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Category Archives: Human Rights

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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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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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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Celebration of Motherhood: The Human Rights Perspective

Sunday Adaji Esq

black-mother

On behalf of Lawyers Alert, we join other NGOs, CSOs and the entire womenfolk to say Happy Mother’s Day. March 31 of every year is commemorated as the Mother’s Day.

As an NGO that protects the rights and welfare of vulnerable groups, including women, we consider the Mother’s Day as very important as it reminds us of the need to redouble our efforts in promoting the rights of women and girls and ensuring that that they enjoy equal rights under Nigerian constitution, under the African Charter on Human and Peoples’ Rights and under the United Nation’s Declaration of Human Rights.

Since 2000 when Lawyers Alert was founded, Lawyers Alert has been in the forefront of promoting women’s rights in Nigeria. We have carried out many projects which 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.

From experience and based on Lawyers Alert’s statistics, one out of every three women and girls are constantly abused. This statistics shows that women and girls are among the most vulnerable groups in Nigeria. Our customs, tradition and religions are not helping matters as they encourage practices that relegate women to the background.

Lawyers Alert and indeed other NGOs and CSOs have been doing a lot to ensure that women’s rights are respected, but as it is, we still have a long way to go. We still have a lot of violations to contend with – denial of right to family planning, gender based violence, female genital mutilation, physical, verbal and emotional assault, denial of right to inheritance, harmful widowhood practices, forced economic and financial dependence, denial of sexual and reproductive health rights, rape, sexual assault and so on and so forth.

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 the mark of an egalitarian society. This is our yearning for Nigeria. And together we can achieve this and celebrate motherhood everywhere women are found.

 

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DISCRIMINATION AGAINST PERSONS LIVING WITH DISABILITIES (PROHIBITION) ACT 2018: WAY FORWARD

By Ifeyinwa Onochie

 

 

 

 

 

 

 

 

The National Population Commission of Nigeria (NPC) has estimated that no fewer than 19 million Nigerians are living with disabilities. This population
has as its major challenge issues of stigmatization, discrimination and resultant unequal treatment in all spheres. This is evident even in access to physical spaces/building either public or private which truncates not just physical access but also access to opportunity and resources.

According to a definition from equalityhumanrights.com, “equality is about ensuring that every individual has an equal opportunity to make the most of their lives and talents.
It is also the belief that no one should have poorer life chances because of the way they were born, where they come from, what they believe, or whether they have a disability.”

Disability in Africa and across the world, is viewed in most instances as associated dependency and inability to perform basic chores. People exhibit pity for Persons With Disabilities when in actual fact their impairment makes little or no difference to their abilities.

Nigeria efforts in negating these issues and the realization that disability is in the mind and the need to negate discrimination, the President of the Federal Republic of Nigeria, President Muhammadu Buhari assented to the Discrimination against Persons with Disabilities (Prohibition) Act 2018. This development in Nigeria is good news. This means we will begin to see less and less people living with disabilities suffer discrimination from point A to B in this country. Furthermore, the Act prohibits all forms of discrimination on ground of disability and imposes fine of N1, 000, 000 for corporate bodies and N100, 000 for individuals or a term of six months imprisonment for violation. Equally heart-warming is that the Act also provides for a five-year transitional period within which public buildings, structures or automobiles are to be modified to be accessible to and usable by persons living with disabilities, including those on wheelchairs.

This means curb cuts, wheelchair ramps, wider doorways and corridors. This also means that building plans of any public structure under construction since the President’s assent of the Act shall be scrutinized by the relevant authority to ensure that the plan conforms to the building code.

Furthermore, with this Act, discrimination is prohibited in public transportation facilities, and service providers are to make provision for the physically, visually and hearing impaired and all persons howsoever challenged.

We are finally stepping into the visions of our forefathers for, unity, peace and progress. However, there is dire need for our government to pick up a magnifying glass and look into these vast NGOs that claim to cater to the people living with disabilities in Nigeria.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

According to Miss Faith Yaasa, a disability Rights activist, the question right now is: “are all the foreign aid monies collected being used to really support the people they claim they represent and collect for? What happened to awareness campaigns to sensitize the general public on matters affecting Persons With Disabilities? What about the economic empowerment of Persons With Disabilities through realistic and achievable programs that impact the society positively?” This is the right time to take a stand and put a stop to the incessant injustice and crimes committed against physically challenged citizens is the message Miss Yaasa engaged with us at Lawyers Alert when she stopped by our office this week.

Lawyers Alert cannot agree less.

 

 

 

 

 

 

 

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Divorce Your Wife, Lose Your Home to Her

by Kyenpya Katkuk Esq

In the light of the recent event celebrating women on International Women’s day all over the world on the 8th of March as recognised by the United Nations, women are not only celebrated on how far they have come in the society, in politics and in the economy but it’s also a time for reflecting on the sexism that affects women, a time to raise awareness of continued inequality as well as the achievements of combating inequality.

 

There is no place in the world where women have the same opportunities as men and in so many countries the rights of women and their opportunities are limited by law. The belief that patriarchy is so entrenched in the Nigerian system and the fact that women are unable to exercise their rights have been an erroneous one especially by those ignorant on the rights provided under the law.

 

However, this issue of a woman not having rights to property due to cultural beliefs has been disproved of recent and it has been an uplifting moment in the lives of women in Oyo State, Nigeria.  In the recent decided case, by the presiding Justice Munta Abimbola , the courts held that “ a husband who marries a wife and builds a house during the pend-ency of the marriage stands the risk of losing the house if he later divorces the woman who had children for him unless such woman of her own volition, leaves the matrimonial home”. The presiding Justice whilst ruling on the matter also emphasised on what is known as “palm tree justice”, which indicates that “it doesn’t matter in whose name the property stands or who pays what (on the property) and in what proportion as determination of such matters transcends all rights, legal or even equitable but simply what is fair and just ‘’ in the circumstances of the case.

The basis of this judgement was made under the provisions of the Married Woman’s Property Act 1882.  Furthermore, Section 17 Married Women’s Law of  Oyo State, Cap 83 and Laws of Oyo State 2000 gives a court the discretion as it thinks fit on the issues of title of possession to property. Section 18 Married Women Law of Oyo State also allows the court to treat property as joint property especially where it has to do with a matrimonial home.

 

Conclusively, it could be said that there is significant progress on the application of legal provisions and precedents regarding property rights that affect women inspite of the system of marriage laws (customary, Islamic and statutory marriage). The parties in the decided matter happen to be married under customary law and so this could mean that a woman is entitled to having an equal share of property in the event of divorce, regardless of whether she is married under customary law or statutory law.

 

This is also a good reflection of international instrument , the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), particularly Article 5 ,which refers to how women should not be confined to culturally defined constructions. It recognises that all human beings are equal and have equal rights and deserve equal respect for their human dignity.  Gender stereotypes should not deny women the right to be treated respectfully as an equal. Therefore, this landmark ruling is a significant in combating inequality as it affects women.

 

Kyenpya Katkuk is a lawyer with the Coalition Of Lawyers for Human Rights  (COLaHR).

 

 

 

 

 

 

 

 

 

 

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