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HOW TO USE SOCIAL MEDIA IN FIGHTING HUMAN RIGHTS ABUSE

By Ifeyinwa Onochie

human rights now

In recent time, social media has become an important part of our daily lives from shopping to connecting with friends, information and education etc. Social media plays a vital role in transforming the way we behave today. Let me start with a definition; Social media are computer tools that allow people to share information, discuss opinions, ideas, as well as share images and videos online.

Since the emergence of social media networking sites like Instagram, LinkedIn, Twitter and Facebook, these networks have become a day to day routine for most people. The ability to share photos, events and opinions as they happen in real-time has changed the way we live and do business.

Research has shown that in 2017, users spent more than 2 hours on average per day on social networks and messaging services, which amounted to about one third of their entire daily computer time (Mander, 2017). In addition, it is statistically estimated that more people spend time on the internet and on social media than time spent on TV or newspapers.

Consequently, for organisations, this means social media would improve customer service, marketing, public relations and other business activities that rely on quick and efficient information exchanges. However, the addictive part of the social media is bad and can disturb personal lives. Teenagers are mostly affected by addiction to social media. They get involved extensively and may eventually cut off from the society. Similarly, social media can waste individual time that could have been used for productive activities.

In relation to this, human rights abuses around the globe have drawn global criticism and attracted the attention of international communities such UN, African Union, and other international organisations (Kaluge, 2013). However, despite efforts by these organisations, Nigeria still faces human rights abuses. This could be because violations are usually not reported.

Hence, linking social media to human rights violations in Nigeria, the rate at which citizens’ rights are violated is alarming. Almost on a daily basis, Lawyers Alert receives reports of violations. In the same vein, violations are reported in the newspapers and online. To prevent violations of human rights, human rights organisations should encourage people to ask questions and demand reparation when abused.

Furthermore, there is every need to protect and defend citizens’ rights. In view of this, social media is an effective tool that can be deployed to protect the rights of citizens as well as help to fight human rights violations. One way to do this is by putting up information online on the need to end human rights violation and urge persons to report violations.

Lawyers Alert has a Facebook, twitter Instagram, blog and website where it reaches out to people, monitor and document violations. In addition, Lawyers Alert has a web based tool called LADOCKT which it developed. LADOCKT is used to capture, monitor, document and analyse human rights violations in trends, demographics, age and gender.

After analysing the violations, the report is shared with partners and the general public. It is essential to note that the reason human rights violations continue unabated is because people do not usually report. And because violations are not reported, perpetrators continue to violate citizens’ rights with impunity. There is need to encourage citizens to report violations, and one effective way to do this is to reach out to people through the social media.

After encouraging people to report violations the next step to take as a human rights organisation is to put your contacts address on Facebook, twitter, Instagram etc. Lawyers Alert has its contacts on all social media platforms where citizens report violations.

Conclusively, as a human rights organisation, Lawyers Alert will keep protecting and defending citizens’ rights and with the support of citizens, we are ready to take up issues of human rights violation and pursue them to logical conclusions.

 

Below are our contacts for purpose of reporting violation from all and sundry

 

Telephone Numbers: +234  92202090, Toll-Free Line:080 99937318
Email:
info@lawyersalertng.org (OR) lawyersalert@lawyersalertng.org

 

Facebook: Lawyers Alert Nigeria

 

Twitter: @lawyeralertNG

 

Instagram : @lawyersalertnigeria

Reference

Mander, J. (2017). Daily time spent on social networks rises to over 2 hours. Retrievedfrom https://blog.globalwebindex.com/chart-of-the-day/daily-time-spent-on-social-networks Accessed 10 June 2018

Kaluge, D.(2013). Human right abuse. Available from http://davidkaluge.hubpages.com/hub/human-right-abuse

CAVEAT

Lawyers Alert hereby puts our readers on notice that this article is based on the writers opinion and do not necessarily represent the views of the organization except otherwise stated.

 

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THE PROTECTION OF HUMAN RIGHTS IN NIGERIA: WHO IS RESPONSIBLE?

BY: D.U INNOCENT ESQ.

Human-rights

“Where, after all, do universal human rights begin? In small places, close to home – so close and so small that they cannot be seen on any maps of the world. … Unless these rights have meaning there, they have little meaning anywhere. Without concerned citizen action to uphold them close to home, we shall look in vain for progress in the larger world.” – Eleanor Roosevelt

There has been an outcry, on the gross violation of human rights that has ravaged Nigeria in recent times. These violations have led to massive loss of lives, properties and the displacement of families and communities. These violations have also led to the rise in the insecurity and the volatile nature of our society presently. It is important to note that victims of these violations are innocent civilians whose lives are being disrupted and even destroyed. Who should we hold responsible?

The European Union reported at the end of 2018, that 7.1 million people were estimated to be in need of humanitarian assistance, and more than 850,000 people in Borno are estimated to be in areas that are inaccessible to humanitarian organizations. The conflicts between farmer communities and herdsmen escalated markedly in 2018, becoming the deadliest crisis in Nigeria with thousands of casualties and hundreds of thousands internally displaced. While the root causes are fundamentally economic and lack of governance, the violence increasingly takes on a worrying ethno-religious dimension.
Federal and State governments are being criticized for the failure to ensure security, rule of law and for not addressing the widespread impunity. [1] The brutal violation of Human Rights in Benue, Nigeria which occurred in January 2018 caused by decades of old communal conflicts between nomadic herdsmen and farmers in the Middle Belt further exacerbated the security situation in the country. As at least 1,600 people were killed and another 300,000 displaced as a result of the violence.

In June 2018, at least 84 people were killed in double suicide bomb attacks attributed to Boko Haram at a mosque in Mubi, Adamawa State. The heightened political tensions ahead of the 2019 elections led to the violations of human rights of Nigerians through Abductions, suicide bombings, and attacks on civilian targets by Boko Haram. At least 1,200 people died and nearly 200,000 were displaced in the northeast in 2018.[2]

As of 2019, 1.8 million Nigerians have fled from their homes and are internally displaced, the majority in Borno State – the epicentre of the crisis. 80 per cent of internally displaced people are women and children, and one in four are under the age of five.   [3]                                                                                                              Civil societies have led campaigns against arbitrary arrests, detention, and torture exposed human rights abuses by security agencies, including by the Department of State Security Services (DSS) and the Police Special Anti-Robbery Squad (SARS).[4]

On the 11th of October 2019, the Punch Newspaper reported that the ECOWAS Court indicted the Federal Government over 2018 Benue Mass killings. This judgment was given by a three member panel of the Community Court of Justice ECOWAS with suit number: ECW/CCJ/APP/16/18. The judgment was presided by Justice Edward Asante, President of the Court, Justice Keikura Bangura, and Hon. Januaria Costa.[5]

Between 2018 and 2019 Nigeria has lost millions of human resource to human rights violations both reported and unreported. The above stated scenarios are only a tiny fraction of the reports of human rights violations in Nigeria, as writing about more would turn this piece into a documentary. The list of violations in Nigeria is almost listless and cuts across almost every strata of the society. The government is supposed to be the hope of security for the common man, but today in Nigeria that hope has been shredded in pieces as Nigerians are being violated even in their homes. The apparent case of Nigeria’s hopelessness in tackling human right issues is seen in the plethora of violations by both state and non-state actors.

Article1, 2,3,4,5 and 6 of the African Charter on Human and People’s Right, Chapter 10 LFN 1990 and Chapter 4 of the Nigerian Constitution enshrine the Protection of the Human Rights of Nigerians. The Federal Government is tasked with the responsibility of protecting the Human Rights of her citizens. It is therefore in the interest of the peace and development of our country that our governments should take up their responsibility of protecting the human rights of her citizens.

 “When the fundamental principles of human rights are not protected, the center of our institution no longer holds. It is they that promote development that is sustainable; peace that is secure; and lives of dignity.” – Former UN High Commissioner for Human Rights Zeid Ra’ad Al Hussein

CAVEAT

Lawyers Alert hereby puts our readers on notice that this article is based on the writers opinion and do not necessarily represent the views of the organization except otherwise stated.

[1] https://eeas.europa.eu/delegations/nigeria/62580/eu-annual-report-human-rights-and-democracy-world-2018-country-updates-nigeria_en

[2] https://www.hrw.org/world-report/2019/country-chapters/nigeria

[3] https://www.unocha.org/nigeria/about-ocha-nigeria

[4] https://www.hrw.org/world-report/2019/country-chapters/nigeria

[5] https://punchng.com/ecowas-court-indicts-fg-over-2018-benue-mass-killing/ 

 
 

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WHAT YOU DO NOT KNOW ABOUT HUMAN RIGHTS

BY CHIGOZIEM ELLEN ONUGHA ESQ

Human-rights

Human rights are those basic rights that every human being upon conception acquires by virtue of the presence of “life”. They are not bought, neither are they alienable. These rights are not defined by time. They do not wear-off upon a person’s committal of an offence (this has exceptions). These rights also are those rights which must be respected for peace to reign in a society.

There are some other characteristics which make human rights different from other rights. They are:

  • One does not acquire them by virtue of position or office
  • Unlike some other rights, disrespect of human rights may attract dire consequences.

Human rights are both divinely orchestrated and humanly stipulated by laws, so whichever way one looks at it, disrespect of human rights is a sin to both God and human laws.

BELOW ARE WAYS TO PROTECT HUMAN RIGHTS:

  • Education/sensitization of what human rights are, and the various types of human rights
  • Setting-up of structures to help protect these rights. Structures like; relevant laws and policies.
  • Implementation systems, like; courts to address issues of violation of human rights.
  • Development of punishments against persons who disrespect these rights. These punishments would serve as warning to all others against disrespect of human rights.

Gracefully, these systems exist in Nigeria. The only obstacle to achieving a human rights violation free society is “sufficiency”. We may have these systems in place, but we must ask; do we have as much duplicates of these systems enough to go round? The answer is No. Let us take the systems listed above one after the other.

  • Education/Sensitization – there is a saying that goes “until the day one dies, learning never ends”. Some persons even go as far as adding that even upon death, one learns of a different world and for one to be able to stay in that new world which is discovered upon death, one needs to learn things about the new world and keep learning to stay on track. As civil society organizations, we carryout projects on sensitization of persons on these rights, and once the project terminates, the sensitization/education terminates too. Sensitization of persons on these rights should be reoccurring. On this note, Lawyers Alert is doing a good job, because out of the need for this form of education, Lawyers Alert permanently has as its objectives to sensitise persons of these rights.
  • Laws and Policies – There are laws in place to regulate violation of these rights, but implementation of these laws or policies pose a barrier. It may sound a bit cliché, but Nigeria has so many laws that enactment of laws may not be our problems, but implementation is.
  • Courts – For a country like Nigeria with over 200million human population, the amount of courts we have are not enough. And so, issues concerning violation of human rights which should be treated urgently get to be treated without any sense of urgency.
  • Punishments – punishment for violation of these rights sometimes are not commensurate. Therefore, more appropriate punishments need to be developed.
 
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Posted by on September 24, 2019 in Human Rights, humanity, Rights, Uncategorized

 

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THE IMPLICATION OF SAME SEX MARRIAGE PROHIBITION ACT 2014 AND THE RIGHTS OF SEXUAL MINORITIES IN NIGERIA.

By Victor Eboh, (Legal / Reproductive Right Officer)

blacklgbt

 

Violence and discrimination against sexual minorities  in Nigeria have been on the increase in recent times, no thanks to the promulgation of the Same Sex Marriage (Prohibition) Act 2014, (Herein after referred to as The Act) which has contributed negatively to the already dire circumstances of the Sexual minorities (Herein after referred to as The Community) in Nigeria. Members of the community have suffered an increasing wave of arbitrary arrest, unlawful invasion of privacy, assault and battery, sexual violence and extortion, among other ills, since the passing of the Act.

The average citizens of Nigeria, finds it very difficult to enjoy the protection of their rights and access to basic social services. It is rather more unfortunate for persons who are imputed to have sexual minority identities; they are faced with even more social isolation and discrimination by both states and non-state actors. Ironically, Public Authorities who are saddled with the responsibility to protect and ensure the fundamental rights of citizens are sustained, are most times at the forefront of the scourge of terror, intimidation, intolerance and violence against members of the community. The extreme intolerance, homophobia, bi-phobia and transphobia, make it even more dangerous for sexual minorities to reach out for help, hence most human rights violations against them, go unreported.

The cardinal principles of human rights include, universality and non-discrimination. The pre-condition for enjoying human rights is HUMANITY.  However, the Nigerian society and Public authorities do not see the sexual minorities as part of those, whose humanity are guaranteed rights under the Nigerian Constitution. Thus, their humanity is disregarded solely because of their sexual orientation or gender identity or expression, which exposes them to all forms of violence.

 

LEGAL FRAMEWORK GOVERNING SEXUAL MINORITIES ISSUES WITHIN THE NIGERIAN CONCEPT

The combined efforts of both the Domestic, Regional and International frameworks, all ensure equality of all persons regardless of their sexual orientation and gender identity.

DOMESTIC LEGAL FRAMEWORK

  • DOMESTIC FRAME WORK: 1999 CONSTITUTION OF FED. REPUBLIC OF NIGERIA
  • The preamble of the constitution
  • SECTION 1(1) & (3)
  • SECTION 17 (3) (C & D)
  • THE FUNDAMENTAL RIGHTS OF EVERY CITIZENS:
  • CHAPTER 4  of the constitution  section 33-40
  • SECTION 33: “Every person has a Right to Life and no one shall be deprived intentionally of his Right    to life
  • SECTION 34: “ Every individual is entitled to Respect for the dignity of his person and no person shall be subjected to torture or inhuman or degrading treatment.
  • SECTION 35: “Every person shall be entitled to his personal liberty and no person shall be deprived of such liberty.
  • SECTION 36: “Every person shall be entitled to fair hearing
  • SECTION 37: “ The privacy of citizens, their homes, correspondence, telephone conversation and telegraph communications is hereby guaranteed and protected
  • SECTION 38: “ Every person shall be entitled to freedom of thought, conscience and religion
  • SECTION 39: “Every person shall be entitled to freedom of expression
  • SECTION 40: “ Every person shall be entitled to assemble freely and associate with other persons …or any other association for the protection of his interest.

 

REGIONAL LEGAL FRAMEWORK

the African Charter on Human and Peoples Right, (hereinafter referred to as ACHPR),  a document which has been domesticated and  forms part of the body of laws in Nigeria, clearly and unequivocally guarantees freedom from discrimination and equal protection and equality of individuals before the law. The treaty was signed in 1981, but did not become a law in Nigeria until when the National Assembly ratified and enforced it as applicable law in Nigeria. The Charter is now known as the AFRICAN CHARTER ON HUMAN AND PEOPLES RIGHTS (RATIFICATION AND ENFORCEMENT) ACT (CAP 10) OF THE FEDERATION OF NIGERIA 1990

Article 2 of the Act, clearly provides that ‘ Every individual shall be entitled to the enjoyment of the rights and freedom recognized and guaranteed in the present charter without distinction of any kind such as race, ethnic group, color, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status’

Other relevant sections of the Act are as follows:

  • The preamble
  • ARTICLE 1
  • ARTICLE 2
  • ARTICLE 3
  • ARTICLE 4
  • ARTICLE 13 (2)
  • ARTICLE 16 (1 & 2)
  • ARTICLE 19

 

The African Commission, the body responsible for monitoring compliance with the African Charter, has in various communications, denounced acts of discrimination. The ACHPR has clearly established that the expression ‘OTHER STATUS’ as used in the Act can broadly be interpreted to include grounds, other than those explicitly listed under that provision of the Charter. The rights to dignity, liberty and security of persons and freedom of association are among rights clearly proclaimed by the African Charter and the Charter clearly states that every human being is entitled to these rights.

Concerned by the increasing violence against the community, the ACHPR at its 55th session adopted a landmark resolution on the Protection Against Violence and Other Human Rights Violations against persons on the basis of their Real or imputed Sexual Orientation or Gender Identity. The Resolution unequivocally condemns violence against persons on the basis of their real or imputed sexual orientation and gender identity. It calls on states to stop all violence committed by state and non-state actors and to enact and implement laws condemning violence against all persons regardless of their sexual orientation or gender identity. States were also urged to promptly investigate and punish all acts of violence against persons based on their real or perceived sexual orientation and gender identity.

 

 

INTERNATIONAL LEGAL FRAMEWORK

The International legal framework governing Human rights apply equally to all sexual minorities in all parts of the world. The principle of equality, non-discrimination and universality are fundamental in ensuring the human rights for all persons including sexual minorities. It has been established that the grounds of discrimination enumerated in the International Covenant on Civil and Political Rights and the International Covenant of Economic, Social and Cultural Rights are non-exhaustive and “other status” includes sexual orientation and gender identity.

 

THE SAME SEX MARRIAGE PROHIBITION ACT 2014

The promulgation of the Same Sex marriage prohibition Act has to a great extent heightened the level of violence against the sexual minorities. The law has been used and utilised by both state and non state actors to subject community members to all sorts of violations, ranging from public humiliation, to battery, assault, blackmail, extortion and other forms of violations and violence.

The Act has further encouraged and in fact, breeds a culture of intimidation, suppression and violence against community members in Nigeria. The Act, apart from prohibiting same sex marriage, goes further to prohibit and criminalizes the association of persons and organizations who purport to promote the interest of Sexual minorities in Nigeria. It prohibits and criminalizes the ‘Public show of same sex amorous relationship directly or indirectly without defining what qualifies as “same sax amorous relationship”

The negative effect of this law was immediate and still persists, as and thus the community members are subjected to an unimaginable level of futility being victims of a wave of arbitrary arrest, invasion of privacy, blackmail, extortion and violence of which state actors are also perpetrators of this hideous practices.

 

 

RECOMMENDATIONS

From the above consideration, it suffices to say that if the rendition of the constitution “WE THE PEOPLE” is the have a meaningful impact, then it must have the force of general application without prejudice.

The following recommendations are worthy of consideration:

  1. The Government should act timeously in condemning the on-going violence against persons based on their real or perceived sexual orientation and gender identity expression.
  2. A review of discriminatory laws that trigger violence against sexual minorities should be given priority.
  3. Enforce constitutional and treaty provisions on universal human rights in public and private institutions across the country.
  4. Human rights violations based on sexual orientation or gender identity expression, should be investigated and perpetrators brought to book.
  5. Embark on a holistic campaign to promote an end to hate speech and statements inciting violence against sexual minorities in Nigeria from religious leaders, politicians and others and establish a link with sexual minorities human rights organizations, regarding ways to promote awareness on issues affecting sexual minorities.
  6. Establish a reporting process for informing the Human Rights Commission and other related bodies, on human rights abuses experienced by sexual minorities.
  7. State actors should discourage incidences of police raids, arbitrary and indiscriminate arrests and searches of individuals based on perceived or actual sexual orientation or gender identity expression.
  8. The police should be at the forefront in investigating and prosecuting incidents of violence against sexual minorities and refrain from harassing, arresting or prosecuting members of the sexual minorities support organizations and human rights advocates on account of their work on sexual minority rights.
  9. Civil society organizations should be encouraged to mainstream sexual minority’s awareness and rights into their relevant health, gender and human rights programmes.
  10. Mainstream stakeholders and the general public should be educated on human rights issues affecting sexual minorities. Sensitization workshops with government agencies, health workers and other law enforcement agencies be developed, on the need to promote and protect rights of sexual minorities as citizens of Nigeria.

 

CONCLUSION

From the above consideration, one fundamental principle looms larger, that violence and discrimination against any individual or groups of persons is unacceptable. OUR HUMANITY should be paramount in ensuring dignity and rights to ALL PERSONS.

 

CAVEAT

Lawyers Alert hereby puts our readers on notice that all articles on this page are of the writers opinion and do not necessarily represent the views of the organization except otherwise stated.

 

 

 

 

 

 

 

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Xenophobic Attack in South Africa: An Anathema to the spirit of Africanism

By Sunday Adaji Esq

lawyers lert xenophobia

“Xenophobia” has become the trademark of the South Africans. Over the years, these Africans have continued to revel in killing foreigners, especially Nigerians living in their country. It is obvious that Nigerians have become endangered species in South African.

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It has now been established that South Africans derive pleasure in killing Nigerians living in their country. For reasons that are not clear, they keep doing so with reckless abandon. It was reported that nearly 200 Nigerians have been killed so far within the spate of three years. The situation is worse and may continue to get worse for a long time to come if nothing is done to stop the savagery and barbaric acts.

Recently, what looks like the reason for the xenophobic attack in South Arica was expressed by the country’s Deputy Minister of Police, Mr. Bongani Michael Mkongi who appears in support of the killing of foreigners by his country people. In what looked like a press conference, the deputy minister of police with others, addressed members of the public where he said that 80% of foreigners had taken over their cities, taking away everything that belongs to South Africans. While expressing his annoyance and frustration to justify his support for the dare-devil South Africans; he queried: “Which city in the world will you find 80% of South Africans dominating? You can’t find South Africans in other countries dominating a city up to 80%… We cannot surrender South Africa to foreign nationals.” The video that captured Mr. Bongani Michael Mkongi making the statement is online to aid any verification.

 

The statement of Mr. Bongani Michael Mkongi is a reflection of the opinions and fears of those South Africans that are killing foreigners in their country. We now begin to realise why South Africa Police which are conferred with the statutory duty to maintain law and order and to protect lives and properties have abandoned their duties to participate in the killings of Nigerians living in South Africa.

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It is really pathetic that South Africans take up arms to kill, in cold blood, law abiding Nigerians who lawfully go about their legitimate business in South Africa. It is much more pathetic that this happen under the watchful eyes of South Africa policemen. It is equally sad that South Africa’s government is not doing enough to put an end to this killing of foreigners.

Things usually take a downward slope when you don’t take drastic steps to deal with them. Over the years, Nigerian government has not done enough to address the issue and as a result, this evil keeps rearing its ugly head. At the moment, the government of Nigeria has started taking some concrete steps to address the issue. It is reported that President Muhammadu Buhari has sent his entourage to meet with Cyril Ramaphosa, South African president, to see how they can address the issue and put an end to the killing of Nigerians in South Africa. Nigerian government has also made an arrangement to evacuate Nigerians living in South Africa who are willing to return to Nigeria.

Looking at things, the effort of Nigerian government is not likely going to yield the desired result. At best, it may only bring about some palliatives. The fact is, xenophobia has become the trademark of many South Africans. And to lift the trademark off their necks, it will take the intervention of the whole world. There is need to mount pressures on South Africa from all quarters to stop this act. You don’t take it likely with a group of people that have no respect for the sanctity of human lives.

 

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

By Sunday Adaji Esq.

el zakky

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.

el zakky2

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.

el zakky3

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.

el zakky4

 

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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AN X-RAY: THE IMPLICATIONS OF FEMALE SEX WORK IN NIGERIA

By Chigoziem Ellen Onugha Esq

sex work

As human beings, one of the things we find so difficult to desist from doing is the setting apart of morals from laws. There is a common law principle which states:

“for something to be an offence, it must be contained in a written law and with a punishment attached to it”

 

Invariably, we have found ourselves acting as our conscience directs and not as the law states. I think we have gotten to that point where we need to assume our conscience and laws were parcels of land adjacent to each other, where beakers would be used to create boundaries to avoid trespass.

Sex work is not contained in any Nigerian law as an offence, because it is a way of life which when juxtaposed with effect on society, would probably rate least. As a right-thinking member of the society, you would not expect to see a man and a woman on the road carrying out any sexual activities, except if they are both mentally enslaved. If this affair is private rather than public and is not contained in any written law as an offence, I beg to be educated on what informs the minds of the society in violating the fundamental human rights of persons who are called “Female Sex Workers”.

Unfortunately, the law goes beyond morals. Therefore, a person’s moral values should not compromise or prejudice the provisions of the law.

Lawyers Alert Nigeria in their recent publication of report of violations in Nigeria, educates thus:

  1. The Federal Capital Territory has the highest rate of violation of Female Sex Workers
  2. Kogi State and Benue State come immediately after the Federal Capital Territory
  3. Bornu State and Lagos State have the least amount of violation of Female Sex Workers.
  4. Persons between 20 to 24 have a high violation rate by 65%
  5. Persons between 25 to 40 follow the list by 29%
  6. Persons between 10 to 19 rank as the group with the least violation rate by 6%

The report further gives an expository to the various forms of violations these persons (Female Sex Workers) go through and they are as follows:

  1. Verbal Abuse 19%
  2. Emotional Abuse 17%
  3. Privacy 10%
  4. Blackmailing 3%
  5. Freedom of Movement 7%
  6. Forced Detention 1%
  7. Physical Abuse 7%
  8. Harassment 9%
  9. Sexual Exploitation 6%

A cursory look at the statistics above, bares a display of morality which can by investigation of some other words be termed display of double standard. An enquiry into the recent raiding of women in Abuja by men of Abuja Environmental Protection Board, Nigeria Police Force, Department of State Security and other various security agencies in Nigeria with disparate visions and modes of operation from matters like this, in the name of ridding the society of sin, also gives an expository to the trespass to morals in legal societal issues.

 

RECOMMENDATIONS

Success of the nation (Nigeria) leans extremely on the level of importance we attach to matters and what matters we attach high level of importance to. Amidst the chaos and economic redundancy the country is facing, detention and violation of the fundamental human rights of Female Sex Workers is a distraction from the goal. On this basis, I recommend the following:

  1. That a deliberate and conscious effort should be made by law enforcement agencies in carrying out their functions.
  2. That law enforcement agencies should engage in human rights trainings and studies as a course for qualification.
  3. That Female Sex Work should be seen as “just a name” that it is, distinct from persons who are involved in the acts of female sex work. Because I believe that would help law enforcement agencies to see them as human beings and also treat them as human beings.

 

CONCLUSION

Section 405 (1) (d) of the Penal Code Act, chapter 53 LFN (Abuja) defines vagabond as thus:

“A common prostitute behaving in a disorderly or indecent manner in a public place or persistently importuning or soliciting persons for the purpose of prostitution”

The law is like a manual by which we all (with no exception to a particular people) should live. Explicitly observed in the afore stated provision is the fact that prostitution is not a crime in the Penal Code Act, chapter 53 LFN (Abuja). Rather, what constitutes a crime in this Act is a disorderly or indecent behaviour in a public place persistently importuning or soliciting persons for the purpose of prostitution.

I strongly believe that meddling in the affairs of persons with regards to their private lives and how they choose to live it is rather indecent and a show of irresponsibility.

For better examination and study of the report made mention of above, kindly visit Lawyers Alert Nigeria website @lawyersalertnigeria.org.

 

 

 

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