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Happy Birthday Nigeria

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Author: Susan Enuogbope Majekodunmi
Posted to the web: 10/1/2010 11:21:19 PM


Last week, Nigeriaâ's birthday wasn’t on my mind till I got a flyer with the following information.

 

YOU ARE INVITED TO A JUBILEE PRAYER CONFERENCE

[PRAISE GOD NIGERIA TURNS 50]

Thursday, September 30, 2010

Time: 7.00 pm prompt

Theme: Nigeriaâ's Full Restoration Is Here

Remember, when we pray God works!

 

After reading the flyer, I began to honestly reflect on Nigeria, my own dear native land. Much as I would like to view Nigeria through rose colored glasses, reality won’t let me. Though I thank God for where Nigeria is, because it has come a long way, it is obvious that it still has a long way to go. I prayed for Nigeria to be better in every facet and to become a land flowing with milk and honey. A lot of good things happen in Nigeria and a lot of bad things happen there also but at 50 years old, Nigeria should be better than it is currently.

 

One way to evaluate Nigeria and take stock of what is occurring is to view it through the eyes of the US Department of State. Below is the 2009 information on Nigeriaâ's human rights abuses on their website. Western media often highlights the negative things about Africa and I’m sorry that I'm highlighting the negatives too, but I believe it is information most Nigerians should know.  You can access it at http://www.state.gov/g/drl/rls/hrrpt/2009/af/135970.htm or for those who can’t, feel free to read it below.

 

2009 Human Rights Report: Nigeria

Bureau of Democracy, Human Rights, and Labor

2009 Country Reports on Human Rights Practices

 

March 11, 2010

Nigeria is a federal republic of 36 states and a capital territory, with a population of approximately 150 million. In 2007 Umaru Musa Yar'Adua of the ruling People's Democratic Party (PDP) was elected to a four-year term as president; the PDP won 70 percent of seats in the national legislature and 75 percent of state governorships. The election was marred by what international and domestic observers characterized as massive fraud and serious irregularities, including vote rigging and political violence. Numerous election tribunals, which continued to hear complaints brought by losing parties at all levels, nullified several state and local elections during the year. In December 2008 the Supreme Court rejected the appeals of two major opposition presidential candidates, upholding the election of President Yar'Adua. While civilian authorities generally maintained effective control of the security forces, there were numerous instances in which elements of the security forces acted outside the law.

Human rights problems during the year included the abridgement of citizens' right to change their government; politically motivated and extrajudicial killings by security forces, including summary executions; vigilante killings; abductions by militant groups; torture, rape, and other cruel, inhuman or degrading treatment of prisoners, detainees, and criminal suspects; harsh and life-threatening prison and detention center conditions; arbitrary arrest and prolonged pretrial detention; denial of fair public trial; executive influence on the judiciary and judicial corruption; infringement of privacy rights; restrictions on freedom of speech, press, assembly, religion, and movement; official corruption and impunity; domestic violence and discrimination against women; the killing of children suspected of witchcraft; female genital mutilation (FGM); child abuse and child sexual exploitation; societal violence; ethnic, regional, and religious discrimination; trafficking in persons for the purpose of prostitution and forced labor; discrimination against persons with disabilities; discrimination based on sexual orientation and gender identity; and child labor.

Militant and criminal groups in the Niger Delta were responsible for numerous killings, kidnappings, and injuries, as well as the displacement of thousands of persons; however, lead militant groups accepted the president's offer of an amnesty by the October 4 deadline, after which reports of incidents attributed to these militant groups decreased, although violence remained pervasive in the south.

From July 26 to 29, violent clashes erupted in four northern states after supporters of Boko Haram ('western education is sin'), an Islamic extremist group, launched a four-state assault on police stations and other government facilities. In quelling the uprising, security forces committed serious human rights abuses, including executions, extrajudicial killings, and widespread and indiscriminate arrests.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including Freedom From:

a. Arbitrary or Unlawful Deprivation of Life

The government or its agents were responsible for numerous extrajudicial killings, including politically motivated killings of leaders of Boko Haram, an extremist Islamic group.

During the year the Joint Task Force (JTF), a unit formed in 2003 to restore stability in the Niger Delta and composed of elements of the military, police, and security services, conducted raids on militant groups and criminal suspects in the Niger Delta, resulting in numerous deaths and injuries. Credible reports also indicated that military personnel and paramilitary mobile police carried out summary executions, assaults, and other abuses across the Niger Delta (see section 1.g.).

From July 26 to 29, violent clashes between police and militant members of Boko Haram in four northern states resulted in more than 700 deaths; quick burials in mass graves precluded an accurate accounting of the dead. There were numerous injuries, and the Red Cross estimated that approximately 4,000 persons were displaced. The conflict began on July 26, in Bauchi, when approximately 70 members of Boko Haram attacked a police station with grenades and guns in retaliation for the mid-June arrest of several of the group's leaders and the injuring of group members. During the nights of July 27 and 28, the group attacked police stations and government buildings in Maiduguri, Borno state. Police and soldiers counterattacked, and the violence quickly spread to Potiskum in Yobe state and Wudil in Kano state. There were reports of summary executions, use of excessive force, and widespread arrests of suspected extremists, many based on little or no evidence. Some sect members allegedly shaved their beards and changed the style of their dress to avoid being identified. Corpses of militants were found at police stations, and there were numerous reports of persons being pulled from cars and summarily shot. According to Amnesty International (AI), on July 30, security forces killed an estimated 200 alleged members of the sect trying to flee Maiduguri. Religious leaders condemned the philosophy and actions of Boko Haram but criticized the government's use of excessive force and its failure to address the social problems, including poverty and lack of education, that they said triggered the violence.

On July 30, after four days of Boko Haram assaults on police and other local government institutions, the military entered Maiduguri, capital of Borno state and headquarters of Boko Haram, where soldiers located and arrested sect leader Muhammad Yusuf. Credible media reports claimed that police executed Yusuf, whose bruised body was subsequently seen at state police headquarters with multiple bullet wounds. While police initially admitted killing Yusuf in custody, they subsequently claimed he was killed trying to escape. Yusuf's father-in-law, Baba Mohammed, and Buji Fai, a former state government official suspected of funding Boko Haram, were also reportedly killed in custody. On August 4, President Yar'Adua pledged to conduct a full investigation of the Boko Haram uprising, including the circumstances surrounding Yusuf's death; however, there was no public release of the investigation by year's end.

On December 29, in the northern state of Bauchi, a clash between members of the Islamic sect Kala-Kato, town residents, and security forces resulted in approximately 40 deaths, including children, in fighting that lasted approximately three hours. The conflict started when residents complained to police about aggressive open-air preaching against other Muslim groups. Police arrested 20 persons, including children, for allegedly fighting and burning homes. Police claimed they had killed sect leader Mallam Badamasi and recovered 'bomb-making tools and explosives.' Civil society groups reportedly were trying to locate family members of the 23 children orphaned in the clash. In a December 30 statement, the UN Children's Fund (UNICEF) expressed concern for the orphaned children, noting that millions of children in the northern part of the country lived in precarious circumstances, many away from their families.

On December 9, AI published Killing at Will: Extrajudicial Executions and Other Unlawful Killings by the Police in Nigeria, which documented 39 cases of security force killings and enforced disappearances and was based on interviews and research conducted between July 2007 and July of this year. According to the report, national police were responsible for hundreds of extrajudicial executions, other unlawful killings, and enforced disappearances each year. Victims were not picked at random and, in a country where 'bribes guarantee safety,' those who could not afford to pay were at risk of being shot or tortured to death. The majority of cases were neither investigated nor perpetrators punished. When investigations did occur, they did not comply with international standards, and officers suspected of extrajudicial executions were generally sent on training or transferred to other states instead of being prosecuted. Police often claimed that the victim was an armed robber killed in an exchange of gunfire or while trying to escape police custody. AI charged that Police Force Order 237, which permits officers to shoot suspects and detainees who attempt to escape or avoid arrest, 'lets the police get away with murder.'

National police, army, and other security forces committed extrajudicial killings and used lethal and excessive force to apprehend criminals and suspects. According to AI, the government executed detainees in custody, suspected armed robbers under arrest, persons who refused to pay bribes, or persons stopped during road checks. While not confirming the report, Parry Osayande, the retired police deputy inspector general in Nasarawa state, told reporters that police killed hundreds of detainees annually, which he blamed on lack of training and inadequate funding.

On January 25, the Ovie of Ozoro, a traditional ruler, and several of his supporters attacked Eugene Ebiri, an individual with mental disabilities who lived in Isoko North Local Government Area, Delta state. Ebiri, whose offense reportedly was to have sat on the Ovie's throne, subsequently died, according to the Network on Police Reform in Nigeria, a network of 39 civil society organizations dedicated to police reform and accountability. Ebiri's body was taken to a mortuary, where it was located later by the family after police authorities refused to provide any information on the death. No action had been taken against the perpetrators by year's end.

On April 15, police in Mowe, Ogun state, indiscriminately fired into the home of Patrick Akama, who had called police because his home was being burgled. Akama died instantly.

On December 1, at Ado-Awaye, Oyo state, two police officers stopped 15 youths traveling by motorcycle, fired into the air to frighten them and then shot and killed one of the youths. One officer was arrested; the other officer fled the scene, was dismissed in his absence, and remained at large at year's end.

On October 27, the district coroner absolved police of any involvement in the August 2008 killing in Lagos of journalist Abayomi Ogundeji and ruled that armed thieves were responsible. Police also claimed Ogundeji had been killed by thieves, but a coroner's inquest in July implicated police in the killing after eyewitness accounts described the victim's unwillingness to get out of his car at a police roadblock. One of the eyewitnesses was shot and killed a few days before the inquest. The district coroner, however, accused police of failing to conduct a proper investigation.

During the year authorities charged a police officer with responsibility in the October 2008 death of bank manager Modebayo Awosika, who was shot in the head for failing to stop after his car collided with a police vehicle. On April 24, however, the trial was adjourned indefinitely to search for the other police officer involved in the killing.

No action taken against the four police officers from Ede, Osun state, who in October 2008 beat to death Misitura Ademola following her arrest for theft; or the police officers in Oshogbo, Osun state, who in October 2008 beat to death Dauda Najeem while attempting to extract a confession of theft.

Authorities did not hold police accountable for the use of excessive or deadly force or for the deaths of persons in custody. Police generally operated with impunity in the apprehension, illegal detention, and sometimes execution of criminal suspects. The reports of state or federal panels of inquiry investigating suspicious deaths were not published.

According to the December AI report, police officers from the Ketu Anti-Robbery Squad arrested persons attending a December 2008 community party and released only those who could pay a fine. One of the detainees unable to pay died after being beaten with an iron bar and rifle butt.

In April, after receiving a second petition from the Osun State Civil Societies Coalition against Corruption and Rights Violations, a team of police investigators visited Oshogbo to examine three extrajudicial killings that occurred in 2008 and seven, which occurred in prior years. The investigators had not released a report on their findings by year's end, despite multiple petitions.

A panel, established by Plateau state to investigate the November 2008 security force killings of approximately 700 civilians in the Jos North local government area, attributed the violence to provocation by religious leaders as well as violence by political parties and local government officials; however, the panel's full report had not been released by year's end, and no one had been charged or punished for any of the killings. A second panel called by the president to investigate the incident began public hearings the week of December 14.

No investigation was conducted into the February 2008 police killings of more than 50 persons in Ogaminana, Kogi state; police reportedly attacked the village in reprisal for the killing of a colleague by local youths.

Police use of excessive force, including live ammunition, to disperse demonstrators resulted in numerous killings during the year (see section 1.g.).

There were no developments in the following 2008 police killings of demonstrators: the January shooting deaths of three youths in Okeagbe, Ondo state and the January killings of four demonstrators in Kaduna state.

Violence and lethal force at unauthorized police and military roadblocks and checkpoints continued during the year, despite numerous announcements by the police inspector general that independent police roadblocks would be eliminated and offenders punished. According to AI's December report, commercial drivers were often stopped and asked to pay a bribe, the amount of which was determined by the weight of the vehicle. Police shot drivers who refused to pay and also shot them when there was a disagreement about the price or when it was unclear whether a bribe had been paid.

Bystanders sometimes were shot by mistake. For example, on April 5, a two-year-old girl was accidentally shot at a checkpoint in Lagos.

On May 15, at a checkpoint in Emene, Enugu state, police shot Aneke Okorie, who later died on his way to the hospital. An eyewitness told AI that a police officer shot Okorie in the stomach and then hung his gun around Okorie's neck to suggest that the officer had been attacked by an armed robber. When radio reports in Enugu state claimed that police had killed an armed robber, the eyewitness and community leaders wrote a petition to the Inspector General of Police stating that Okorie was innocent and asking for the perpetrators to be brought to justice. The three police officers involved in the shooting were arrested; one was dismissed from the police and awaited trial at year's end.

On September 3, in Festac, Lagos state, five police officers stopped the car of Lagos State University student Michael Egwu at a checkpoint and demanded documentation, which Egwu produced. According to eyewitnesses, the officers subsequently demanded money, and an argument ensued, during which one of the police officers shot and killed Egwu. News reports claimed an officer was in custody over the incident, but there was no confirmation by year's end.

On November 7, a 70-year-old man on the way home from the wedding of his son died after being shot in the head at a police checkpoint in Osogbo, Osun state; the man had refused to pay a 20 naira (13 cent) bribe. According to news reports, fellow officers removed the police officer, who was drunk, from the scene.

Despite police pledges to fully disclose details of the prosecution into the October 2008 shooting death of Gabriel Mordi at a checkpoint in Agbor, Delta state, police officers responsible for the killing were quietly redeployed to other locations during the year.

Police and military personnel used excessive and sometimes deadly force to quell civil unrest, property vandalism, and interethnic violence.

For example, on October 19, in Biu, Borno state, two of 100 motorcycle riders protesting the enforcement of required crash helmets were killed during a confrontation with police; several riders also were injured. A mob retaliated by burning Biu government offices.

The torturing and killing of children accused of witchcraft resulted in numerous deaths during the year (see section 6).

Killings carried out by organized gangs of armed robbers remained common during the year. In many regions, groups of street youths, known as 'area boys,' operated illegal highway checkpoints at which they demanded money from motorists.

Ethnic violence, often triggered by disputes between farmers and herders, resulted in deaths and displacement during the year.

For example, in June Fulani nomadic herders in Plateau state killed an ethnic Chala farmer, whose relatives retaliated the following day by killing three herdsmen. Conflicts were exacerbated by drought in the north, since many Fulani nomads had moved south to maintain their herds.

On April 27, government authorities expelled an estimated 2,000 Fulani nomads from Wase, Plateau state, after disputes over grazing their cattle on farm lands; in May another 700 nomads were also expelled from Borno state. Ahmed Idris, a congressman from Plateau state, charged that the expulsions of Fulani herdsmen violated the constitution and were an attempt to conduct 'ethnic cleansing.' The land disputes occurred over traditional grazing rights given by local governments to farmers over the years, leaving no place for the Fulani to graze their herds.

On December 18, at least 30 persons were killed in fighting between farmers and cattle herders in central Nasarawa state, when armed herders raided the farm village of Udeni Gida; a similar clash two weeks earlier occurred after herders led their cattle into rice fields.

There continued to be reports of street mobs killing suspected criminals during the year. There were no arrests reported from these mob actions and no developments in cases from previous years.

b. Disappearance

There were increased abductions of civilians by militant and criminal groups in connection with the conflict in the Niger Delta, particularly in Port Harcourt (see section 1.g.).

There was also a dramatic increase in abductions, some of which may have been politically motivated, in other parts of the country. In the first six months of the year, more than 500 persons reportedly had been abducted, 10 of whom were subsequently killed; 353 were reported as abducted in 2008.

While kidnappings for ransom were a common occurrence in the south, none had occurred during the year in the northern part of the country until April 16, when armed men abducted one of five Canadian citizens in the country on a Rotary exchange program. The gunmen demanded a ransom of 20.5 million naira ($136,000); however, the victim was released two weeks later, with no public confirmation of a ransom payment.

On March 12, in Benin City, the capital of Edo state, four gunmen abducted seven-year-old Etiosa Aghobahi, the son of the chairman of Ovia South West local government area of Edo state. After three days and payment of ransom, the boy was released unharmed. Edo police reported that 14 persons were arrested on kidnapping charges; none had been prosecuted by year's end.

On August 7, armed men abducted two Kogi state council chairmen, killed three police officers, and critically injured three others; the incident occurred while the councilmen were in Kabba for their monthly forum. Eyewitnesses described police vehicles carrying the armed men to the scene.

On September 21, 10 unidentified men dressed in military camouflage uniforms abducted Waje Yayok, secretary to the government of Kaduna state, and released him nine days later. Yayok's family reported that the kidnappers demanded a ransom of 40 million naira ($265,000). It was unclear whether the ransom was paid or the kidnapping was politically motivated.

On October 23, in what was widely believed to be a politically motivated act, unidentified persons kidnapped the 78-year-old father of Chukwuma Soludo, the PDP candidate for governor of Anambra State and former governor of the Central Bank of Nigeria. The victim was released unhurt after 10 days; there were reports of payment of a significantly lower ransom than originally demanded.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

JTF use of excessive force during raids on militant groups and criminal suspects in the Niger Delta resulted in deaths, injuries, mass rape, displacement of civilians, and other abuses in the Delta region (see section 1.g.).

Although the constitution and law prohibit such practices and provide for punishment of such abuses, torture is not criminalized, and security services personnel, including police, military, and State Security Service (SSS) officers, regularly tortured, beat, and abused demonstrators, criminal suspects, detainees, and convicted prisoners. Police mistreated civilians to extort money. The law prohibits the introduction into trials of evidence and confessions obtained through torture; however, police often used torture to extract confessions.

Citing the nongovernmental organization (NGO) Social Justice and Advocacy Initiative, the December AI report noted that 'intimidation, torture, and extortion of detainees are entrenched practices in the Nigerian criminal justice system.' The National Human Rights Commission (NHRC) claimed that 'most cases in court are prosecuted by the police based on confessions obtained under circumstances of torture.' In May the NHRC and the Legal Research Initiative established a center to create a database on acts of torture by law enforcement agencies.

In 2007 the UN special rapporteur on torture visited the country at the government's invitation to assess reports of official abuse. On the basis of discussions with detainees, visits to prisons and police stations, and forensic medical evidence collected over a one-week period, the rapporteur reported that torture was endemic in law enforcement operations, including police custody, and was often used to extract alleged confessions. According to his report, methods of torture included flogging a suspect with whips; beating a suspect with batons and machetes; shooting a suspect in the foot; threatening a suspect with death and then shooting him with powder cartridges; suspending a suspect from the ceiling; and denying a suspect food, water, and medical treatment.

In 2007 the local NGO Network on Police Reform in Nigeria stated that it had monitored 400 police stations in 13 states for a year and found that killings, torture, extortion, and rape had become routine because authorities shielded police officers from the law.

On August 18, the Economic and Financial Crimes Commission (EFCC) arrested and detained without charge student leader Abduliahi Ebiloma. In July Ebiloma had asked to meet with the education minister to discuss the teachers' strike and the removal of the minister of education; the education minister had rejected his request. During his 78-day detention, Ebiloma was beaten, shocked with electrodes attached to his torso, and not allowed to confer with an attorney. On October 3, he was released without explanation.

Police and military use of excessive force in quelling the late July uprising in Boko Haram communities resulted in numerous deaths and injuries (see section 1.a.).

Police occasionally beat children. For example, on July 3, police in Iket, Akwa Ibom, entered a shelter that held 150 children accused of witchcraft. When the children tried to prevent the arrest of staff members, police beat them, rendering two girls unconscious.

Security forces beat journalists during the year (see section 2.a.).

No investigation was conducted into the July 2008 beating by police of Baba Mohammad, who subsequently lapsed into a coma; there also were no developments in the November 2008 beating by navy officers of Uzoma Okere.

There were credible reports during the year that security forces committed rape and other forms of sexual violence against women and girls with impunity. Police officials acknowledged that rape was a problem. AI reported that women frequently were raped while in detention but did not report the abuse because of the social stigma attached to rape and the fact that police officers were the perpetrators. In July 2008 the NHRC reported a sharp increase in reported cases of rape and sexual abuse, particularly of minors and women in prisons and detention centers.

Varying Shari'a penal codes were in place in 12 northern states, and Shari'a courts delivered 'hadd' sentences, for example caning, for minor offenses such as petty theft, public consumption of alcohol, and prostitution; it was unknown if any of the sentences were carried out by year's end. States did not carry out any death sentences (stoning) pronounced in prior years for adultery. There were numerous Shari'a cases from previous years pending appeal or implementation of sentence, including pending amputation and stoning sentences in Jigawa, Bauchi, Niger, Kano, and Zamfara states. To date the only amputation sentence carried out involved a victim who refused to appeal his conviction.

Statutory law mandates that state governors either impose a stay or implement amputation or death sentences. Sentences under Shari'a often were not carried out because of the lengthy process for appeals. Because no relevant case had been appealed to the federal level, federal appellate courts had yet to decide whether such punishments violate the constitution. Courts consistently overturned stoning and amputation sentences on procedural or evidentiary grounds, but the sentences had not been challenged on constitutional grounds. Caning is also a punishment under common law in the Northern Region penal code and had not been challenged in the courts as a violation of statutory law. In some cases, convicted persons were allowed to pay a fine or go to jail instead of being caned. Shari'a courts usually carried out caning immediately, while the Shari'a criminal procedure code allows defendants 30 days to appeal sentences involving mutilation or death. Appeals often took months or years to decide.

Ethnic or communal clashes resulted in deaths and injuries during the year (see section 1.a.).

Prison and Detention Center Conditions

Prison and detention conditions remained harsh and life threatening. Most of the country's 227 prisons were 70 to 80 years old and lacked basic facilities. Lack of potable water, inadequate sewage facilities, and severe overcrowding resulted in dangerous and unsanitary conditions. In 2007 the UN special rapporteur on torture reported that those awaiting trial suffered more than those already convicted due to lack of funding for their care, and that inadequate medical treatment caused many prisoners to die of treatable illnesses. On October 12, Jerry Manwe, the chairman of the House Committee on the Interior, made a surprise visit to the Kaduna State Prison, after which he called conditions 'deplorable' and criticized the lack of facilities. The deputy comptroller of prisons responded that the prisons lacked safe water, electricity, and basic infrastructure.

The country also operated 86 satellite prisons, 11 farm centers, eight zonal offices, and six directorates, all of which held prisoners and detainees. Conditions in these facilities were no better than in the other prisons.

Disease was pervasive in cramped, poorly ventilated prison facilities, and chronic shortages of medical supplies were reported. HIV/AIDS, malaria, and tuberculosis were of particular concern. Only those with money or whose relatives brought food regularly had sufficient food; prison officials routinely stole money provided for food for prisoners. Poor inmates often relied on handouts from others to survive. Many inmates lacked beds or mattresses, forcing them to sleep on concrete floors, often without blankets. Prison officials, police, and other security forces often denied inmates food and medical treatment as punishment or to extort money.

Following a 2007 visit to 10 prisons in the states of Enugu, Kano, Lagos, and the Federal Capitol Territory (FCT), AI issued a report citing appalling prison conditions, noting that many prisoners were considered 'forgotten inmates' because they had been incarcerated for years without trial.

In 2007 the UN special rapporteur on torture also reported appalling conditions in detention centers, noting crowded and unsanitary cells, exacerbated by insufficient food, clean water, and medical care. The rapporteur noted, however, that conditions for female detainees were much better than those for males.

Inmates died from harsh conditions and denial of proper medical treatment during the year; however, an accurate count was not available from prison authorities.

The country's prisons held an estimated 42,000 inmates; reliable data was not available on the number of persons held in the 86 satellite facilities. Prisons held up to 250 percent of their designed capacity. For example, prisons in Lagos had a capacity of 2,905 prisoners but held more than 4,000. Makurdi prison in Benue state, with a capacity for 240 prisoners, housed 456, while Ado-Ekiti prison in Ekiti state, with a capacity for 200 prisoners, held 290 as of November. The federal prison in Enugu, built to house 400 inmates, held more than 1,000. There were approximately 630 female and 840 juvenile inmates in the country's prisons and detention facilities.

Authorities sometimes held female and male prisoners together, especially in rural areas, and prisons had no facilities to care for pregnant women or nursing mothers.

Although the law precludes the imprisonment of children, Justice Minister Aondoakaa acknowledged in 2008 the presence of more than 300 children in the country's prisons, many of whom had been born there. Despite a government order to identify and release such children and their mothers, the problem had not been solved by year's end. In November 2008 the Committee for the Defense of Human Rights, a coalition of human rights organizations, reported the imprisonment of 97 juveniles with adults in Port Harcourt, Rivers state. Authorities had taken no action to remove juveniles from these prisons by year's end.

Prisoners with mental disabilities were incarcerated with the general prison population, and no mental health care was provided.

Until 2008 the government allowed AI, Prisoners Rehabilitation and Welfare Action (PRAWA), and other NGOs regular access to prisons. After an unflattering report in 2007, AI no longer had unrestricted access to prisoners. During the year the government allowed only PRAWA to conduct regular prison visits.

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention; however, police and security forces continued to employ these practices. The JTF arbitrarily arrested hundreds of persons during the year during sweeps for militants.

Role of the Police and Security Apparatus

The Nigeria Police Force (NPF) is under the inspector general of police, who is appointed by the president and responsible for law enforcement operations. An assistant inspector general commanded each NPF state unit. The constitution prohibits state- and local-level governments from organizing their own police forces; however, state governors may direct federal police for local emergency actions. The SSS is responsible for internal security and reports to the president through the national security advisor. Due to police inability to control societal violence, the government continued to rely on the army in some cases.

The NPF committed human rights abuses and generally operated with impunity in the apprehension, illegal detention, and sometimes execution of criminal suspects. The SSS also committed human rights abuses, particularly in restricting freedom of speech and press.

According to AI's December report, only a fragment of the NPF annual budget reached state and local police stations, and the lack of funding contributed to many police failures. Officers worked without basic equipment and sometimes made crime victims pay for gasoline and stationery necessary to conduct an investigation.

Such lack of resources contributed to corruption, which remained rampant, particularly at highway checkpoints. Police routinely stopped drivers who had committed no traffic infractions, refusing to allow them to continue until they paid bribes. The police inspector general attempted to strengthen the Police Monitoring Unit, which was charged with visiting police stations to search officers for signs of accepting bribes; however, the unit was ineffective and had made no arrests by year's end. Citizens could report incidents of police corruption to the NHRC; however, it had no power to act on such complaints, and no other mechanism was available to investigate security force abuse. In its December report, AI noted that families of victims often could not pay for a lawyer, afford court fees, or even pay to retrieve a body.

Police use of alcohol while on duty reportedly contributed to abuses. For example, on November 28, in Effurun, Delta state, a police officer drinking in a local business opened fire, injuring the owner and a customer. On November 17, a foreign diplomat visiting police headquarters in Makurdi, Benue state, was threatened by a drunken police officer in full view of dozens of police officers, who did not intervene.

Arrest Procedures and Treatment While in Detention

Police and security forces were empowered to arrest without warrant, based on reasonable suspicion that a person had committed an offense, a power they often abused. By law police may detain persons for 48 hours before charging them with an offense. The law requires an arresting officer to inform the accused of charges at the time of arrest, to transport the accused to a police station for processing within a reasonable time, and to allow suspects to engage counsel and post bail. However, suspects were routinely detained without being informed of charges and denied access to counsel and family members. Provision of bail was often arbitrary or subject to extrajudicial influence. Conditions of bail set by judges often were too stringent to be met. In many areas there was no functioning bail system, so suspects were incarcerated indefinitely in investigative detention within the prison system. Detainees often were kept incommunicado for long periods. Numerous detainees alleged that police demanded bribes before they were taken to court to have their cases heard. If family members wanted to attend a trial, police often demanded additional payment.

Persons who happened to be in the vicinity of a crime reportedly were held for interrogation for periods ranging from a few hours to several months. After their release, they frequently were asked to return for further questioning.

Security forces arbitrarily arrested numerous persons during the year. During the July fighting between security forces and militant members of the Islamic extremist group Boko Haram, hundreds of persons in Bauchi, Yobe, Kano, and Borno states were arrested, many based on little or no evidence of involvement (see section 1.a.). Bystanders were released within a few days; however, as of September 21, 58 persons were being held without bail.

In August police arrested approximately 4,000 members of Darul Islam, an Islamic sect, and detained them for questioning before deporting them to their states of origin (see section 2.c.).

The Eagle Squad, a special security force sponsored by the commissioner of police in Osun state, continued to arbitrarily arrest citizens and civil society leaders (see section 4.).

Security forces detained journalists and demonstrators during the year (see sections 2.a. and 2.b.).

The EFCC reportedly singled out political opponents in its arrests and detentions of state, local, and federal government officials on corruption charges during the year (see sections 1.c. and 4).

Most of the 78 members of the Movement for the Actualization of the Sovereign State of Biafra (MASSOB) who were arrested in June 2008 for conspiracy to commit a felony were released during the year; however, members without influence or money to bribe authorities remained in detention. The members were arrested during a commemoration of the Nigerian civil war era secessionist state of Biafra and charged with intent to stage a protest.

Lengthy pretrial detention remained a serious problem, and human rights groups reported that detainees awaiting trial constituted 65 percent of the prison population, with some awaiting trial more than 10 years. At year's end there were 27,000 pretrial detainees in the country's prisons, who constituted 65 percent of the prison population. Serious trial backlogs, endemic corruption, and undue political influence continued to hamper the judicial system. Multiple adjournments in some cases resulted in serious delays. Many detainees were denied trials because police lacked vehicles to transport them to court on their trial dates. In Makurdi prison, where 78 percent of prisoners were awaiting trial, pretrial detainees held a protest in November because so many were unable to make their court dates due to lack of transportation.

The NHRC reported that some detainees were held because authorities had lost their case files. Some state governments released inmates already detained for longer than the potential maximum sentence if they had been convicted. Although detainees had the right to submit complaints to the NHRC, the commission had no power to respond. Detainees could try to complain to the courts but often found this approach impossible. Even detainees with legal representation often waited years to gain access to the courts. Since prison budgets did not allot funds for pretrial detainees, conditions were worse than those for convicted prisoners.

Amnesty

In August Lagos state Governor Babatunde Fashola granted amnesty to three death row inmates; the sentences of 29 death row inmates were commuted to life in prison, and eight others were commuted to various jail terms. The governor said he wanted to give the prisoners 'hope of changing their behaviors and being rehabilitated into society.'

e. Denial of Fair Public Trial

Although the constitution and law provide for an independent judiciary, the judicial branch remained susceptible to executive and legislative branch pressure. Political leaders influenced the judiciary, particularly at the state and local levels. Understaffing, underfunding, inefficiency, and corruption continued to prevent the judiciary from functioning adequately. Judges frequently failed to appear for trials, often because they were pursuing other sources of income and sometimes because of threats against them. In addition, court officials often lacked the proper equipment, training, and motivation to perform their duties, with lack of motivation primarily due to inadequate compensation. During the year Supreme Court judges called for a more independent judiciary.

The Ministry of Justice implemented strict requirements for education and length of service for judges at the federal and state level; however, there were no requirements or monitoring bodies for judges at the local level, which resulted in corruption and miscarriages of justice in those courts.

The regular court system consists of federal and state trial courts, state appeals courts, the Federal Court of Appeal, and the Supreme Court.

Military courts tried military personnel only.

Shari'a and customary (traditional) courts of appeal function in 12 states that use Shari'a for civil or criminal law, including a customary court in the FCT. Courts of first instance include magistrate or district courts, customary or traditional courts, Shari'a courts, and, in some specified cases, the state high courts. The constitution also provides that the government establish a federal Shari'a Court of Appeal and Final Court of Appeal, but these courts had not been established by year's end.

The constitution provides that states may establish courts based on common law or customary law systems. The law also provides that states may elect to use the Shari'a penal code in the courts. While Shari'a courts had been in operation throughout the north for centuries, in 2000 Shari'a courts were empowered to also hear criminal cases and pass sentences based on the Shari'a penal code, which outlines hadd offenses and punishments, including caning, death by stoning, and amputation.

The nature of a case usually determined which court had jurisdiction. The return to the Shari'a courts stemmed at least in part from inefficiency and corruption in the regular court system.

Defendants have the right to challenge the constitutionality of Shari'a criminal statutes through the common law appellate courts; however, no challenges with adequate legal standing reached the common law appellate system. The highest appellate court for Shari'a remained the Supreme Court, staffed by common law judges who were not required to have any formal training in the Shari'a penal code.

Trial Procedures

The constitution provides for public trials in the regular court system and individual rights in criminal and civil cases. The law does not provide for juries. A defendant is presumed innocent and has the right to be present, confront witnesses, present evidence and witnesses, be represented by legal counsel, and have access to government-held evidence; however, these rights were not always respected. Although an accused person is entitled to counsel of his choice, there is no law preventing a trial from going forward without counsel, except for certain offenses for which the penalty is death. The Legal Aid Act provides for the appointment of counsel in such cases and stipulates that a trial should not go forward without it. Defendants have the right of appeal.

In both common law and Shari'a courts, indigent persons without representation were more likely to have their sentences carried out immediately upon being sentenced, although all convicted persons have the right to appeal. The federal government instituted a panel of legal scholars in 2003 to draft a uniform Shari'a penal code to replace divergent Shari'a codes adopted by various northern states; however, the panel did not produce a report, and states continued to apply their individual codes.

There were no legal provisions in common law barring women or other groups from testifying in civil or criminal proceedings or giving their testimony less weight, but the testimony of women and non-Muslims usually was accorded less weight in Shari'a courts. Some 'qadis' (Shari'a court judges) allowed separate evidentiary requirements to prove adultery or fornication for male and female defendants. For women pregnancy was deemed permissible evidence in some Shari'a courts. By contrast men could only be convicted by confessing to the crime or if there was eyewitness testimony. However, Shari'a courts provided women with some benefits, including increased access to divorce, child custody, and alimony, because it was significantly easier, faster, and cheaper to get an audience in a Shari'a court than a common law court.

There was a lack of due process in numerous trials during the year. For example, on April 28, the army convicted 27 enlisted soldiers who had served as UN peacekeepers of mutiny and sentenced them to life in prison; the soldiers had protested after officers had stolen their stipend during deployment. After the case garnered international media attention, prison guards took reprisals against the jailed soldiers. In August the army reduced the sentences of the 27 to seven years. Meanwhile, the army found the officers guilty of theft and reassigned or forced them to retire; however, none received a prison sentence.

There were no developments in the trial of MASSOB leader Ralph Uwazurike and 10 others accused of treason in 2005; all of the accused remained free on bail.

On July 11, the trial of Hamza Al Mustapha and his four codefendants resumed; subsequent defense procedural filings resulted in another court adjournment. The five defendants, who were arrested in 2001 on treason charges for alleged assassination attempts on former president Obasanjo and other prominent prodemocracy activists, remained in prison at year's end. Al Mustapha, an army intelligence officer on the staff of late military leader Abacha, still had not been allowed to retrieve personal papers and evidence that he claimed would exonerate him.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees; however, persons arrested in previous years for alleged treason remained in detention at year's end.

Civil Judicial Procedures and Remedies

The constitution and law provide for an independent judiciary in civil matters. However, the executive and the legislature exerted undue influence and pressure in civil cases. Official corruption and lack of will to implement court decisions also interfered with due process. The law provides for access to the courts for redress of grievances, and courts can award damages and issue injunctions to stop or prevent a human rights violation. However, the decisions of civil courts were extremely difficult to enforce.

f. Arbitrary Interference with Privacy, Family, Home, or Correspondence

The law prohibits such actions, but authorities infringed on these rights during the year, and police raided homes without warrants.

The Federal Capital Development Authority (FCDA) continued to demolish homes and businesses illegally in the FCT that allegedly did not comply with the city's master plan. The government typically claimed that demolished homes or offices lacked proper permits, even if owners were able to produce paperwork indicating the structures were built legally. There was no transparent legal process for deciding which homes would be demolished, and persons who had their homes destroyed had no recourse to appeal and received no compensation. According to the Swiss-based Center on Housing Rights and Evictions, authorities have demolished more than 800,000 homes in the Abuja area since 2003. There was widespread opinion that the demolitions were primarily motivated by corruption and discrimination based on socioeconomic class, since mostly lower- and middle-class persons lost their homes and property, which, once vacated, were sold to wealthy persons with connections to government officials.

In July a Lagos state government special task force demolished hundreds of homes and buildings along the route of the Lagos-Badagry highway to make way for a major road expansion project. Authorities warned that only home owners able to provide genuine title documents would be compensated and denied the claims of many homeowners, alleging fraud.

The government also destroyed the homes of suspected opponents. For example, in January the JTF expanded its operations beyond the Niger Delta to raze 10 villages of the Abala community in Abia state. Residents were injured, and more than 80 homes were destroyed. The JTF, in conjunction with Abia state vigilante services and police forces, accused residents of sheltering armed robbers. No action was taken against the soldiers and vigilantes.

On April 27, authorities expelled 2,000 Fulani nomads from the Wase Local Government Council in Plateau state after disputes over grazing their cattle on farm lands; in May another 700 nomads were expelled from Borno state (see section 6.).

After the July uprising by Boko Haram, the government of Niger state forcibly relocated 1,200 members of the Darul Islam sect (see section 2.c.).

g. Use of Excessive Force and Other Abuses in Internal Conflicts

The Niger Delta region is home to one of Africa's largest oil industries, which exported nearly 2 million barrels of crude per day. Particularly since 2006, militant groups have used violence, including kidnapping oil company workers, to demand greater control of the region's resources. Abductions for ransom, armed robberies, gang wars, and fighting connected to the theft of crude oil, known as illegal oil bunkering, continued during the year and contributed to the region's general insecurity and lack of economic vitality.

Criminal gangs, called 'cults' in some areas, have copied the methods of more sophisticated militants to amass wealth and power, including kidnapping. In a new trend, kidnappings targeted citizens of modest means--including businessmen, doctors, teachers, and priests--as well as expatriates. Gangs extended their reach beyond the core Niger Delta states, where they originated as politically sponsored thugs to intimidate opponents and aid election rigging. Kidnappings, perpetrated primarily for ransom, occurred all across the country, including in the north. Power struggles between gangs resulted in hundreds of deaths in the previous two years, including of civilian bystanders, and resulted in extensive property damage.

On June 25, the government announced a general and unconditional amnesty for militants in the Niger Delta, and all major militant groups had accepted the offer by the October 4 deadline. Early reports indicated the amnesty program resulted in a significant decline in militant violence; however, some observers were skeptical that the militants had surrendered all of their weapons.

Killings

The JTF was responsible for numerous killings during the year, but no investigations were conducted.

For example, on February 22, the JTF reportedly killed 10 persons during an attack on a Rivers State community.

On August 26, soldiers shot and killed Clement Nwode in Abakaliki, Ebonyi state, claiming he was a militant involved in the Ezza-Ezillo community clashes in the state.

On October 12, in the Bundu waterfront neighborhood of Port Harcourt, JTF troops used firearms to disperse a crowd demonstrating against a planned demolition; three persons were killed, and 11 were injured. According to eyewitness accounts, two armored vehicles drove into the crowd, and several soldiers fired directly into the crowd. Security forces arrested 23 demonstrators, who were charged with conspiracy, breaching the peace, and destruction of public property; all 23 remained in prison without charge at year's end.

There were no developments in the following 2008 JTF killings in the Niger Delta: the March killing of four men near Isaka in the Okrika Local Government Area, Rivers state; and the July killing of 12 suspected militants in Bayelsa and Rivers states. There also were no developments in the following 2008 deaths that resulted from clashes between the JTF and armed militants: the August deaths of 35 persons in Bayelsa, Delta, and Rivers states; and the September deaths of an estimated 15 to 30 persons in the Elem Tombia and Ogboma communities of Rivers state.

Militants were responsible for numerous killings. For example, on July 1, a gang of unidentified gunmen ambushed a convoy of police and expatriate workers in the city of Aba, Abia state, and killed five police officers as the convoy was escorting workers to their offices at a bottling company. No arrests were made.

On June 1, militants attacked two police officers who were escorting a Scottish oil services worker from Port Harcourt; one of the officers died from his injuries. No arrests were made.

Abductions

Hostage takings increased during the year. According to the minister of police affairs, there were more reported kidnapping cases in the first seven months of the year than in all of 2008. In the past kidnappers targeted foreign nationals, but an increasing number of citizens, including women and children, were being abducted. Police reported that most kidnappings involved the complicity of persons close to the victim's family, including relatives.

In some areas tensions remained high between oil-producing communities and oil company employees and contractors.

Some kidnappings were perpetrated by militant groups trying to force the government to develop local economies, increase local control of oil revenues, or release prisoners; others were conducted for ransom. Oil facility guards and JTF soldiers were among those killed in these incidents. During the year criminals continued to kidnap the relatives (usually children or mothers) of prominent state politicians for ransom or to force payment for services, such as protection details and voter intimidation during elections.

On January 5, unknown persons abducted Chief Nelson Effiong, the house speaker of Akwa Ibom state; he was released unharmed with no official report of ransom paid.

Also on January 5, gunmen hijacked a foreign oil supply vessel and took nine crew members hostage, demanding a ransom of $25 million. Four days later, all crew members were released safely, with no public report of ransom being paid.

In separate incidents on February 3, criminals kidnapped the wife of a former petroleum minister, an electoral commission member of Rivers state, and an AGIP Oil Nigeria employee. The victims were released safely, with no public report of ransom being paid.

On June 5, in Enugu state, gunmen abducted Uchenna Ani, a UN Development Program (UNDP) employee. On June 10, Ani was released after his family reportedly refused to pay ransom.

Government authorities responded to kidnappings in the Niger Delta by deploying the JTF, which used excessive force and engaged militants and criminals in gun battles. Such battles resulted in deaths and injuries, widespread civilian displacement, destruction of communities and property, and decreased security during the year.

Physical Abuse, Punishment, and Torture

On January 21, following the razing of 10 villages in Abala, Abia state, the Abia state vigilante forces, local security forces hired by state government, arrested five members of the Abala community and placed them in jails in Umuahia, Aba, and in Owerri, Imo state. Police reportedly beat detainees regularly with the butts of guns and knives. One of the detainees, Ikechukwu Nwagbara, was released after two months, but the location of the remaining four detainees remained unknown at year's end.

On June 24, during another JTF attack in the same area of Abia state, JTF forces raped numerous women and girls. Thousands of residents were displaced, property was destroyed, and refugees in camps were left without adequate food and water. No arrests were made in connection with the attack, which triggered extensive media criticism.

Other Conflict-related Abuses

In May and June, the JTF conducted a military offensive against Tom Polo, an ethnic Ijaw and one of the country's most influential and effective militant leaders. Using helicopter gunships, the JTF destroyed Polo's base in Gbaramatu Kingdom, attacked communities suspected of harboring militants, killed and injured numerous persons, and scattered survivors into local creeks. JTF patrol boats closed waterways while searching for militants. Civil society groups and Ijaw leaders reported the destruction of Oporoza, Benikrukru, Okenroekoko, and two other communities. Tens of thousands of persons were either displaced or lost their livelihoods as a result of the attacks. Critics charged that the attacks reduced security in the area because Polo's followers escaped with their arsenal intact and moved into surrounding communities.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The constitution and law provide for freedom of speech and of the press; however, the government sometimes restricted these rights in practice. Security forces beat, detained, and harassed journalists, sometimes for reporting on sensitive issues such as the president's health. Journalists practiced self-censorship, and local NGOs claimed that newspaper editors and owners did not report some killings and other human rights abuses, due in part to government intimidation.

Government authorities attempted to impede public criticism. For example, on August 18, SSS officers arrested The Guardian newspaper journalist John Nnia Nwodo after a speech in which he urged army officers to 'not keep quiet if they see political changes need to be made.' No charges were filed, and Nwodo was released after being flown the next day from his home to Abuja for 'a routine chat.'

A large and vibrant private domestic press frequently criticized the government. Only one national, government-owned daily newspaper was published. State and local governments controlled the majority of print and electronic media, and several state governments owned daily or weekly newspapers. These state-owned publications tended to be poorly produced, had limited circulation, and required large state subsidies. There were 15 privately owned major daily newspapers, six weekly newsmagazines, and several sensationalist evening newspapers and tabloid publications.

During the year journalists were killed. For example, on September 20, unknown assailants in Lagos shot and killed Bayo Ohu, a journalist with The Guardian, when he opened his front door. The assailants took only his laptop and cell phone, generating speculation that his killing was linked to his work as a journalist. No arrests had been made in the case by year's end.

There were no developments in the following 2008 killings of journalists: the August killing by unknown assailants of Paul Abayomi Ogundeji and the October killing by six unknown assailants of Eiphraim Audu.

Security forces beat journalists. For example, on June 23, in Asaba, Delta state, police assaulted six journalists, seized their identification cards, and prevented them from covering the demolition of several buildings built on government land without official approval (see section 1.f.). On June 29, the international NGO Committee to Protect Journalists urged the inspector general of police to investigate the incident. The inspector general subsequently apologized to the six journalists, and the Ministry of Lands paid to replace a journalist's eyeglasses that were broken during the assault.

Journalists were also attacked by unknown assailants. For example, on January 15, unidentified gunmen broke into the apartment of The Scroll editor Janet Mba; the assailants fled when police, whom Mba had called before the assailants entered the apartment, arrived. Reporters Without Borders described the incident as the latest in a long series of violence, threats, and intimidation against the country's journalists.

There were no developments in the following 2008 attacks on journalists: the August beating by security operatives of a Channels TV cameraman, who attempted to take pictures of a raid on the house of Niger Delta Peoples Volunteer Force leader Asari Dokubo, or the September beating by police officers in Lagos of three journalists for attempting to cover an opposition political rally.

Security forces detained journalists and seized newspapers during the year. For example, on March 24, police in Bayelsa State arrested and detained Akin Orimolade, the Abuja bureau chief of the weekly newspaper National Life, and accused him of publishing a report that defamed Governor Timipre Sylva. Police held Orimolade for one week until Sylva ordered his unconditional release.

On March 25, police detained Olusola Fabiyi, a journalist from the independent newspaper The Punch, alleging that he failed to disclose the source of a story that a PDP governor in a northern state plotted to kill former Lagos governor Ahmed Tinubu. After interrogation police released Fabiyi on bail.

On July 22, police arrested and detained for six hours editor Shaka Momodu of a Lagos-based private newspaper for publishing allegedly defamatory information about a prominent businessman.

On November 18, SSS agents raided the offices of the newspaper Leadership and seized several computers. In November 2008 SSS agents arrested and detained Leadership publisher Sam Nda Isaiah and questioned him for two days about a story reporting that the president was critically ill.

There were no developments in the following 2008 cases of arbitrary arrest: the August arrest without charge of online editor Jonathan Elendu after he published several reports speculating about the president's health; the October arrest of Murtala Muhammad for speculating on the president's health in his online magazine Web site; the November arrests of Daily editor Abdulrazaque Bello Barkindo, Weekend editor Laura Olugbemi, and Weekend's former associate editor Simon Imoboswam for 'defamation of character' after the three published articles about the president's health.

There were 19 independently owned, private radio stations. The government owned one radio network with 34 stations.

On May 11, the National Broadcasting Commission (NBC) ordered the closure of a private radio station in Akure, Ondo state, for failure to pay a fine imposed for broadcasting an interview with opposition political leaders; NBC claimed the interview was 'capable of inciting people to violence on the eve of an April 24 local election.' On May 12, the Ondo state high court ordered NBC to allow the station to resume broadcasting, charging that it had not followed due process.

On September 16, security agents in Owerri, Imo state, detained and beat Wale Oluokun, a Radio Nigeria correspondent, after he reported on youths with visual disabilities who had ma

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