…Calls for Action, Accountability
…Tasks Chief of Defence Staff to stop reprisals by Army in South East/South South
Human Rights Writers Association of Nigeria, (HURIWA), has strongly condemned the continued use of excessive force and extrajudicial measures by the Nigerian Army, particularly in the Southern regions of the country.
The National Coordinator, Comrade Emmanuel Onwubiko, in a statement released on Monday the 9th of October 2023, demand concrete actions, not mere words, from the Chief of Defence Staff, Gen. Christopher Musa, to ensure that the armed forces adhere to the principles of professional discipline and respect for human rights.
Onwubiko stated that it is with great concern that we have witnessed a disturbing pattern in the Army’s response to attacks on their personnel in different parts of the country.
While the Army has repeatedly engaged in violent reprisals and extrajudicial killings in the Southern regions, such actions are noticeably absent in the North, even when officers have been tragically killed by terrorists.
This double standard is equal to apartheid. By the way reprisals are unconstitutional and antithetical to the application of rules of engagement and is therefore unacceptable and must be rectified immediately.
He pointed out that for over two decades, since the inception of democracy in Nigeria, there has been a concerning lack of accountability for large-scale arson attacks on Southern communities, often in retaliation for attacks on soldiers by terrorists and criminal elements. This continued impunity has perpetuated a cycle of violence and suffering among innocent civilians who find themselves caught in the crossfire.
The Civil Rights group firmly believes that the Nigerian Army and all other armed forces must be subjected to the severest legal sanctions when they deviate from the principles of professional conduct and human rights. Retaliation for heinous crimes, such as the killing of soldiers by terrorists and street elements, should never be an excuse for attacking innocent villagers, especially in the South East.
The group, therefore, call upon Gen. Christopher Musa, the Chief of Defence Staff, to go beyond what it described as ‘’empty promises’’ and take concrete steps to instill professional discipline throughout the armed forces adding that the time for action is now. The lives and well-being of innocent civilians depend on it.
“Conduct a thorough and impartial investigation into all reported cases of extrajudicial killings and violence by the armed forces in the Southern regions.
“Ensure that those responsible for such violations of human rights face appropriate legal consequences, regardless of their rank or position.
“Implement comprehensive training and awareness programs within the armed forces to reinforce the importance of adhering to rules of engagement and respecting human rights.
“Establish clear mechanisms for civilian oversight and accountability to prevent future abuses.”
HURIWA expressed its readiness to continue advocating for the protection of human rights and justice for all Nigerians.
‘’For the avoidance of doubts, these are the
OBLIGATIONS OF THE MEMBERS OF THE ARMED FORCES TO COMPLY WITH THE EXTANT RULES OF ENGAGEMENT AND THE PROVISIONS OF THE LAW IN INTERNAL MILITARY OPERATIONS AND WHY CASES OF EXTRA JUDICIAL EXECUTION OF CITIZENS BY ARMED ACTORS MUST BE INVESTIGATED AND OFFENDERS IN THE MILITARY IDENTIFIED AND PUNISHED.’’
‘’The above subject matter could not have been more timely in our country Nigeria today, particularly in view of the pervasive and recurring incidents of extra judicial killings by members of Nigeria’s armed forces all over the country, under the guise of quelling insurgencies, insurrections, banditry, terrorism, kidnappings and various other sundry breaches of the peace, literally springing up in the length and breath of this vast territory called Nigeria, per second per second. There is no doubt that the daunting security challenges cropping up all over the country is very worrisome and therefore requires extraordinary measures by the country’s civil and military leadership, so as to try and stem them, we in the HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA (HURIWA) believe that care must be taken to ensure that members of the armed forces in carrying out this rather arduous task, do not cross the bounds of the absolute necessity to uphold the extant Rules of Military Engagement ROE and the provisions of the Law. Unfortunately, it has been stated in public and private circles in this country that Nigeria which is arguably the giant of Africa, is known for its human rights violations, particularly and disappointingly, by the military forces and other armed services! Efforts must therefore be put in place to ensure that the sanctity of the Law and the abiding supremacy of the Constitution of the Federal Republic of Nigeria are zealously guarded. Extra judicial executions and killings as well as inhuman treatment of citizens is absolutely forbidden both under the Constitution, the various Laws and even rules of morality. They are therefore totally condemnable and perpetrators within and outside the armed forces, including the police must be fished out and punished in accordance with our laws.’’
‘’HURIWA at this stage, explore some of the functions and duties of the Nigerian Army, as provided under the law, including the Constitution. They include the following;
1. It is the foremost duty and function of the Nigerian Army to uphold the Constitution of the Federal Republic of Nigeria. This is expected as the Nigerian Armed Forces was itself established and its composition and duties spelt out, under chapter 6, part 3, section 217 of the said Constitution.
2. Following from number one above, It is the primary duty of the Nigerian Army and the armed forces generally, to maintain the territorial integrity of Nigeria.
3. They are expected to defend Nigeria from external aggression.
4. They are to protect the country’s borders.
5. The Armed Forces of the Federal Republic of Nigeria are to perform any other duties stipulated by the National Assembly in their various enabling Acts, or as directed by the president, from time to time.’’
‘’It may be pertinent at this stage to examine what are the most commonly known “Rules of Engagement” in military operations not just in Nigeria but elsewhere in the civilized the world. Wikipedia defined Rules of Military Engagement in the following words, “directives issued by competent military authorities that delineate circumstances and limitations under which a nation’s (such as Nigeria – paraphrase mine) military forces will initiate and / or continue combat engagement with other forces encountered”. This is a most appropriate definition, which if faithfully implemented in practice, would eliminate the aforementioned obnoxious cases human rights abuses such as torture both physical and psychological including extra judicial killings!’’
‘’In practical terms however, a typical grounds forces Rules of engagement, include but are not limited to the following;
1. The Armed Forces have the right to use force for the purposes of defending themselves.
2. They also have the right to promptly and effectively repel hostile fire from anywhere.
3. When attacked by unarmed hostile elements such as mobs, protesters or rioters, Minimum Force necessary under the circumstances and proportional to the threat posed by such hostile elements is to be used. (Emphasis supplied by me).
4. Members of the armed forces must not cease the property of others in order to accomplish their mission.
5. Detention of unarmed civilians may be carried out if considered necessary for security reasons.
The foregoing are generalized rules of engagement applicable to armed forces all over the civilized world. Let us however look at some the rules of engagement issued to the military forces of Nigeria during the infamous Nigeria civil war by the then Commander in Chief of the Armed Forces of the Federal Republic of Nigeria, Major General Yakubu Gowon (as he then was). This is with a view to seeing how relevant or applicable those rules could be considered to be, even in Nigeria of today, clearly more than half a century later. They include the following;
1. Under no circumstances should pregnant women be ill treated or killed.
2. Children must not be molested or killed under any circumstances whatsoever.
3. Youths and school children must not be attacked, unless they are engaged in open hostilities against the armed forces
4. Hospitals, hospital staff and patients should not be tampered with or molested.
5. No property or buildings should be maliciously destroyed except when being used for rebellion purposes.
6. Churches and mosques must under no circumstances be desecrated
7. The military and its members must not engage in looting of any kind.
8. Male civilians who are hostile to the federal forces are to be dealt with firmly but fairly.
9. All military and civilians wounded must be given medical attention and care. They must be respected and protected in all circumstances.
10. Foreign nationals on legitimate business will not be molested. However, foreign mercenaries will not be spared as they our worst enemies.’’
It should be noted that the above rules of engagement given to the Nigerian military during the civil war abhorred in its totality, extra judicial killings and executions, even in a war situation. (Emphasis supplied by the HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA (HURIWA).’’
‘’For instance, no officer or soldier must be found aiding or abetting any act of arson, vandalism or unprofessional conduct; and troops are duty bound to intervene in any situation to avoid a breakdown in peace, stability or law and order of an area where they are deployed.
Section 217 (2) (c) of the 1999 Constitution (as amended) provides that Nigeria’s armed forces shall suppress insurrection and act in aid of civil authority to restore order when called upon to do so by the President, Commander-in-Chief reinforced by Sect (8) (1) and (3) of the Armed Forces Act, Laws of the Federation of Nigeria, (LFN) 2004, it stressed that this presupposes that troops have to use necessary force to quell crisis resulting in deaths, injury and damages to properties.
Other highlights of the ROE include:
The principle of minimum force and proportionality must be applied at all times; whenever operational situation permits, every reasonable effort shall be made to control the situation through measures short of using force, including personal contact and negotiations; the use of lethal force shall only be resorted to if all other means to control the situation have failed or in case of unexpected attack or suspected Improvised Explosive Device (IED) attack during which a delay could lead to loss of life or serious injury to personnel; and that any force applied must be limited in its intensity and duration; it must also be commensurate with the level of threat posed.
Force shall be used only when absolutely necessary to achieve an immediate aim; the decision to open fire shall be made only on orders and under the control of on-scene commander, unless there is insufficient time to obtain such order. Fire can however be opened if the life of a soldier, any law-abiding member of the public and/or property of which it is our duty to protect is in grave danger; fire must be aimed and controlled. Indiscriminate firing is not permitted.
Fire may be opened to forcefully stop any vehicle that fails to stop at a checkpoint or road block when ordered to stop for search; automatic fire will only be opened as a last resort; avoid collateral damage; after fire has ceased, render medical assistance and record details of incident both in writing and using audio/visual equipment whether or not casualty has been recorded; and whenever in doubt, seek clarification from higher headquarters.’’ he added.
