The United States on Tuesday released its yearly reports on human rights in Nigeria. The 47-page document is essentially a rehash of events and reports during 2020 and draws substantially from the assessment of Nigeria’s human rights record by Amnesty International.
However, the report is incomplete as it promises an addendum in mid 2021 that expands the subsection on Women in Section 6.
The addendum will focus on a broader range of issues related to reproductive rights.
Executive Summary
Nigeria is a federal republic composed of 36 states and the Federal Capital Territory. In February 2019 citizens re-elected President Muhammadu Buhari of the All Progressives Congress party to a second four-year term. Most independent observers agreed the election outcome was credible despite logistical challenges, localized violence, and some irregularities.
The Nigeria Police Force is the primary law enforcement agency, along with other federal organizations. The Department of State Services is responsible for internal security and reports to the president through the national security adviser. The Nigerian Armed Forces are responsible for external security but also have domestic security responsibilities. Consistent with the constitution, the government continued to turn to the armed forces to address internal security concerns, due to insufficient capacity and staffing of domestic law enforcement agencies. There were reports that members of the security forces committed human rights abuses. Civilian authorities did not always maintain effective control over the security services.
The insurgency in the Northeast by the militant terrorist groups Boko Haram and the Islamic State in West Africa continued. The groups conducted numerous attacks on government and civilian targets, resulting in thousands of deaths and injuries, widespread destruction, the internal displacement of more than two million persons, and the external displacement of somewhat more than an estimated 300,000 Nigerian refugees to neighbouring countries as of December 14.
Significant human rights abuses included: unlawful and arbitrary killings by both government and non-state actors; forced disappearances by the government, terrorists, and criminal groups; torture and cases of cruel, inhuman, or degrading treatment or punishment by the government and terrorist groups; harsh and life- threatening prison conditions; arbitrary detention by government and nonstate actors; political prisoners; serious problems with the independence of the judiciary; arbitrary or unlawful interference with privacy; serious abuses in an internal conflict, including killing and torture of civilians; serious restrictions on free expression, the press, and the internet, including the existence of criminal libel laws; substantial interference with the rights of peaceful assembly and freedom of association, in particular for lesbian, gay, bisexual, transgender, and intersex persons; severe restrictions on religious freedom; serious acts of corruption;
trafficking in persons; inadequate investigation and accountability for violence against women; the existence or use of laws criminalizing consensual same-sex sexual conduct between adults; and the worst forms of child labor.
The government took some steps to investigate alleged abuses by police, including the Special Anti-Robbery Squad and military forces, but impunity remained a significant problem. There were reports of further progress in formally separating and reintegrating child soldiers previously associated with the Civilian Joint Task Force, a nongovernmental self-defense militia, which received limited state government funding.
Boko Haram and the Islamic State in West Africa continued attacks on civilians, military, and police; recruited and forcefully conscripted child soldiers; and carried out scores of person-borne improvised explosive device attacks–many by coerced young women and girls–and other attacks on population centres in the Northeast and in Cameroon, Chad, and Niger. Abductions by Boko Haram and the Islamic State in West Africa continued. Both groups subjected many women and girls to sexual and gender-based violence, including forced marriages, sexual slavery, and rape. The government investigated attacks by Boko Haram and the Islamic State in West Africa and took steps to prosecute their members.
Section 1. Respect for the Integrity of the Person, Including Freedom from:
a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings
There were reports that the government or its agents committed arbitrary, unlawful, or extrajudicial killings. At times authorities sought to investigate, and when found culpable, held police, military, or other security force personnel accountable for the use of excessive or deadly force or for the deaths of persons in custody, but impunity in such cases remained a significant problem. State and federal panels of inquiry investigating suspicious deaths did not always make their findings public.
The national police, army, and other security services sometimes used force to disperse protesters and apprehend criminals and suspects. Police forces engaging in crowd-control operations generally attempted to disperse crowds using nonlethal tactics, such as firing tear gas, before escalating their use of force.
On October 20, members of the security forces enforced curfew by firing shots into the air to disperse protesters, who had gathered at the Lekki Toll Gate in Lagos to protest abusive practices by the Nigerian Police Force’s Special Anti-Robbery Squad (SARS). Accurate information on fatalities resulting from the shooting was not available at year’s end. Amnesty International reported 10 persons died during the event, but the government disputed Amnesty’s report, and no other organization was able to verify the claim. The government reported two deaths connected to the event. One body from the toll gate showed signs of blunt force trauma. A second body from another location in Lagos State had bullet wounds. The government acknowledged that soldiers armed with live ammunition were present at the Lekki Toll Gate. At year’s end the Lagos State Judicial Panel of Inquiry and Restitution continued to hear testimony and investigate the shooting at Lekki Toll Gate.
There were no reports of the federal government further investigating or publicly holding individuals accountable for the Nigerian Army’s 2015 killing and subsequent mass burial of 347 members of the Islamic Movement of Nigeria (IMN) and other civilians. There was also no evidence that any members of the armed forces were held accountable for clashes in Abuja with IMN protesters in October and December 2018 that reportedly killed at least 42 persons.
In August a military court-martial convicted a soldier and sentenced him to 55 years in prison after he committed a homicide while deployed in Zamfara State.https://googleads.g.doubleclick.net/pagead/ads?client=ca-pub-6622305925836088&output=html&h=343&adk=3295628634&adf=2974523151&pi=t.aa~a.829776362~i.35~rp.4&w=412&lmt=1617269357&num_ads=1&rafmt=1&armr=3&sem=mc&pwprc=5756087158&psa=1&ad_type=text_image&format=412×343&url=https%3A%2F%2Fwww.pmnewsnigeria.com%2F2021%2F04%2F01%2Ffull-u-s-report-on-nigerias-human-rights-record-in-2020%2F&flash=0&fwr=1&pra=3&rh=310&rw=372&rpe=1&resp_fmts=3&sfro=1&wgl=1&fa=27&dt=1617269421557&bpp=27&bdt=5830&idt=27&shv=r20210329&cbv=r20190131&ptt=9&saldr=aa&abxe=1&cookie=ID%3D638563c53f239b72-22b593c36fa600db%3AT%3D1605506538%3ART%3D1605506538%3AS%3DALNI_MZVSayvvu4e7oM-DQsicRCSBwgfvA&prev_fmts=0x0%2C412x343%2C412x343%2C412x343%2C412x343%2C412x343&nras=4&correlator=1165028478342&frm=20&pv=1&ga_vid=1569762374.1597259094&ga_sid=1617269419&ga_hid=1292912773&ga_fc=0&u_tz=60&u_his=2&u_java=0&u_h=915&u_w=412&u_ah=915&u_aw=412&u_cd=24&u_nplug=0&u_nmime=0&adx=0&ady=9509&biw=412&bih=671&scr_x=0&scr_y=4812&eid=44731610%2C44740079%2C31060474%2C44739387%2C21066973&oid=3&psts=AGkb-H-D4kfD5VXcKpBINA072BjHTve8Va-NrhV-piwT9U7p7tz03i0y5FaFL2hTp8G-naVe03MOWNlGwA%2CAGkb-H9IAKKIaa9rc-Pdc5VoePlUSLG6khuXU7ZCQDMLMJrpnuMh-tgOjugSFAdPkTKPlJLK47m3oatIaR_a&pvsid=383031407836904&pem=813&ref=https%3A%2F%2Fwww.pmnewsnigeria.com%2F&rx=0&eae=0&fc=1408&brdim=0%2C0%2C0%2C0%2C412%2C0%2C412%2C671%2C412%2C671&vis=1&rsz=%7C%7Cs%7C&abl=NS&fu=8320&bc=31&ifi=8&uci=a!8&btvi=5&fsb=1&xpc=1nQ2sKEGTM&p=https%3A//www.pmnewsnigeria.com&dtd=13859
There were reports of arbitrary and unlawful killings related to internal conflicts in the Northeast and other areas (see section 1.g.).
Criminal gangs also killed numerous persons during the year. On January 25, criminals abducted Bola Ataga, the wife of a prominent doctor, and her two children from their residence in the Juji community of Kaduna State. The criminals demanded a ransom of $320,000 in exchange for their return. They killed Ataga several days later after the family was unable to pay the ransom. On February 6, the criminals released the children to their relatives.
b. Disappearance
In August 2019, to mark the International Day of the Disappeared, Amnesty International issued a statement calling on the government to release immediately hundreds of persons who had been subjected to enforced disappearance and held in secret detention facilities across the country without charge or trial.
Criminal groups abducted civilians in the Niger Delta, the Southeast, and the Northwest, often to collect ransom payments. For example, on the evening of December 11, criminals on motorbikes stormed the Government Science Secondary School in Kankara, Katsina State, abducting 344 schoolboys and killing one security guard. On December 17, the Katsina State government, in conjunction with federal government authorities, secured the release of the boys.
Maritime kidnappings remained common as militants turned to piracy and related crimes to support themselves. For example, in July, Nigerian pirates attacked a Floating Production Storage and Offloading vessel near Rivers State, kidnapping 11 crew members.
Other parts of the country also experienced a significant number of abductions. Prominent and wealthy figures were often targets of abduction, as were religious leaders, regional government leaders, police officers, students, and laborers, amongst others. In January the Emir of Potiskum, Alhaji Umaru Bubaram, and his convoy were attacked on the Kaduna-Zaria Highway. The emir was abducted, and several of his bodyguards were killed. The Abuja-Kaduna road axis was a major target for kidnappers, forcing most travelers to use the train.
Boko Haram and the Islamic State in West Africa (ISIS-WA) conducted large- scale abductions in Borno, Yobe, and Adamawa States (see section 1.g.).https://googleads.g.doubleclick.net/pagead/ads?client=ca-pub-6622305925836088&output=html&h=343&adk=3295628634&adf=1908776939&pi=t.aa~a.829776362~i.47~rp.4&w=412&lmt=1617269357&num_ads=1&rafmt=1&armr=3&sem=mc&pwprc=5756087158&psa=1&ad_type=text_image&format=412×343&url=https%3A%2F%2Fwww.pmnewsnigeria.com%2F2021%2F04%2F01%2Ffull-u-s-report-on-nigerias-human-rights-record-in-2020%2F&flash=0&fwr=1&pra=3&rh=310&rw=372&rpe=1&resp_fmts=3&sfro=1&wgl=1&fa=27&dt=1617269421631&bpp=23&bdt=5903&idt=23&shv=r20210329&cbv=r20190131&ptt=9&saldr=aa&abxe=1&cookie=ID%3D638563c53f239b72-22b593c36fa600db%3AT%3D1605506538%3ART%3D1605506538%3AS%3DALNI_MZVSayvvu4e7oM-DQsicRCSBwgfvA&prev_fmts=0x0%2C412x343%2C412x343%2C412x343%2C412x343%2C412x343%2C412x343&nras=5&correlator=1165028478342&frm=20&pv=1&ga_vid=1569762374.1597259094&ga_sid=1617269419&ga_hid=1292912773&ga_fc=0&u_tz=60&u_his=2&u_java=0&u_h=915&u_w=412&u_ah=915&u_aw=412&u_cd=24&u_nplug=0&u_nmime=0&adx=0&ady=12180&biw=412&bih=671&scr_x=0&scr_y=7654&eid=44731610%2C44740079%2C31060474%2C44739387%2C21066973&oid=3&psts=AGkb-H-D4kfD5VXcKpBINA072BjHTve8Va-NrhV-piwT9U7p7tz03i0y5FaFL2hTp8G-naVe03MOWNlGwA%2CAGkb-H9IAKKIaa9rc-Pdc5VoePlUSLG6khuXU7ZCQDMLMJrpnuMh-tgOjugSFAdPkTKPlJLK47m3oatIaR_a%2CAGkb-H9jdGfoannq78-WYRUiqrvCcquHCOQ5svhdHVKK3KKGM38XD_bSVYF3EpurKcisEGh2uqr7SMkilw&pvsid=383031407836904&pem=813&ref=https%3A%2F%2Fwww.pmnewsnigeria.com%2F&rx=0&eae=0&fc=1408&brdim=0%2C0%2C0%2C0%2C412%2C0%2C412%2C671%2C412%2C671&vis=1&rsz=%7C%7Cs%7C&abl=NS&cms=2&fu=8320&bc=31&ifi=9&uci=a!9&btvi=6&fsb=1&xpc=DB5IEYuoqA&p=https%3A//www.pmnewsnigeria.com&dtd=35390
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishmenthttps://googleads.g.doubleclick.net/pagead/ads?client=ca-pub-8264632571551786&output=html&h=343&slotname=6328971641&adk=1961938681&adf=127464466&pi=t.ma~as.6328971641&w=412&lmt=1617269357&rafmt=1&psa=1&format=412×343&url=https%3A%2F%2Fwww.pmnewsnigeria.com%2F2021%2F04%2F01%2Ffull-u-s-report-on-nigerias-human-rights-record-in-2020%2F&flash=0&fwr=1&fwrattr=true&rpe=1&resp_fmts=3&sfro=1&wgl=1&dt=1617269417385&bpp=11&bdt=1657&idt=3086&shv=r20210329&cbv=r20190131&ptt=9&saldr=aa&abxe=1&cookie=ID%3D638563c53f239b72-22b593c36fa600db%3AT%3D1605506538%3ART%3D1605506538%3AS%3DALNI_MZVSayvvu4e7oM-DQsicRCSBwgfvA&prev_fmts=0x0%2C412x343%2C412x343%2C412x343%2C412x343%2C412x343%2C412x343%2C412x343&nras=5&correlator=1165028478342&frm=20&pv=1&ga_vid=1569762374.1597259094&ga_sid=1617269419&ga_hid=1292912773&ga_fc=0&u_tz=60&u_his=2&u_java=0&u_h=915&u_w=412&u_ah=915&u_aw=412&u_cd=24&u_nplug=0&u_nmime=0&adx=0&ady=12617&biw=412&bih=671&scr_x=0&scr_y=8501&eid=44731610%2C44740079%2C31060474%2C44739387%2C21066973&oid=3&psts=AGkb-H9uMNDrgZprVRZNOL5ATg0-LLKjGRHRnbrIB2m3ysCT-wMn7VaPhdbbUYcWhRj7QAy0JlOPFggkHuBv%2CAGkb-H_Cr3Uy-d_1lIQVySyOAtKDwtZTtx03Df39DSLIlB-ErBYU7UNsqaVq6uICJZ5R0ICM8G70iopsOw%2CAGkb-H-9Rxt3rAptHG_1dpaSGlYzXijPznTP1yhRFo29V-iF8yElNon1u-nGfzwhk9XBE5h64icSgi6h0z-a&pvsid=383031407836904&pem=813&ref=https%3A%2F%2Fwww.pmnewsnigeria.com%2F&rx=0&eae=0&fc=1920&brdim=0%2C0%2C0%2C0%2C412%2C0%2C412%2C671%2C412%2C671&vis=1&rsz=o%7C%7CoEebr%7C&abl=CS&pfx=0&fu=8320&bc=31&ifi=5&uci=a!5&btvi=7&fsb=1&xpc=oJpO8eUPhE&p=https%3A//www.pmnewsnigeria.com&dtd=40076
The constitution and law prohibit torture and other cruel, inhuman, or degrading treatment. A 2017 law defines and specifically criminalizes torture. The law prescribes offenses and penalties for any person, including law enforcement officers, who commits torture or aids, abets, or by act or omission is an accessory to torture. It also provides a basis for victims of torture to seek civil damages. A 2015 law prohibits torture and cruel, inhuman, or degrading treatment of arrestees; however, it fails to prescribe penalties for violators. Each state must also individually adopt the legislation compliant with the 2015 law for the legislation to apply beyond the Federal Capital Territory (FCT) and federal agencies. Two- thirds of the country’s states (Abia, Adamawa, Akwa Ibom, Anambra, Bayelsa, Benue, Cross River, Delta, Edo, Ekiti, Enugu, Jigawa, Kaduna, Kano, Kogi, Kwara, Lagos, Nasarawa, Ogun, Ondo, Osun, Oyo, Plateau, and Rivers) had adopted compliant legislation.
The Ministry of Justice previously established a National Committee against Torture. Lack of legal and operational independence and limited funding hindered the committee from carrying out its work effectively.
The law prohibits the introduction into trials of evidence and confessions obtained through torture. Authorities did not always respect this prohibition. According to credible international organizations, prior to their dissolution, SARS units sometimes used torture to extract confessions later used to try suspects. President Buhari disbanded SARS units in October following nationwide #EndSARS protests against police brutality. Of the states, 28 and the FCT established judicial panels of inquiry to investigate allegations of human rights violations carried out by the Nigerian Police Force and the disbanded SARS units. The panels were made up of a diverse group of civil society representatives, government officials, lawyers, youth, and protesters with the task of reviewing complaints submitted by the public and making recommendations to their respective state government on sanctions for human rights violations and proposed compensation for victims. The work of the judicial panels continued at year’s end.
Local nongovernmental organizations (NGOs) and international human rights groups accused the security services of illegal detention, inhuman treatment, and torture of criminal suspects, militants, detainees, and prisoners. On February 10, the BBC published a report documenting police and military use of a torture practice known as tabay when detaining criminal suspects, including children. Tabay involves binding a suspect’s arms at the elbows to cut off circulation; at times the suspect’s feet are also bound and the victim is suspended above the ground. In response to the BBC video, military and Ministry of Interior officials told the BBC they would investigate use of the practice.
In June, Amnesty International issued a report documenting 82 cases of torture by the SARS from 2017 to May.
Police used a technique commonly referred to as “parading” of arrestees, which involved walking arrestees through public spaces and subjecting them to public ridicule and abuse. Bystanders sometimes taunted and hurled food and other objects at arrestees.
The sharia courts in 12 states and the FCT may prescribe punishments such as caning, amputation, flogging, and death by stoning. The sharia criminal procedure code allows defendants 30 days to appeal sentences involving mutilation or death to a higher sharia court. Statutory law mandates state governors treat all court decisions equally, including amputation or death sentences, regardless of whether issued by a sharia or a nonsharia court. Sharia courts issued several death sentences during the year. In August a sharia court in Kano State convicted a man of raping a minor and sentenced the man to death by stoning. Authorities often did not carry out sentences of caning, amputation, and stoning ordered by sharia courts because defendants frequently appealed, a process that was often lengthy. Federal appellate courts had not ruled on whether such punishments violate the constitution because no relevant cases reached the federal level. Although sharia appellate courts consistently overturned stoning and amputation sentences on procedural or evidentiary grounds, there were no challenges on constitutional grounds.
There were no new reports of canings during the year. Defendants generally did not challenge caning sentences in court as a violation of statutory law. Sharia courts usually carried out caning immediately. In some cases convicted individuals paid fines or went to prison in lieu of caning.
According to the Conduct in UN Field Missions online portal, there were no new reports of sexual exploitation or abuse by peacekeepers from Nigeria deployed to UN peacekeeping missions, but there were still five open allegations, including one from 2019, one from 2018, and three from 2017. As of September, two allegations had been substantiated, and the United Nations repatriated the perpetrators, but the Nigerian government had not yet provided the full accountability measures taken for all five open cases.
In Oyo State, two Nigeria Police Force officers were arrested after reportedly mistreating subjects they arrested in July. In September the Nigeria Police Force dismissed 11 officers and filed criminal charges against an additional 19 for misconduct.
Impunity remained a significant problem in the security forces, including in the police, military, and the Department of State Services (DSS). The DSS, police, and military reported to civilian authorities but periodically acted outside civilian control. The government regularly utilized disciplinary boards and mechanisms to investigate security force members and hold them accountable for crimes committed on duty, but the results of these accountability mechanisms were not always made public. Police remained susceptible to corruption, faced allegations of human rights abuses, and operated with widespread impunity in the apprehension, illegal detention, and torture of suspects.
In response to nationwide protests against police brutality, the government on October 11 abolished SARS units. The DSS also reportedly committed human rights abuses. In some cases private citizens or the government brought charges against perpetrators of human rights abuses, but most cases lingered in court or went unresolved after an initial investigation. In the armed forces, a soldier’s commanding officer determined disciplinary action, and the decision was subject to review by the chain of command. The army had a human rights desk to investigate complaints of human rights abuses brought by civilians, and a standing general court-martial in Maiduguri. The human rights desk in Maiduguri coordinated with the Nigerian Human Rights Commission (NHRC) and Nigerian Bar Association to receive and investigate complaints, although their capacity and ability to investigate complaints outside major population centers remained limited. The court-martial in Maiduguri convicted soldiers for rape, murder, and abduction of civilians. Many credible accusations of abuses remained uninvestigated. The military continued its efforts to train personnel to apply international humanitarian law and international human rights law in operational settings.
Prison and Detention Center Conditions
Prison and detention center conditions remained harsh and life threatening. Prisoners and detainees reportedly were subjected to gross overcrowding, inadequate medical care, food and water shortages, and other abuses; some of these conditions resulted in deaths. The government sometimes detained suspected militants outside the formal prison system (see section 1.g.).
Physical Conditions: Overcrowding was a significant problem. Although the total designed capacity of the country’s prisons was 50,153 inmates, as of October prison facilities held 64,817 prisoners. Approximately 74 percent of inmates were in pretrial detention or remanded. As of October there were 1,282 female inmates. Authorities sometimes held female and male prisoners together, especially in rural areas. Prison authorities sometimes held juvenile suspects with adults.
Many of the 240 prisons were 70 to 80 years old and lacked basic facilities. Lack of potable water, inadequate sewage facilities, and overcrowding sometimes resulted in dangerous and unsanitary conditions. For example, in December 2019, according to press reports, five inmates awaiting trial at Ikoyi Prison were accidentally electrocuted in their cell, which held approximately 140 inmates despite a maximum capacity of 35.
Disease remained pervasive in cramped, poorly ventilated prison facilities, which had chronic shortages of medical supplies. Inadequate medical treatment caused some prisoners to die from treatable illnesses, such as HIV/AIDS, malaria, and tuberculosis. This situation was exacerbated with the arrival of COVID-19. In July the government released 7,813 prisoners, including some older than 60 or with health conditions, and others awaiting trial, in response to COVID-19. Although authorities attempted to isolate persons with communicable diseases, facilities often lacked adequate space, and inmates with these illnesses lived with the general prison population. There were no reliable statistics on the total number of prison deaths during the year.
Prisoners and detainees were reportedly subjected to torture, overcrowding, food and water shortages, inadequate medical treatment, exposure to heat and sun, and infrastructure deficiencies that led to inadequate sanitary conditions that could result in death. Guards and prison employees reportedly extorted inmates or levied fees on them to pay for food, prison maintenance, transport to routine court appointments, and release from prison. Female inmates in some cases faced the threat of rape.
Only prisoners with money or support from their families had sufficient food. Prison employees sometimes stole money provided for prisoners’ food. Poor inmates sometimes relied on handouts from others to survive. Prison employees, police, and other security force personnel sometimes denied inmates food and medical treatment to punish them or extort money.
Some prisons had no facilities to care for pregnant women or nursing mothers. Although the law prohibits the imprisonment of children, minors–some of whom were born in prison–lived in the prisons.
Generally, prison officials made few efforts to provide mental health services or other accommodations to prisoners with mental disabilities (see section 6).
Several unofficial military detention facilities continued to operate, including the Giwa Barracks facility in Maiduguri, Borno State. Although conditions in the Giwa Barracks detention facility reportedly improved, detainees were not always given due process and were subjected to arbitrary and indefinite detention (see section 1.g.). There were no reports of accountability for past deaths in custody, nor for past reports from Amnesty International alleging that an estimated 20,000 persons were arbitrarily detained between 2009 and 2015, with as many as 7,000 dying in custody.
After multiple releases during the year (see Improvements below), it was unclear how many children or adults remained in detention at Giwa Barracks or other unofficial detention facilities. According to press and NGO reports, the military continued to arrest and remand to military detention facilities, including Giwa Barracks, additional persons suspected of association with Boko Haram or ISIS- WA.
The government continued to arrest and detain women and children removed from or allegedly associated with Boko Haram and ISIS-WA. They included women and girls who had been forcibly married to or sexually enslaved by the insurgents. The government reportedly detained them for screening and their perceived intelligence value. Some children held were reportedly as young as age five.
Administration: The NHRC conducts prison audits. Despite an expressed willingness and ability to investigate credible allegations of inhuman conditions, the NHRC had not released an audit report since 2012. In 2018 the NHRC announced it was beginning a nationwide audit of all detention facilities. As of November no results of the audit had been released. Through its Legal Aid Council, the Ministry of Justice reportedly provided some monitoring of prisons through the Federal Government Prison Decongestion Program.
The law provides that the chief judge of each state, or any magistrate designated by the chief judge, shall conduct monthly inspections of police stations and other places of detention within the magistrate’s jurisdiction, other than prisons, and may inspect records of arrests, direct the arraignment of suspects, and grant bail if previously refused but appropriate.
While prison authorities allowed visitors within a scheduled timeframe, in general few visits occurred, largely due to lack of family resources and travel distances. Prison employees sometimes requested bribes to allow access for visitors.
Independent Monitoring: There was limited monitoring of prisons by independent nongovernmental observers. The International Committee of the Red Cross had access to police detention, the Nigerian Correctional Service (NCS), and some military detention facilities.
Improvements: International organizations reported that the military released more than 400 persons, including at least 309 children, from military custody in Maiduguri in March. Operation Safe Corridor, a deradicalization program, graduated more than 600 former low-level Boko Haram affiliate members and
former detainees.
d. Arbitrary Arrest or Detention
Although the constitution and law prohibit arbitrary arrest and detention, police and security services at times employed these practices. The law also provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court, but detainees found such protections ineffective, largely due to lengthy court delays. According to numerous reports, the military arbitrarily arrested and detained–often in unmonitored military detention facilities–thousands of persons in the context of the fight against Boko Haram in the Northeast (see section 1.g.). In their prosecution of corruption cases, law enforcement and intelligence agencies did not always follow due process, arresting suspects without appropriate arrest and search warrants.
Arrest Procedures and Treatment of Detainees
Police and other security services have the authority to arrest individuals without first obtaining warrants if they have reasonable suspicion a person committed an offense, a power they sometimes abused. The law requires that, even during a state of emergency, detainees must appear before a magistrate within 48 hours and have access to lawyers and family members. In some instances government and security employees did not adhere to this regulation. Police held for interrogation individuals found in the vicinity of a crime for periods ranging from a few hours to several months, and after their release, authorities sometimes asked the individuals to return for further questioning. The law requires an arresting officer to inform the accused of charges at the time of arrest, transport the accused to a police station for processing within a reasonable time, and allow the suspect to obtain counsel and post bail. Families were afraid to approach military barracks used as detention facilities. In some cases police detained suspects without informing them of the charges against them or allowing access to counsel and family members; such detentions often included solicitation of bribes. Provision of bail often remained arbitrary or subject to extrajudicial influence. Judges sometimes set stringent bail conditions. In many areas with no functioning bail system, suspects remained incarcerated indefinitely in investigative detention. At times authorities kept detainees incommunicado for long periods. Numerous detainees stated police demanded bribes to take them to court hearings or to release them. If family members wanted to attend a trial, police sometimes demanded additional payment.
The government continued to turn to the armed forces to address internal security concerns, due to insufficient capacity and staffing of domestic law enforcement agencies. The constitution authorizes the use of the military to “[s]uppress insurrection and act in aid of civil authorities to restore order.” Armed forces were part of continuing joint security operations throughout the country.
In some northern states, Hisbah religious police groups patrolled areas to look for violations of sharia.
Arbitrary Arrest: Security personnel reportedly arbitrarily arrested numerous persons during the year, although the number remained unknown.
Security services detained journalists and demonstrators during the year (see sections 2.a. and 2.b.).
Pretrial Detention: Lengthy pretrial detention remained a serious problem. According to NCS figures released in October, 74 percent of the prison population consisted of detainees awaiting trial, often for years. The shortage of trial judges, trial backlogs, endemic corruption, bureaucratic inertia, and undue political influence seriously hampered the judicial system. Court backlogs grew due to COVID-related shutdowns and delays. In many cases multiple adjournments resulted in years-long delays. Some detainees had their cases adjourned because the NPF and the NCS did not have vehicles to transport them to court. Some persons remained in detention because authorities lost their case files. Prison employees did not have effective prison case file management processes, including databases or cataloguing systems. In general the courts were plagued with inadequate, antiquated systems and procedures.
Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Detainees may challenge the lawfulness of their detention before a court and have the right to submit complaints to the NHRC. Nevertheless, most detainees found this approach ineffective because, even with legal representation, they often waited years to gain access to court.
e. Denial of Fair Public Trial
Although the constitution and law provide for an independent judiciary, the judicial branch remained susceptible to pressure from the executive and legislative branches. Political leaders influenced the judiciary, particularly at the state and local levels. Understaffing, inefficiency, and corruption prevented the judiciary from functioning adequately. There are no continuing education requirements for attorneys, and police officers were often assigned to serve as prosecutors. Judges frequently failed to appear for trials. In addition the salaries of court officials were low, and officials often lacked proper equipment and training.
There was a widespread public perception that judges were easily bribed, and litigants could not rely on the courts to render impartial judgments. Many citizens encountered long delays and reported receiving requests from judicial officials for bribes to expedite cases or obtain favorable rulings.
Although the Ministry of Justice implemented strict requirements for education and length of service for judges at the federal and state levels, no requirements or monitoring bodies existed for judges at the local level. This contributed to corruption and the miscarriage of justice in local courts.
The constitution provides that, in addition to common law courts, states may establish courts based on sharia or customary (traditional) law. Sharia courts functioned in 12 northern states and the FCT. Customary courts functioned in most of the 36 states. The nature of a case and the consent of the parties usually determined what type of court had jurisdiction. In the case of sharia courts in the north, the impetus to establish them stemmed at least in part from perceptions of inefficiency, cost, and corruption in the common law system. The transition to sharia penal and criminal procedure codes, however, was largely perceived as hastily implemented, insufficiently codified, and constitutionally debatable in most of the states.
The nature of a case and the consent of the parties usually determine what type of court has jurisdiction. The constitution specifically recognizes sharia courts for “civil proceedings”; they do not have the authority to compel participation, whether by non-Muslims or Muslims. At least one state, Zamfara State, requires civil cases in which all litigants are Muslim be heard in sharia courts, with the option to appeal any decision to the common law court. Non-Muslims have the option to have their cases tried in the sharia courts if they wish.
In addition to civil matters, sharia courts also hear criminal cases if both complainant and defendant are Muslim and agree to the venue. Sharia courts may pass sentences based on the sharia penal code, including for hudud offenses (serious criminal offences with punishments prescribed in the Quran) that provide for punishments such as caning, amputation, and death by stoning. Despite constitutional language supporting only secular criminal courts and the prohibition against involuntary participation in sharia criminal courts, a Zamfara State law
requires that a sharia court hear all criminal cases involving Muslims.
Defendants have the right to challenge the constitutionality of sharia criminal statutes through the common law appellate courts. As of September no challenges with adequate legal standing had reached the common law appellate system. The highest appellate court for sharia-based decisions is the Supreme Court, staffed by common-law judges who are not required to have any formal training in the sharia penal code. Sharia experts often advise them. Sharia courts are thus more susceptible to human error, as many court personnel lack basic formal education or the appropriate training to administer accurately and effectively penal and legal procedures. Despite these shortfalls, many in the north prefer sharia courts to their secular counterparts, especially concerning civil matters, since they are faster, less expensive, and conducted in the Hausa language.
Trial Procedures
Pursuant to constitutional or statutory provisions, defendants are presumed innocent and enjoy the rights to: be informed promptly and in detail of charges (with free interpretation as necessary from the moment charged through all appeals); receive a fair and public trial without undue delay; be present at their trial; communicate with an attorney of choice (or have one provided at public expense); have adequate time and facilities to prepare a defense; confront witnesses against them and present witnesses and evidence; not be compelled to testify or confess guilt; and appeal.
Authorities did not always respect these rights, most frequently due to a lack of capacity. Insufficient numbers of judges and courtrooms, together with growing caseloads, often resulted in pretrial, trial, and appellate delays that could extend a trial for as many as 10 years. Although accused persons are entitled to counsel of their choice, there were reportedly some cases where defense counsel was absent from required court appearances so regularly that a court might proceed with a routine hearing in the absence of counsel, except for certain offenses for which conviction carries the death penalty. Authorities held defendants in prison awaiting trial for periods well beyond the terms allowed by law (see section 1.c.).
Human rights groups stated the government did not permit all terror suspects detained by the military their rights to legal representation, due process, and to be heard by a judicial authority. Rights groups, including Human Rights Watch, expressed concerns regarding inadequate access to defense counsel, a lack of interpreters, and inadequate evidence leading to an overreliance on confessions. It was unclear whether confessions were completely voluntary. Those whose cases were dismissed reportedly remained in detention without clear legal justification. Human rights groups also alleged that in some cases dissidents and journalists were jailed without access to legal representation or had other rights denied, such as the right to a fair and public trial.
Women and non-Muslims may testify in civil or criminal proceedings and give testimony that carries the same weight as testimony of other witnesses. Sharia courts, however, usually accorded the testimony of women and non-Muslims less weight than that of Muslim men. Some sharia court judges allowed different evidentiary requirements for male and female defendants to prove adultery or fornication. Pregnancy, for example, was admissible evidence of a woman’s adultery or fornication in some sharia courts. In contrast, sharia courts could convict men only if they confessed or there was eyewitness testimony. Sharia courts provided women increased access to divorce, child custody, and alimony, among other benefits.
Military courts tried only military personnel, but their judgments could be appealed to civilian courts. The operational commanding officer of a member of the armed forces must approve charges against that member. The commanding officer decides whether the accusation merits initiation of court-martial proceedings or lower-level disciplinary action. Such determinations are nominally subject to higher review, although the commanding officer makes the final decision. If the case proceeds, the accused is subject to trial by court-martial. The law provides for internal appeals before military councils as well as final appeal to the civilian Court of Appeals.
Political Prisoners and Detainees
IMN’s leader, Sheikh Ibrahim Zakzaky, and his spouse remained in detention. In 2018 the Kaduna State government charged Zakzaky in state court with multiple felonies stemming from the death of a soldier at Zaria.
Civil Judicial Procedures and Remedies
The constitution and law provide for an independent judiciary in civil matters, but the executive and legislative branches, as well as business interests, at times exerted influence and pressure in civil cases. Official corruption and lack of will to implement court decisions also interfered with due process. The constitution and the annual appropriation acts stipulate the National Assembly and the judiciary be paid directly from the federation account as statutory transfers before other budgetary expenditures are made, in order to maintain autonomy and separation of powers. Federal and state governments, however, often undermined the judiciary by withholding funding and manipulating appointments. The law provides for access to the courts for redress of grievances, and courts may award damages and issue injunctions to stop or prevent a human rights abuse, but the decisions of civil courts were difficult to enforce.
Property Restitution
State and local governments forcibly evicted some residents and demolished their homes, often without sufficient notice or alternative compensation, and sometimes in violation of court orders.
f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence
The law prohibits arbitrary interference, but authorities reportedly infringed on this right during the year, and police entered homes without judicial or other appropriate authorization. In their pursuit of corruption cases, law enforcement agencies allegedly carried out searches and arrests without warrants.
On February 25, the NGO Law and Rights Awareness Initiative filed a lawsuit against the Nigerian Communications Commission challenging regulations granting warrantless access to telecom subscribers’ call data. The suit alleged that the regulations violate citizens’ constitutional right to privacy.
g. Abuses in Internal Conflict
The insurgency in the Northeast by the militant terrorist groups Boko Haram and the ISIS-WA continued. The groups conducted numerous attacks on government and civilian targets, resulting in thousands of deaths and injuries, widespread destruction of property, the internal displacement of more than two million persons, and external displacement of approximately 300,000 Nigerian refugees as of September 30.
Killings: Units of the NA’s Seventh Division, the NPF, and the DSS carried out operations against the terrorist groups Boko Haram and ISIS-WA in the Northeast.
There were reports of military forces committing extrajudicial killings of suspected
members of the groups.
Boko Haram and ISIS-WA attacked population centers, security personnel, and international organization and NGO personnel and facilities in Borno State. Boko Haram also conducted attacks in Adamawa, while ISIS-WA attacked targets in Yobe. These groups targeted anyone perceived as disagreeing with the groups’ political or religious beliefs or interfering with their access to resources. While Boko Haram no longer controlled as much territory as it did in 2016, the two insurgencies nevertheless maintained the ability to stage forces in rural areas and launch attacks against civilian and military targets across the Northeast. Both groups carried out attacks through roadside improvised explosive devices (IEDs). ISIS-WA maintained the ability to carry out effective complex attacks on military positions, including those in population centers.
On November 28, suspected Boko Haram terrorists killed at least 76 members of a rice farming community in Zabarmari, Borno State. Some of those killed were beheaded.
Boko Haram continued to employ indiscriminate person-borne improvised explosive device (PIED) attacks targeting the local civilian populations. Women and children were forced to carry out many of the attacks. According to a 2017 study by UNICEF, children, forced by Boko Haram, carried out nearly one in five PIED attacks. More than two-thirds of these children were girls. Boko Haram continued to kill scores of civilians suspected of cooperating with the government.
ISIS-WA increased attacks and kidnappings of civilians and continued to employ acts of violence and intimidation against civilians in order to expand its area of influence and gain control over critical economic resources. As part of a violent campaign, ISIS-WA also targeted government figures, traditional leaders, international organization and NGO workers, and contractors. In multiple instances ISIS-WA issued “night letters” or otherwise warned civilians to leave specific areas and subsequently targeted civilians who failed to depart. During its attacks on population centers, ISIS-WA also distributed propaganda materials.
On June 13, suspected ISIS-WA militants attacked the village of Felo, Borno State, killing dozens of civilians.
Abductions: In previous years Human Rights Watch documented cases where security forces forcibly disappeared persons detained for questioning in conflict areas, but there were no reports of such cases during the year.
Boko Haram conducted mass abductions of men, women, and children, often in conjunction with attacks on communities. The group forced men, women, and children to participate in military operations on its behalf. Those abducted by Boko Haram were subjected to physical and psychological abuse, forced labor, and forced religious conversions. Women and girls were subjected to forced marriage and sexual abuse, including rape and sexual slavery. Most female PIED bombers were coerced in some form and were often drugged. Boko Haram also used women and girls to lure security forces into ambushes, force payment of ransoms, and leverage prisoner exchanges.
While some NGO reports estimated the number of Boko Haram abductees at more than 2,000, the total count of the missing was unknown since abductions continued, towns repeatedly changed hands, and many families were still on the run or dispersed in camps for internally displaced persons (IDPs). Many abductees managed to escape Boko Haram captivity, but precise numbers remained unknown.
Approximately half of the students abducted by Boko Haram from the Chibok Government Girls Secondary School in 2014 remained in captivity. Leah Sharibu remained the only student from the 2018 kidnapping in Dapchi in ISIS-WA captivity, reportedly because she refused to convert to Islam from Christianity.
Physical Abuse, Punishment, and Torture: There were reports that security services used excessive force in the pursuit of Boko Haram and ISIS-WA suspects, at times resulting in arbitrary arrest, detention, or torture.
Arbitrary arrests reportedly continued in the Northeast, and authorities held many individuals in poor and life-threatening conditions. There were reports some of the arrested and detained included children believed to be associated with Boko Haram, some of whom may have been forcibly recruited. On May 27, Amnesty International published a report documenting the prolonged detention of terrorism suspects, including children, in deplorable conditions in military facilities in the Northeast. According to Amnesty, the prolonged detention of children in severely overcrowded facilities without adequate sanitation, water, or food, amounted to torture or inhuman treatment. Amnesty documented cases in which children detained in the facilities died as a result of the poor conditions. Conditions in
Giwa Barracks reportedly improved somewhat during the year, because the military periodically released groups of women and children, and less frequently men, from the facility to state-run rehabilitation centers. Government employees were not consistently held accountable for abuses in military detention facilities.
Reports indicated that soldiers, police, the Civilian Joint Task Force (CJTF), SARS, and others committed sexual exploitation and abuse of women and girls. Such exploitation and abuse were a concern in state-run IDP camps, informal camps, and local communities in and around Maiduguri, the Borno State capital, and across the Northeast. Women and girls continued to be exploited in sex trafficking, reportedly by other IDPs, aid workers, and low-level government employees. Some charges were brought against government officials, security force members, and other perpetrators. For example, an Air Force officer was convicted, dismissed, and sentenced in 2019 by a court-martial for sexual exploitation of a 14-year-old girl in one of the IDP camps. In August he was turned over to civilian authorities for further criminal prosecution. In September a military court-martial convicted, dismissed from service, and sentenced to five years’ imprisonment a soldier after he raped a teenage girl in Borno State.
Boko Haram engaged in widespread sexual and gender-based violence against women and girls. Those who escaped, or whom security services or vigilante groups rescued, faced ostracism by their communities and had difficulty obtaining appropriate medical and psychosocial treatment and care. In 2019 Boko Haram kidnapped a group of women and cut off their ears in retaliation for perceived cooperation with Nigerian and Cameroonian military and security services.
Child Soldiers: There were no reports that the military used child soldiers during the year. In 2019 an international organization verified the Nigerian military recruited and used at least two children younger than age 15 in support roles. Between April and June 2019, the military used six boys between 14 and 17 years old in Mafa, Borno State, in support roles fetching water, firewood, and cleaning. In October 2019 the same international organization verified the government used five boys between 13 and 17 years old to fetch water at a checkpoint in Dikwa, Borno State.
Reports indicated that the military coordinated closely on the ground with the CJTF. The CJTF and United Nations continued work to implement an action plan to end and prevent the recruitment and use of children, which was signed by both parties and witnessed by the Borno State government in 2017. According to credible international organisations, following the signing of the action plan there had been no verified cases of recruitment and use of child soldiers by the CJTF. Some demobilized former child soldiers were awaiting formal reintegration into communities.
Children (younger than age 18) participated in Boko Haram attacks. The group paid, forcibly conscripted, or otherwise coerced young boys and girls to serve in its ranks and perpetrate attacks and raids, plant IEDs, serve as spies, and carry out PIED bombings, often under the influence of drugs. The group also subjected abducted girls to sexual and gender-based violence, including rape and forced marriage.
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