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Category Archives: Human Rights

World Humanitarian Day: Nourishing the World with a Milk of Human Kindness

By Sunday Adaji Esq.

 

 

 

 

 

 

 

 

 

 

 

Love, they say, makes the world to go round. Imagine a world devoid of charities, a world where everyone is to himself. Such a world would be a hell. The extent of reliefs, comfort, support, peace and the breath of fresh air that we enjoy today is as a result of the humanitarian efforts of persons and organisations who take it upon themselves to be their “brothers keepers.” Thanks a million to charities, to civil society organisations, (CSOs), Community Based Organisations (CBO) and individuals who are driven by passion to nourish the world with a milk of human kindness. This is the essence of the World Humanitarian Day, and it is on this note that Lawyers Alert wishes you a Happy World Humanitarian Day. The World Humanitarian Day is celebrated on the 19th of August every year and it is a day set aside by the United Nations to honour humanitarian efforts worldwide and propagating the idea of supporting people in crisis.

The United Nations Office for the Coordination of Humanitarian Affairs (UNOCHA) states on its website, www.unocha.org/world-humanitarian-day-2019: “World Humanitarian Day 2019 is set to celebrate Women humanitarians and their undying contribution in making the world a better place.”

In conflict situations, in times of disasters and in times of gross human rights violations, women are among the most vulnerable persons that are worse hit. But it is gratifying to note that women are also among those who are working tirelessly to bring succour to the poor, the destitute and to internally displaced persons (IDP).

 

 

 

 

 

 

 

 

 

 

Nigeria is presently bedeviled with insecurity. The North East of Nigeria is under constant attack by Boko Haram and ISWA (Islamic State of West Africa), as a result of which millions of Nigerians are internally displaced. The North Central part of Nigeria is riddled with herdsmen-farmers clash, as a result of which thousands of Nigerians are displaced. There are also pockets of conflicts in other parts of the country which have negatively affected vulnerable persons. We cannot lose sight of the flood and kidnapping ravaging the country presently.

 

 

 

 

 

 

 

 

 

 

Over 13 million children are out of school, many of them are in the streets asking for alms. We have the poor, the destitute, the jobless and victims of human rights violation in our midst. All these go to show that there is a lot to be done. As a matter of fact, the Federal Government is doing the best it can to grapple with the situation, but the federal government cannot do it alone. It takes the efforts and contribution of all and sundry to bring succour to millions of Nigerians who are negatively affected by conflicts and disasters in the country.

Lawyers Alert and indeed hundreds of other CSOs are doing the best they can to alleviate the sufferings of the vulnerable groups in our midst. They may still be far from putting an end to the plights of vulnerable groups, but one fact we cannot lose sight of is: THE PLIGHT OF THE VULNERABLE GROUPS WOULD HAVE BEEN WORST IF THERE WERE NO HUMANITARIAN RELIEFS FROM THE CSOs.

Lawyers Alert joins other CSOs, CBOs, the Federal Government, and government agencies, the ECOWAS, the African Union and the United Nations to celebrate women humanitarians who have contributed and who are contributing to make the world a better place to live. To this end, Lawyers Alert acknowledges the humanitarian efforts of Mother Teresa, Helen Keller, Mary Slessor, Florence Nightingale, Wangari Maathai, and others too numerous to mention.

 

 

 

 

 

 

 

 

 

 

Dear reader, there is much work to do in the humanitarian field. Government cannot do it alone, Lawyers Alert cannot do it alone, CSOs cannot do it alone. Get up, roll up your sleeves and join these armies of humanitarian persons to work and make the world a better place to live. This is the essence of the World Humanitarian Day.

Once again, Lawyers Alert wishes you a Happy World Humanitarian Day.

 

 

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THE PLIGHT OF INDIGENT INMATES IN NIGERIA.

BY: SOLUMTOCHUKWU .P. OZOBULU ESQ

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Natasha(not real name) gazing at the blue sky inhales deeply as she steps out of the Makurdi medium security prison where she has been incarcerated for close to ten (10) months awaiting trial. She stood fixed tormented by the thoughts of her experiences in prison custody. Just like flashes of lighting her mind wandered from the beating she got both from fellow inmates and prison warders alike on different occasions, the apology called food, the odour that serves as air freshener to the air tight cell rooms that made her feel choked most times. She did not forget the moments without sanitary pads and underwear or the moments when she had to alternate between sleeping on the bedbug plagued mattress and the bare ground. At this point tears dropped like the rain and flowed down her chin as she remembers the few friends she made in custody who are not free from the hunting/inhumane treatments.

There has been an awakening to the quandary of inmates in our Nigerian prisons, the gross terrible condition they live in and the very harsh situation they have found themselves in. Over the years, there has been serious concern about the state of the Nigerian prisons, because of the dilapidated state of the buildings, the quality of health care received by the inmates, abuse of human rights and the congestion of the prisons. The Prison system in Nigeria ought to serve as an institution of correction, reformation and rehabilitation; geared towards disabling its inmates from further criminal pursuit but this is not the case.

There is an ill-conceived believe that prison inmates have no rights within the general population. Their rights may be limited; but they have a degree of human and civil rights that is guaranteed by the Constitution, by international conventions and the UN Declarations. For instance, the UN General Assembly adopted the Basic Principles for the Treatment of Prisoners otherwise known as the “Mandela Rule”, on December 14, 1990, which guarantees the basic human rights of prisoners. Therefore, prisoners cannot and should not be subjected to cruel and unusual punishment; they are to have full access to due process and equal protection and should not be discriminated against. Inmates are to be protected against discrimination and not to be subjected to inhuman and degrading punishment which borders on abuse of their rights. Furthermore, they are entitled to adequate medical and psychiatric care. And their physical safety must also be assured at all times.

Another primary concern surrounding the Nigeria Prison system is the congestion of the Nigeria prisons which, has been a major concern for almost a decade, among stakeholders in the country. Congestion constitutes a major problem creating a negative effect on the welfare of the inmates in the Nigeria prisons. On further investigation it was discovered, that an average Nigerian prison contains three times more persons than its capacity.  For example, the Makurdi Medium Security Prison has an Original capacity of 240 inmates however, as at March 2019; there were over 975 inmates in detention. Of this number, over 623 are still awaiting trial. Several writers have identified congestion as a major problem facing the Nigeria prisons which has exposed the inmates to improper health conditions, claimed the lives of some inmates and put enormous pressure on the prison infrastructure.

The genesis of this problem can be traced to poor administration of criminal justice in Nigeria and unethical activities of the Nigeria Police which has constantly threatened the physical, mental and social well-being of inmates. Consequently, the Nigeria prison has failed to achieve its major role of rehabilitation and reformation of inmates but rather the scenario has been that of dehumanizing situation and hardening of the inmates.  The congestion of the Nigeria Prisons lays a foundation for a whole bunch of other pressing issues that directly deal with the welfare of prisoners ranging from the quality and quantity of food they are served to the quality of water for drinking and domestic affairs, to mattresses they sleep on, and the list goes on and on.  This cause definitely comes along with its appalling effects which are not limited to but include; poor sanitation, poor medical services and increase in human right abuse. The congestion of the Nigeria prison is gradually leading to an apparent decay not just of the horrifying infrastructures but also of the institution as a whole. We can consequently say that the Nigeria Prison system is a walking corpse gradually edging it is way to an end, if no severe holistic intervention is put in place.

The Panacea to this nemesis of congestion of prisons and abuse of prisoners’ right in Nigeria includes but not limited to:

  • Establishment of more prisons.
  • Upgrading of existing prisons to meet with international standards in order to improve the welfare of prisoners.
  • Capacity building for prison officials in order to carry out their duties within the ambit of human rights.
  • Establishment of committee for monthly supervision of the prisons by the Minister of Interior.
  • Domestication and Effective implementation of Administration of criminal justice Act by states government.
  • Provide tools and access to education and skill acquisition for Inmates.s
 

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El-zakzaky, Human Rights and the Imbroglio Surrounding his Detention.

By Sunday Adaji Esq.

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Sometime ago, President Muhammadu Buhari declared that national security should supercede the rule of law, a statement that attracted lambasting from some quarters. Perhaps, President Buhari’s statement is being played out in El-zakzaky’s case.

It would be recalled that in December 2014, Sheikh Ibrahim Yaqoub El-Zakzaky was arrested alongside his wife and others over his group’s clash with some members of the Nigerian Army.  And on May 15, 2015, the outspoken and foremost Shi’a Muslim cleric in Nigeria, who doubles as the leader of the Islamic Movement in Nigeria – IMN – (a group he formed when he was in the school), was first arraigned before the Kaduna State High Court. The court did not grant him bail, but the Federal High Court, Abuja, did, declaring his continuous detention as unlawful and unconstitutional. Despite being granted bail, the DSS (Department of State Security) still continues to detain him. They did not border to appeal against the decision of the Federal High Court which granted bail to El-zakzaky, which is what the DSS should have done instead of blatantly disobeying the court’s order.

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El-zakzaky is being prosecuted on the allegation of Culpable Homicide, Unlawful Assembly, Disruption of the Public Peace and other charges filed against him alongside Zeenat, his wife.

It is said that El-zakzaky is being detained on grounds of national security. Since December 14 2015 till date, El-zakzaky’s devotees have continued to protest against his detention but it appears the Federal Government is adamant and does not see any reason why El-zakzaky and his wife should be released.

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On July 18, 2019, Femi Falana (SAN), lawyer to El-zakzaky brought application before the High Court of Justice, Kaduna, praying the court to grant El-zakzaky permission to travel abroad for medical treatment. In his application, Falana informed the court that El-zakzaky’s condition of health is getting worse by the day, that he lost one of his eyes while in DSS’s custody, that both he and his wife were not given adequate medical care since December 2015 when they were detained and that they needed medical attention. The prosecutor objected to the grant of the application on the grounds that Nigerian doctors have not yet confirmed if El-zakzaky should be treated in Nigeria or abroad. The Presiding Judge, Honourable Justice Darius Khobo, adjourned ruling on the application to July 29, 2019.

Meanwhile, El-zakzaky’s devotees are restive. In the FCT (Federal Capital Territory) recently, his devotees went on rampage, set ablaze two vehicles belonging to NEMA (National Emergency Management Agency) and shot several persons, including a senior police officer and a female Corper with Channels TV.

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Law enforcement agents, including members of the Nigerian Army have positioned themselves at strategic places in the FCT to grapple with the rampaging devotees of the IMN.

Amnesty International has condemned the continuous detention of El-zakzaky and the manner the law enforcement agents are grappling with the situation, and urging Nigerian authorities to adhere to the rule of law and respect the right to peaceful protest when policing these events.

Professor Itse Sagay, Chairman of the Presidential Advisory Committee Against Corruption (PACAC), whom critics have lambasted that he was always passive in criticising Buhari’s administration, has advised the Federal Government to obey court orders and release El-zakzaky.

Human Rights’ Perspective

The questions that readily come to mind regarding El-zakzaky’s detention and the imbroglio surrounding his detention are: Can an accused person be detained indefinitely without being tried in the court of law? Where a court grants an accused person bail, can the executive (Federal Government) disobey the order of the court? Should national security override the rule of law? Is it right for devotees of IMN to go on rampage in their demand for the release of their leader?

To start with, the constitution is explicit on citizens’ right to liberty, hence no person should be detained beyond 48 hours without being arraigned in court for trial. Where, in the case of El-zakzaky, he is detained for four years, it is a violation of his right to liberty. Where a court grants an accused person bail, the executive (Federal Government) must not and ought not to disobey the order of the court. Perhaps, there may be an Executive Order empowering the Executive to detain a citizen on grounds of national security. If there exists such an order, the order is inconsistent with the provision of Nigeria’s constitution and should be declared null and void. It is not right for devotees of IMN to go on rampage in their demand for the release of their leader. What the Nigeria’s constitution guarantees is the right to peaceful assembly.

Conclusion

In view of the foregoing, Lawyers Alert is of the view that the DSS should not continue to detain El-zakzaky and his wife indefinitely. They should obey the court’s order and release them forthwith. National security should not be the grounds for continuously detaining El-zakzaky. The solution is to release him UNCONDITIONALLY and if need be, he should be placed under surveillance. When this is done, it will go a long way in dousing the tension arising from the agitation of El-zakzaky’s devotees.

 
 

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THE CLASS ACT OF THE 8TH BENUE ASSEMBLY AND THE VAPP LAW

By Jerome Uneje

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“Hmmm…Torkwase my sister, so it’s true that everything about the domestication of the Violence Against Persons (Prohibition) Act (VAPPA) is finally done and dusted! Hah…the glory of the 8th Benue Assembly and the Governor will never be erased from the memory of the Benue people o! At least vulnerable and indigent women, children and even men will benefit greatly with this VAPP Act as assented to in Benue State. The two Women smile and lean their backs against the wall at the same time.

The most recently rattled and misconstrued Law has finally seen the limelight. Violence Against Persons (Prohibition) Bill like other bills presented to the National Assembly became a Law in May, 2015 and it seems to have overshadowed all other instruments and laws in Nigeria regarding the prohibition of all forms of discrimination against persons regardless of their sex and/or gender. This instrument enshrines the concerns and needs of vulnerable and indigent women including men and other groups who often fall victims of violence in Nigeria.

The Law which is applicable only at the  Federal Capital Territory had left the option to States at the Sub National level to domesticate the law in their respective States or otherwise. However it became imperative for the Law to be domesticated at the sub-national level especially in States such as Benue where on a daily basis, newspaper headlines are awash with killings, rape or maiming, particularly of spouse and/or lovers by husbands or man-lover, or rape of even minors like the case of Ochanya, who died from a gradual torture of rape by her so-called uncle and his son in Ugbokolo, Benue State and that of a young woman that was strangled to death by her husband for denying him sex in Plateau State and every 1 out of 3 women and/or young girls who suffer violence daily. All of those necessitated the propagation of the campaigning and advocacy for the VAPP Act to be domesticated in the State.

Be that as it may, the VAPP Law among other things has strengthened advocacy against rape, Female Genital Mutilation, partner battery, stalking, harmful widowhood practices by State Actors while prohibiting all forms of violence, including physical, sexual, psychosomatic, domestic, harmful traditional practices; discrimination against persons and to provide maximum protection and effective remedies for victims and punishment of offenders.  In as much as this all powerful legislation instrument has provided for the above, it has also initiated positive innovations such as prohibiting persons from being forcefully isolated or separated from their family and friends and preventing widows from being subject to harmful traditional practices. It has even gone ahead to provide for a Commission of Violence Against Women which will be responsible for the general supervision of the Bill while a Victim of Violence Trust Fund will be established to provide and manage victims of violence. Under the Trust Fund, rehabilitation programmes, shelters and rape centers will be provided to cater for victims of violence. This indeed is a huge and robust fortification especially for victims of violence.

The positive effect of this Law is overwhelmingly amazing as prior to this law only women could be raped as approved in other legal materials and in the true definition of the word ‘rape’ as well as penetration of the vagina and for this sole reason, only women could be said to be raped. However, this Law now provides that a man can also fall victim of rape. VAPPA is the first piece of legislation in Nigeria which recognises that men are capable of being raped and also recognizes that not only penetration of the vagina is acceptable. All other criminal statutes delineate the offence in relation to women.  The VAPP acknowledging that unlawful anal and/or oral sex can be rape and not sexual assault is therefore ground-breaking.

The above has truly shown that the Benue people at this point will be thoroughly protected by the appropriate application of this Law and in secure environment notwithstanding the degree and/or pedigree of persons involved in violations.

In conclusion, we express our warmest gratitude to the out gone 8th Benue Assembly for a great job well done. This singular act has demonstrated beyond every reasonable doubt that their tenure was people oriented and has therefore purged it of all shortcomings while the House lasted. We also commend the Executive Governor of Benue State His Excellency Samuel Ortom for his speedy action towards signing the bill into law. We also commend the doggedness of the Civil Society including FIDA, Lawyers Alert, The Civil Society Coalition in Benue, The Media and all other actors involved in the course of this struggle.

As the struggle continues, Torkwase and her friend Ada laugh out loud shake hands and stand up. They walk out of the room towards the door to catch up with a new day in a new Benue where the rights of Women and other vulnerable groups are fully protected under the Violence Against People Prohibition Act.

 

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MY RETREAT STORY

by Elvis Torkuma

1st March to 3rd 2019, Lawyers Alert held her annual retreat. I left Abuja for Makurdi Benue State Capital with Rapheal Didel our hard working Office assistant, Ellen Onougha our legal officer and Blessing Mase our Finance Officer; we were driving in a convoy of four cars with the police escort in front of us, we stopped at Masaka to fuel our cars and then the unexpected happened, my car broke down I did my best but the car did not start, my colleagues drove off as the time was running against us leaving me, Ellen, Blessing and Raphael. Raphael also did his best  by  proffering  suggestions  but it wasn’t helpful at this point  I started  losing hope of traveling  with the car and how to get out of the ugly situation, after few minutes my program Director Miss Roseline Oghenebrume called me to find out if there was any positive development but I told her there is none at the moment, she then asked me to park the car in the filling station and hire a taxi that will take us to Makurdi, I then called my friend who has a taxi but he rather added to my worries as asked me to  pay him N50000, an outrageous money to pay for a journey of 4hrs, Suddenly the police escort team returned with my program director to assist us with bags.  One of the officers then asked me to start the car again I did and the car picked without wasting time  I drove off and had a successful journey without further challenges; we arrived Makurdi at about 6: PM

We got to the hotel  tired,  we were all expecting to have our bath and rest due to the stressful time we had on the road, we got lodged but the hotel was not a good state as there was limited water, the AC’s were not cooling and some TV’s were  not showing. I then saw a written on the toilet door, (WATER IS EXPENSIVE CONSERVE IT); at this point I knew I was in for another unsuitable experience. I managed the small water I saw to bath. In the evening we had a wonderful seat out with my colleagues, we had enough drinks, barbecue and pepper soup with good music. It was a memorable evening after a hectic day.

The next day we had aerobics in the morning and then proceeded to the venue of our Retreat which is at NO6, Alhmadu Bello Way Old GRA Makurdi Benue State,Lawyers Alert Head Office. DAY 1 of our retreat was an internal meeting where we discussed issues regarding team bonding, organizational Goal, Vision and Mission this was in a way to better integrate some of our new staff into organizational goal, vision and mission, our Consultant Mrs Hadiza was amazing as she was very diligent in making sure we all understand the goal of Lawyers Alert, Values of the organization and our responsibilities as staff. Then it was it TEA BREAK, another ugly episode. They brought us TEA BREAK, a slide break wasn’t well wrapped and the president Lawyers Alert Mr Rommy Mom was disappointed at caterer. He ended up not eating the food likewise others, although I managed and ate the food. After then we continued with our meeting which was participatory and interactive as almost everybody contributed to issues raised. We had lunch when it was lunch time this time the caterer served us a tasty meal. We later conveyed and discussed on few things and then we closed. As it is rightly said, Work without Play Makes Jerk a dull boy! I was just waiting for evening hangout to refresh myself with cold drinks, meat and good music as usual. We later hanged out as I was expecting, we had enough fresh fish to eat, cold drinks with good music.

 

DAY 2. We continued with our retreat on day 2 with our partners in attendance, our 2018 strategic plan was reviewed along with our partners inputs were made. After reviewing our 2018 strategic action plan we also presented our 2019 annual strategic action plan for our partner’s  to make inputs in other to have a robust and  inclusive action plan for 2019. After an interactive session with our partners, they made lot of inputs into our 2019 strategic annual plan we then harmonized their inputs and make 2019 strategic annual plan a document. After a hectic day with our partners in drafting the  2019 strategic plan I was patiently waiting for evening to come so that I will have a hangout with my colleagues, it was going to be a different  evening compare to others  because we were to share gift. I was not having much money to buy an expensive gift but I bought an affordable gift. We went to back to our hotel after the meeting and later gathered at the hotel garden as usual for gift session, we didn’t factor drinks because we were to club that night at Harley Day Inn, we exchanged gift had light drinks and went back to prepare for the night club. All these while I was waiting to see how some of my colleagues will dance at the club due to their conservative behaviours and perceived  low social exposure, these were my thoughts. We then moved into the club at about 9:PM at the VIP, unfortunately the VIP which could have contain us had cooling problems , we had to move out to regular, to my greatest surprised some of my colleagues I thought were reserve were the ones who actually made the club rock that night. Although Mr Hwande dance steps were from another planet, he was the side attraction for me,  and my program director Roseline danced very well, I saw wonderful dancing steps from many of colleagues, Somto, Ellen, Leslie, Mary and the President Lawyers Alert himself Mr Rommy, It was indeed fun and an amazing experienced.

On Day 3.Our supposed final day of the retreat was a very short we only did the recap of the retreat, we spend few hours doing the recap, what went wrong, what went right and what the way forward. We then had Tea break and lunch within an hour interval. We snapped pictures and closed for that day. Although one thing was certain, evening hangout; we later had hangout as usual, had drinks listen to good music and then we both went in our rooms and slept. My retreat was very memorable I had awful moments and interesting moments which made it a memorable retreat. I must appreciate the management of Lawyers Alert for making our retreat fun and entertaining despite challenges we had in the hotel. The provision of drinks, good meal, clubbing and logistics made my retreat interesting. I am again looking forward for 2020 Lawyers Alert again by the special grace of God. God bless Lawyers Alert and long live our partners.

 

 

Elvis Torkuma is the Project Officer of Lawyers Alert and participated in the 2019 staff retreat.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Rommy Mom: The Man with passion for community advancement.

By Akade Emmanue
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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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