 2018. Venue will be at Reiz Intercontinental Hotel Abuja. There will be Live streaming of the training on our Facebook  https://www.facebook.com/lawyersalert/ and YouTube page. https://www.youtube.com/channel/UCmeNqfhl9uNCVSmYs_E1_CA?view_as=subscriber You can also follow highlights of the training on our twitter page @lawyersalertNG.

 

 

A ONE DAY SENSITIZATION WITH KABUSA MARKET WOMEN ASSOCIATION ON GENDER BASED VIOLENCE (GBV)

Dated 12Th June 2018.

The problem of gender-based violence (GBV) is an age-long problem in our communities which has led to loss of lives, emotional disorder, psychological torture and other forms of human rights abuses.  These violations happen more in rural areas than the urban areas due to poor access to information, inadequate exposure and anti-human rights cultural practices, leading to an anti-social environment for women and children. Market women who ordinarily carry the burden for over 70% of the Nigerian families and are the economic main- stay of most homes suffer the most. It shows in several ways and not necessarily violent – owing to Market women often non awareness of this, it gradually ebb their sense of dignity and consequent inability to raise citizens who fully appreciate their beings in our homes.

Lawyers Alert as a human rights Organization has identified the gap which has put the lives of many women at the risk of suffering violations and other human rights abuses, and is now engaging market women associations across the country to sensitize them on Gender based violence.

The first of this training held with the kabusa market women – Abuja sorboses. The training which started at about 2:30 PM with over fourty women in attendance was held at the market square and it started with an opening prayer by a delegate of the Market Women Leader, after which a welcome address was taken by the Market Women Leader herself. All the participants briefly introduced themselves. Mr. Yemi Agoro took time to introduce Lawyers Alert as an Organization to the women and also talked about the Objectives of the meeting. Ellen Onugha who is our legal officer took time to talk about legal literacy and Sexual Reproductive Health Rights (SRHR). Mr Yemi Agoro and Elvis Torkuma took few minutes to summarize everything in local English in other for the women to understand it better. After the session on legal literacy and Sexual reproductive Health Rights (SRHR), we gave room for comments and questions. The women were excited with our services and many threw questions which we were able to respond to with the rights answers.

One woman stood up and said, she would take it upon herself to educate those who were not present at the meeting. Another woman said initially she thought it was money we came to share to them but what she learnt from us is much more than money. After the feedback session, emphases were made on Lawyers Alert’s pro bono services, mediation, where and how they can access our free legal services and what to do when their rights are violated. This topic was even more exciting and overwhelming to them because even before we could finish this session, we had over six women reporting violations to us at the spot. It was a successful program because from their comments, questions, recommendations and openness to discuss their problems with us at the training ground, we could see that we exceeded their expectations.

 

In conclusion, we recommend more of this sensitization program for market women in other locations because many women do not know their rights and they do not know that these rights can be protected and enhanced. This will lead to more enlightened women in the society and reduction or total eradication of gender-based violence in Nigeria.

 

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LAWYERS ALERT CONTINUES ITS VIOLENCE AGAINST WOMEN AND GIRLS ENGAGEMENT

In continuation of our project which seeks to reduce and eliminate violence against women and girls, Lawyers alert has added 5 states to its already existing 8, making it a total of 13 states.

As in other states, Lawyers Alert in these new states will meet and create partnership with community women groups, the media and human rights lawyers in each state. The essence is to create rights awareness for women so they can report violations of their rights when it occurs and to recognize violations around them. It is also necessary that the media is sensitized on how best to report gender based violence through the lens of human rights. The last objective is to link these women with lawyers who will provide them with free legal services and where the services required are not legal, to refer them to other service providers.

 

In the last 6 weeks, Lawyers Alert has created partnership with key groups in these 5 states and we are currently liaising with several community women groups who report violations and access free legal services.

 

In Osun state, we are liaising with Community Advancement Initiative for Self-Reliance while in Plateau the partnering is with Center for the Advocacy for Justice and Rights (CAJR). In Niger, the Sisters Closet Counseling Volunteers (SCCV) are our partners as Girls Power Initiative (GPI) work with us in Edo State. Rahama Women Development Programme (RWDP) is our partners in Bauchi State.

Even though the project is halfway implemented, we have recorded an estimated 59 reported violations, with free legal services now being offered to over 42 women.

We have a vision of bringing justice home to women and girls who suffer violations and to also create enough publicity around these harmful practices. The analyzed data will soon be released and this will reveal the number of violations in Nigeria. Someday, we hope that these violations will become a thing of the past.

 

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FACILITATION OF EFFECTIVE SRHR MOVEMENT IN NIGERIA BEGINS.

Lawyers Alert on the 14th and 15th of May 2018 organised a meeting with Lawyers representing the six geopolitical zones of Nigeria towards the start of a project where the lawyers will act as the hub for start of a SRHR movement n Nigeria. The Lawyers under the aegis of Coalition of Lawyers for Human Rights, COLaHR, will partner with small and medium size CSOs at community levels towards massive organisational capacity building, legal literacy, free legal representation and strategic litigation.

Some pictures at the meeting

Key agreements and next points from the meeting includes but is not limited to:

  • Capacity assessment for COLaHR and other small & medium size CSOs in the zones for the purpose of a capacity building plan.
  • Monitoring and documentation of SRHR violations in Nigeria across the six zones.
  • Free legal representation to victims of SRHR violations
  • Capacity building for COLaHR and small & medium CSOs to commence.
  • Road map for public impact litigation agreed.

 

 
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Posted by on May 18, 2018 in Human Rights

 

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