How extra-judicial killings spiked

At the age of 60, Nigeria can be deemed to be an elder in the league of nations as it celebrated its 60th independence anniversary on 1st October, 2020. Notwithstanding the existence of law enforcement outfits like the Nigeria Police Force, Nigerian Army, Nigerian Navy, Nigerian Airforce, other para military forces in the country and […]

At the age of 60, Nigeria can be deemed to be an elder in the league of nations as it celebrated its 60th independence anniversary on 1st October, 2020.

Notwithstanding the existence of law enforcement outfits like the Nigeria Police Force, Nigerian Army, Nigerian Navy, Nigerian Airforce, other para military forces in the country and numerous other security outfits, Nigeria and Nigerians are today more unsafe than at any other time since the civil war.

It is very clear that there are several unlawful or deliberate extra-judicial killings which violate the 1999 Constitution that specifically guarantees the right to life.

Lawyers believe that extra-judicial killings destroy the two guaranteed rights to natural justice and fair hearing i.e that no man should be a judge in his own case (nemo judex in causa sua) and that you must hear the other side before giving a judgment (audi alteram partem).

Daily Trust investigation reveals that there are categories of extra-judicial killings. These include extra-judicial killing of alleged criminals to extort money, political killing, death in custody due to lack of adequate medical care or torture, extra-judicial killing by non-state actors – paramilitary groups and extra-judicial killings of suspected terrorists.

The late Mohammed Yusuf (leader of the Boko Haram group) who was killed in 2009 was arrested in his in-law’s house before he was killed. This led to the radicalization of the group and subsequently the Boko Haram insurgents have now affiliated with ISWAP. Both the Boko haram and ISWAP too are carrying out extra-judicial killings on a large scale.

Investigations also show that in many quarters, people believe that extra-judicial killings are on the increase in Nigeria. Hence even where citizens do not make money but they are safe and alive it is one of the major achievements that any citizen can record in Nigeria today. Making money is secondary.

In recent times, the victims are too numerous to count but some of the notable instances of extra-judicial killings include the Odi massacre of 1999 where over 100 were killed; the 2005 Apo killing of six Igbo traders in Abuja that led to national outcry; and the Zaki Biam killing which led to international uproar.

Up till date, Nigerians are victims of unnecessary extra-judicial killings. Other victims in notable instances, include the killing of an NYSC member Miss Ifeoma Abugu who was arrested in the FCT, Abuja in place of her fiancé and later died in the custody of the defunct SARS and the case of Jimoh Isaq, in Oyo State.

But what could have been responsible for these killings? According to Chief Mike Ozekhome SAN, extra-judicial killings are carried out by state actors who appear to have no confidence in the judiciary. Hence, they resort to impunity due to lack of proper understanding and training as to what the arms that they carry are meant for.

Barrister Monday Ubani said when security agencies are involved in investigation, the end result is prosecution. But those involved in extra-judicial killings do not understand this. “Sometimes the alleged offence  for which they kill does not even carry the death penalty; for instance, where a boy harasses a girl. We need to educate our security outfits.”

Monday Ubani said one of the major problems is that security outfits do not have capacity to investigate complex modern crimes and get frustrated that they cannot get evidence with which they can successfully prosecute an accused person in a law court, ( this is because it is a matter of proof beyond reasonable doubt ) thus they eliminate him in their custody.

“Infact, the issue of applying science and technology such as the close circuit TV (CCTV) and data to reconstruct a scene of crime when they cannot unravel the crime is lacking hence they resort to violation of right to life,” he said.

Some lawyers who spoke with our correspondent on condition of anonymity said there should be sanctions for crimes when committed but here, hardly are people who carry out extra-judicial killing sanctioned as there are no clear laws criminalizing extra-judicial killings.

On the way out of the problem, Chief Ozekhome said the welfare of security agents is very important. According to him, “a policeman who has worked for 20 years and still remains a sergeant living in the barracks, and you ask him to mount a road block, a mere argument over N100 bribe angers him and he pulls the trigger.”

What then is the way out? Experts believe that there must be official condemnation of extra-judicial killings and the enactment of strong laws prohibiting extra-judicial killings. The chain of command and community policing with prohibition of death squads e.g. vigilante groups and secret detention.

Experts also demand heavy fine for those carrying out extra-judical killings and compensation for victims as there are legions of cases where police waste the lives of citizens but no diligent prosecution- heavy fine.

There is also a need for re-orientation on taking life and collaborating with international communities.