The Nigerian judiciary recently astonished Nigerians, when a
Federal High Court in Abuja directed a stay of execution of the orders issued
by the National Human Rights Commission (NHRC), which awarded a damage sum to
the tune of N135 million in favour of relatives and victims of the September
20, 2013 attack and killing of eight squatters in an uncompleted building in
Apo, Abuja.
 |
| JUSTICE AUTA |
Prior to this decision, the court, presided over by Justice
Gabriel Kolawole had in an ex-parte ruling he delivered on June 27 also granted
leave to the State Security Service (SSS) to apply for an order of certiorari
to quash the decisions and awards contained in the NHRC’s report on complaint
No: C/2013/7908/HQ.
The court had equally directed that the leave granted should
apply as stay of execution of the orders and awards in the report, "So
that the proceedings in this matter are not subverted by any step that may be
taken to seek to enforce or enforce the decision contained in the report."
The judge also instructed the SSS to institute its Motion on
Notice and serve it on the respondents. It would be recalled that the NHRC
indicted security agents
who carried out an operation in an uncompleted building in
the Apo district of Abuja on September 20, 2013, with a position that the
security agents did not
kill eight squatters in self-defence as claimed.
Accordingly, the commission directed the Federal Government
(FG) to effect payment to the tune of N135 million as compensation to the
victims – including N10 million for each of the deceased persons, as well as N5
million to each of eleven injured survivors.
The commission in its report read by Chairman of its
governing counsel, Professor Chidi Odinkalu declared that the DSS and the Army
lied when they blamed the death of the eight squatters and serious injury to
eleven others on a provoked attack. According to Odinkalu, "Having
investigated this complaint, heard all the parties and examined the relevant
laws, the NHRC, exercising its powers under Sections 5 and 6 of the National
Human Rights Commission Act, 2010, (as amended), hereby determines and declares
that the defence of self-defence asserted by the respondents (Federal
Government, SSS, Army) is not supported by the facts or evidence.
"There is no credible evidence to suggest or show that
the victims in this case were members of Jama’atu ahlus sunnah lid da-awati wal
jihad (Boko Haram) or involved in direct participation in hostilities. They
were, therefore, protected, civilian non-combatants.
"Taking account of all the circumstances in this case,
the application of lethal force was disproportionate and the killings of the
eight deceased as well as injuries to the eleven survivors were unlawful."
The NHRC also frowned at a situation where some squatters
who were arrested during the operation, were eventually released and banished
from the Federal Capital Territory. The commission stated further that,
"There is no basis in law for confining detainees freed by the respondents
to internal banishment."
The commission noted that though there was an armed conflict
between the armed forces and the Boko Haram sect in parts of the North, which
according to Odinkalu extended to the FCT, the rules of international
humanitarian law, particularly Article 3 of the Geneva Conventions, are applicable
to all the parties in the conflict.
"In consequence of the findings, the NHRC ordered the
award of the sum of ten million naira as compensation for each of the deceased
or Eighty Million Naira in respect of the eight deceased persons, to be paid by
the Federal Government." Aside this, the commission directed the FG to pay
each of the eleven injured survivors the sum of N5m.
According to the commission, "The Attorney-General of
the Federation and Minister of Justice is to ensure that evidence of payment is
lodged with the Registry of the National Human Rights Commission within 30 days
of the present decision." It also restrained the FG and DSS from the use
of administrative banishment against any of the survivors.
Odinkalu equally ordered a review and harmonisation of the
Rules of Engagement governing the operations of security agencies to bring them
into compliance with the applicable rules of international humanitarian law
governing non-international armed conflicts. The commission ordered the DSS and
the Nigerian Army to file a certified text of the harmonised and updated Rules
of Engagement with the secretariat of the NHRC within two months of the
decision.
The commission also maintained that in accordance with
Section 22 (1) of the National Human Rights Commission Act (as amended), it
would register the report and decision for enforcement with the Federal High
Court in the FCT. It would be recalled that eight squatters in the uncompleted
building died during an operation, which saw troops comprising operatives of
the DSS and the army undertook in an unsuccessful bid to arrest an alleged Boko
Haram leader – Suleiman R-Kelly – who was said to have buried arms in the Apo
cemetery.
The NHRC had earlier summoned the Director General of the
Directorate (DG) of State Security Services (DSS), the National Security
Adviser (NSA) and the Minister of the Federal Capital (FCT) to give explanation
as to all they knew about the Apo killings. Making known the development,
Odinkalu argued that the council had received and considered an interim report
of investigation in the case of Global Rights & Nasiru Adamu vs. Department
of State Services (DSS) concerning the killing by men of the DSS in Apo.
The NHRC Chairman revealed that, "The Commission
identified three issues to be determined in the
case as follows:(i) Whether the victims were indeed operatives of Boko
Haram;(ii) Whether, taking account of all the circumstances, the force applied
in the operation was proportionate to any threat identified or directed at the
security operatives or the general public; and(iii) Whether, in the
circumstances, the killing was lawful or unlawful."
Odinkalu stressed further that, "Given the nature of
issues raised by the complaint, Council, of its own motion, directed that the
Attorney-General of the Federation be
joined in the petition. "To enable
the commission complete its
consideration of this complaint, Council directed the Secretariat to issue
summons and hearing notices requiring the following entities to appear before a
Panel of Council for a hearing on these issues at 10:00hours on Thursday,
December 19, 2013 at the Headquarters of the National Human Rights Commission
in Abuja, namely, the:(i) Department of State Services, (DSS);(ii) Federal
Capital Territory Administration, (FCTA);(iii) Defence Headquarters (DHQ);(iv)
Asokoro General Hospital;(v) Global Rights;(vi) Keke-NAPEP Association,
Gudu;(vii) National Security Adviser; and(viii) Proprietor of the premises in
which the alleged killings occurred.
"Council further directed that the parties named above
shall be at liberty to file written or make oral representations on or before
the hearing date."
Aside the NHRC summons, the Senate on its part also
constituted investigative committees apparently to look into the incident that
led into the killings that took place at the Apo area in Abuja. The decision of
the upper legislative chambers came consequent upon a debate on a motion sponsored
by Sen. Sahabi Ya'u (PDP-Zamfara) entitled; "Apo killings; a case of
extra-judicial killing."
order on a matter of urgent national importance, asked the
Senate to suspend its rules and discuss the matter immediately. The senator
said, "The Senate notes with dismay the shootings in an uncompleted
building on Soji Aderemi Close, Bamanga Tukur Street of Apo Legislators
quarters on September 20," with an addition that, "it was
disturbed by the various accounts of the incident, which
left eight people, mostly tricycle operators from Zamfara, Katsina and Kano
states, dead and about 16 injured.
"The Department of State Security Services claimed that
those killed were members of the Boko Haram sect who were using the building as
a hide-out and armoury. The SSS claimed that its operatives were attacked by
sympathisers of the sect while attempting to exhume weapons buried in the
uncompleted building based on intelligence reports received from some detained
sect members.
"Survivors and eye-witnesses, however, said the
tricycle operators were squatters in the property, who paid N200 daily to sleep
in the building although the owner had given them a deadline to vacate. The
deadline given to them to vacate the premises had not elapsed before the owner,
allegedly a highly placed service person, used the SSS and soldiers to forcibly
eject the squatters. The war on terror should not be converted to a platform
for impunity and extra-judicial killings."
Another Senator, Clever Ikisikpo (PDP-Bayelsa) on his part
posited that, "We could not sleep that night and we were even scared to
come out the following morning.
It is not acceptable for the SSS to shoot people whether
they are Boko Haram or Keke NAPEP (tricycle)
operators. They should first be arrested and investigated."
Ikisikpo suggested a law that would stipulate that no
building should remain uncompleted for more than two years.
But the Senate after investigation absolved the security
agents that carried out the raid at the Apo Legislative Quarters which led to
the death of eight persons suspected to be members of Boko Haram of
extra-judicial killing but a hastily executed operation. The upper legislative
chamber had set up a 20-member Joint Committee on National Security and
Intelligence and Judiciary, Human Rights and Legal Matters to carryout an
investigation into the
alleged extra-judicial killings of the eight suspected
members of the Boko Haram by the combined team of soldiers and the DSS.
According to the Senator Mohammed Magoro, PDP, Kebbi South,
and retired General in the Nigeria army, led
Joint Committee report which was adopted on the floor of the
senate, it posited that the operation of security agents at Apo that produced
casualties was necessitated by electronic intercepts made by the DSS which indicated
plans to attack the Federal Capital Territory, FCT, on September 22, 2013.
The report suggested that there were influx of Boko Haram
elements into the FCT and its environs that was noticed through various sources
including electronic intercepts. The report further suggested that, "The
security agencies had enough and convincing intelligence to
believe that some Boko Haram elements were embedded among the over one hundred
dwellers of the uncompleted building at Apo. The arrest of Kamal and Adamu
(Boko Haram suspects) and intelligence information derived from them while in
the custody of the DSS actually confirmed increased activities of Boko Haram
terrorists in Abuja the seat of government.
"The categorical and damning evidence given by Kamal
and Adamu including the large cache of weapons allegedly buried in Gudu
cemetery and the presence of members of Boko Haram sect living in uncompleted
building made it imperative for the security agencies to take action."
In its testimony before the commission, the Nigerian Army
through the former Chief of Army Staff (COAS), Leutenant General Azubuike
Ihejirika, said the soldiers acted in self-defence after they were shot at. The
former Army boss who was represented by the Commander, Brigade of Guards
Nigerian Army, Major-Gen. Emmanuel Atewe, argued that the incident which took
place on September 20, 2013 was an isolated case, with a position that the Army
had acted with a view to averting mayhem in Abuja.
General Ihejirika who also insisted that the Apo incident
was part of ongoing military operation to rid the FCT of Boko Haram elements,
maintained that the military acted on a report from the DSS, which according to
him indicated plots by members of the sect to launch attacks in Abuja.
According to Ihejirika, "Between September 18 and 19, two persons were
arrested in Abuja and they made useful confessions that there were arms hidden
at Apo Cemetery to be used in a planned attack. The military went to the
cemetery to uncover the weapons, but that the suspects could not locate the
spot as it was night.
The suspect then told the team that their leaders, one
Suleiman, could tell where the arms were and that he lived at the Apo
uncompleted building.
"It was on that premise that the team cautiously moved
to the uncompleted building to arrest Suleiman. As troops were deploying to
cordon the building, the fire came; first it was a single shot, then rapid fire
followed. The troops returned fire in self-defence."
Ihejirika posited that the DSS got cogent information on a
planned attack, saying the September 20 raid on the uncompleted building was
necessary to avert the plan. The former Army chief also said, "The
military operating in FCT are well trained in handling arms and have exercised
restraint in the discharge of their duties. Apo is an isolated case and very
unfortunate. The security agents acted pro-actively to prevent collateral
damage that may have taken place in Abuja if the planned attack had taken
place.
No comments:
Post a Comment