PAPER

ODUAH URGES IBA REFORMS TO LIFT AFRICAN, YOUNG LAWYERS

Former Nigerian Bar Association (NBA) General Secretary JOYCE ODUAH spoke last Tuesday at the IBA on International Strategy and the International Bar Association: Building and developing an international strategy for young lawyers and its implementation.

Among other reforms, she advocated for reduction of membership and conference fees for young lawyers from all jurisdictions and for all lawyers from developing nations.

INTERNATIONAL STRATEGY AND THE INTERNATIONAL BAR ASSOCIATION: Building and developing an international strategy for young lawyers and its implementation.
Paper Presented by Joyce Oduah, FICMC, Former Council Member, IBA, at the 2022 International Bar Association Conference in Miami.

Question 1: What steps are in or out in devising international strategy.
International strategy is a term developed from the business sector. It is business plan or strategy created by a company to do its business in international markets. As we know Legal practice is business and as young lawyers you all need to join the international market of legal practice early to enable you succeed.

The question then is how can you as young lawyers join the international market of legal practice?
1. Attend conferences:
Attend Conferences organised by the International Bar Association, Regional Bar Associations and National Bar Association. When you attend these Conferences, make a deliberate attempt to network with lawyers from other jurisdictions. The problem we have most times is that when we attend conferences instead of making new friends we hang on to colleagues we already know or came to the conference with. My advice is that you make friends with colleagues from other jurisdictions and build your international network. By doing so you might be surprised that, opening for international briefs. Note if it does not come today it might come tomorrow.

2. Join in network of law firms:
We have international network of Law Firms and as young it will be great to join same. You can find this by searching through google all you need to do is check their ratings and join. With this you will get the international visibility you need. You can also join informal networks of friendly law firms.

3. Active usage of the social media:
This is the computer age or should I say jet age. To be relevant in the international space one of the tools that you need is the social media. I will recommend Linkedin because it is more business like. I have had opportunity to interact with some of our colleagues in other jurisdictions through this tool and it has been quite beneficial. Instagram is for younger clients. Twitter is more for politicians and journalists but need to be there also. I know you young lawyers are more computer sarvy than me and it will benefit you more.

4. Publishing articles:
To get the International space, you need to or have to publish or write articles in novel areas of law, write on newly promulgated laws. You will be surprised who reads your materials and calls you to handle complex legal issues based on what you have written.

5. Pursue ratings in various international listing:
This is somehow controversial because some people feel ratings are bought, all the same pursue it and get it on merit.

Why International Strategy:
An international strategy is important because there are some restrictions to doing business internationally as a legal practitioner and the only way to navigate the restriction is to have an action plan. Some of the obvious restrictions are:

• Cross Border practice: this is practice beyond a home state where one is licensed to practice. The world is increasingly getting smaller. With the introduction of globalization there has been a move from practicing law in one jurisdiction to increase in cross border transactions. Cross border practice especially in the business sector is on the rise because clients engage in cross border businesses and transactions. We need to counsel clients on the local and foreign based transactions in connection to transnational deals. Also, working for international organizations like the IBA, Continental Pan African Lawyers Union (PALU) and Regional organisation, we find ourselves needing expertise from practitioners in these jurisdictions.
• Differences in legal framework: Different countries; different laws even in countries with similar legal systems i.e. monist/dualist; common law/civil. The International Bar Association provides a platform where you can meet with lawyers across these jurisdictions. Using this network makes work easier. Access to information and expertise and someone on ground.
• Economic and Cultural factors: Cost of travel due to present inflation is high; cost of obtaining qualification; time cost; Language barrier and more. If you have a person in the other jurisdiction it will be easier to penetrate that legal system.
• Limitations by local bars: Qualification and licensing is different in different countries. As a Nigerian, I won’t be able to practice in Ghana, a West African country unless I pass their qualifying examination. Also, differences in legal systems; for example, civil and common law jurisdictions; nationalistic tendencies and protectionism due to fear of domestic practitioners losing out in the long run.
• Cost of doing business abroad: there is high cost for an international practitioner in terms of licensing, time, finances, information, skilled labour.
What are the steps to take in creating an international strategy:
• Understand your purpose: The first step is to understand the purpose of seeking an international practice. This is because all strategies are not the same. Your strategy is determined by the goal you intend to achieve. If your desire is to work abroad for a law firm, your strategy would be different from one who seeks to maintain practice in their home country whilst also servicing their international clients. Like everything else in life, your objective or goal determines your course of action.
• Resource Identification: Understand the resources available to you as this will help in building an effective strategy. These include; financial resources, people resources, intellectual resources, information resources
• Analysis of Legal Framework of Target Country and Client Base:
• Determine the strategy: The market entry mode as well as service/value offerings.

What are the advantages of being part of multi jurisdictional Lawyers:
1. One can design effective and comprehensive strategies for ones clients.
2. Understand international trends.
3. Provide international support for his/her clients

The benefit of being a member of an international organization like IBA is captured on its website homepage ‘you get to meet lawyers and legal professionals from all over the world and you are always learning at the IBA.’

You get to
• Build and maintain a public profile on your My IBA to enhance your recognition, status and improve your visibility online
• Gain new business and build your international referral network
• Attend IBA conferences at a discounted member rate
• Get an international perspective to legal practice. Develop expertise in your chosen specialism
• Expand your international network
• Gain new business
• Making new friends

QUESTION 2: What are the tools available to the IBA to effectively corporate with international practitioners
IBA tools for cooperating with international practitioners:
The IBA as the foremost international organization for legal practitioners worldwide has a role to play in assisting international legal practitioners and so far, the body has performed its function in an outstanding manner. There are several tools which the IBA have put in place to effectively cooperate with legal practitioners. They include:
1. access to reports,
2. surveys,
3. publications,
4. research;
5. professional development opportunities
6. networking opportunities like conferences, seminars;
7. continuing legal development on various aspects of law.; training programmes and materials
8. guidance documents like the practical guide, bar association guidance and the reference annex
9. opportunity to become officers
10. mentorship for example IBA Women Lawyers’ Committee Mentorship Toolkit launched on the 23rd of September.
11. I need to add this because it touches my heart, it is the reduction of membership fees and Conference fees for young lawyers from all jurisdiction and reduction of same for lawyers of the developing Countries. The young lawyers more particularly in developing countries are financially constrained.

Most are unable to afford the membership fees of the IBA. There is thus, a need for reduction in membership fees and conference fees for young lawyers by 50% for them to be able to take advantage of these opportunities. I mean those who are less than 10 years’ post call. Also, the IBA should identify talents through competitions like essay writing and give them opportunities to work or participate actively. The IBA should also provide visa assistance for persons desirous of travelling for IBA events.

Utilizing these tools will enable international lawyers to develop long-lasting business relationships; build lifelong friendships; Increase your profile and create new contacts share experiences and issues with lawyers from all practice areas in over 130 jurisdictions. The IBA is an Investment worth considering as it enables you save time and money by meeting all contacts under one roof.

QUESTION 3: How can a young lawyer effectively contribute and be part of this International community?
Effective Participation
Making the IBA part of your International Strategy should not be merely about joining the community. While this is a starting point, this should not be the end. Make it a part of the plan to effectively contribute to the organization. This way, you build traction and visibility whilst adding value to other members of the IBA and the body as a whole. It should not just be about what you take but also what you give.

Let me give you some examples of myself, my first contribution to my local bar was as a rapporteur during my Youth Service days in 1992. When I joined the Local Bar of my Country Nigeria, the Nigerian Bar Association, my aim was that I bring value to the Association and its members. It was all about service. In 2000 to 2002, I served as the Assistant Secretary, later in 2007 t0 2009, I became the Publicity Secretary, during my tenure as PS I brought lasting changes to my Branch with the introduction of lasting innovation which led to the growth in membership. I later served in the National body of our Association as the Treasurer 2012 to 2014, and there again made a lasting contribution by introducing the Bar Code which changed the fortune of the Branches of the Branches of the NBA. When I became the first female General Secretary of the NBA after 38 years, 2020 to 2022, I also made lasting contributions by introducing the NBA APP and USSD CODE. I am saying all these to let you know that you need to contribute to the IBA to build traction and visibility. All of us on this Panel have made and are still making contributions to the IBA and this is/has given us visibility, without this you would not have known us. You need to make yourselve available to be members of Panels in the near future.

Below is a threefold cord which I have put in place to enable you effectively participate in the IBA and in fact, any community you find yourself in. I call it the ISI model.

Intentionality: Be intentional about your desire to serve and add valuable. Make yourself valuable.

Strategy/Plan: Your strategy is dependent on what you hope to achieve. Participate in programs organized to discuss areas of law relevant to your practice area.

Implementation: Network; build friendships and trusts; keep in touch after conferences and do not fail to use your contacts. Your motivation for meeting people should not only be business. There should be a human touch to your engagements.

My IBA journey would be incomplete without my effective contribution in my local bar. As I have said, finance and lack of access could be a hindrance to joining the IBA. As a young lawyer opportunities will come as you make yourself available to serve from the state to the national and make lasting contributions. Now I am Vice President, West Africa of Pan African Lawyers Union (PALU); Immediate Past General Secretary of the Nigerian Bar Association, NBA, the largest bar in Africa; Member of the Commonwealth Lawyers Association and more. I have participated in IBA conferences and now I am talking to you as a panelist. This has enabled me build connections and relationships and has enriched my legal practice greatly.

QUESTION 4: What are the biggest trends or challenges in the legal market after the Covid 19 pandemic?
International Strategy post Covid 19:
Covid 19 brought about major disruption to our way of life and work in particular. However, there are benefits to International practitioners especially with the prevalence of virtual technologies and artificial intelligence which places the world at our finger tips. Lawyers can now do business from anywhere in the world and communicate with contemporaries thousands of miles away just at the click of a button and to succeed we must take advantage of the disruption and use it to our benefit. Some of these benefits include: Virtual Law Practice in terms of high presence of legal practitioners and law offices on the internet; sourcing clients; increased access to CLE Courses and legal Conferences and ability to track and report same and share it with the world and potential clients and employers; access to New Opportunities; Greater connectivity with practitioners worldwide; Remote working creating room for flexibility in work schedules; Development in technology and artificial intelligence. The fact that everything can be done online can be of great benefit to the international legal practitioner. This is also cost effective.

It is argued that the inflation and economic recession facing most countries in the aftermath of the Covid pandemic may hinder physical participation in networking, social and learning events due to high cost of participation including travel cost. However, use of technology may bridge the gap as members can participate from the comfort of their homes having paid conference fees and with internet access. And as we know these technologies should be utilized in a way that would allow for active participation i.e. breakout rooms, committee rooms, interactive channels, etc.

Conclusion
There is no one size fit all international strategy; each lawyer must create a plan tailored to suit his/her unique objectives for penetrating the international legal market. One plan is however accessible to all; membership of an International organization with as much clout and tools as the International Bar Association. The IBA if utilized has more than enough resources and platform to position you in the international legal scenery despite the restrictions that exists. It is pertinent to note that to survive as an international lawyer, you need to be able to provide intelligent and smart solutions to business legal challenges faced by businesses, governments and individuals depending on your client base and so you must be abreast with the latest trends and happenings in the international legal ecosystem. To grow, your international strategy is not to be a one off-plan. But a continuous process that is flexible and adaptable to the changing world. The legal practice is increasingly becoming a competitive one and so you must set yourself to stand out; this is where continuous learning and developing expertise comes in. The Covid 19 pandemic has occasioned a rise in cross-border practice and to succeed you need to collaborate. On a final note your international strategy should thus encompass building competence, expertise, collaborations; adaptability, flexibility and the ability to serve clients across different location. The International Bar Association is your sure bet.

Thank You

JOYCE ODUAH, FICMC
Former Council Member, IBA
Vice President, West Africa of Pan African Lawyers Union
Immediate Past General Secretary, NBA.

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‘WHY EXTRA-JUDICIAL KILLINGS PERSIST IN NIGERIA,’ BY ISAAC OGBAH

PAPER PRESENTED BY ISAAC OMUTA OGBAH, FICMC, CANDIDATE FOR THE 3rd VICE PRESIDENT OF NBA AT THE JUST CONCLUDED NBA BADAGRY LAW WEEK

TOPIC: “Extra Judicial killings in Nigeria; any justification”?

Presented by: Isaac Omuta Ogbah, Esq.

Introduction

There is an upsurge in the rate of extra judicial killings in Nigeria. Thus there is a need to look into this. The authorities have either turned deaf ears to these happenings and by necessary implications promoted the breakdown of law and order in Nigeria.

Definition of Extra-judicial killing

Extra-judicial killings is said to be a killing done by government officials without judicial or legal process.

This happens when someone in an official position deliberately kills a person without any legal process.

Its a violation to right to life, designating killing of an individual by State agent without a judicial process.

This is because the law sees every human life to be a precious thing that needs to be cherished, even though the law gives exceptions to right to life, there’s still no justification for extra judicial killings.

There are several instances where extra judicial killings has taken place in Nigeria. For example police brutality on peaceful protesters.

The noxious trend recurred at Ota-Efun, Osogbo, the Osun State capital, early in December when a police sergeant, Moses Samuel, killed a rig operator, Kabiru Babai, during an altercation. The same officer, who is reportedly undergoing orderly room trial, also injured a truck driver, Harisu Musa. The real tragedy of that story is that Babai was protesting the shooting of Musa when he was killed by the officer.

Early in November 2021 a police officer that has yet to be named, killed a tricycle operator in Meiran, Lagos State, triggering the mayhem that eventually claimed three lives. That incident was sparked by a demand for a measly N100 bribe. In September, another officer reportedly shot dead a 29-year-old father of one identified only as Gift, who was marking his birthday in Obinomba, in the Ukwani Local Government Area of Delta State.

While engaged in extortion, power-drunk police officers kill innocent civilians with reckless abandon during disagreements over paltry sums. Rogue officers of the Nigeria Customs Service, especially under its current Comptroller-General, Hameed Ali, also kill recklessly. In July 2021, Customs officers invaded Igangan, Igboora, Ayete, and Tapa communities in the Ibarapa LGA of Oyo State. When the dust settled, three people lay dead. The NCS spokesman, Theophilus Duniya, alleged that the deceased were smugglers. This tenuous claim was dismissed by a federal lawmaker representing Ibarapa Central/North Federal Constituency, Oyo State, Muraina Ajibola, who argued that the communities were over 200 kilometres away from the nearest border post. In May, Customs officers had killed five people at Iseyin, in the same state. No law authorises the summary killing of smuggling suspects.

Killings that should qualify as crimes against humanity have also been perpetrated by the military. The massacre of members of the Islamic Movement in Nigeria by the Nigerian Army in December 2015, where no fewer than 347 persons were killed, is unforgettable. Not only were the Shiites killed, but they were also buried in mass graves. The recommendations of the Justice Mohammed Garba-led panel that those responsible for the killings should be prosecuted have been ignored. Human Rights Watch, Amnesty International, other NGOs and nations have continued to call for justice to no avail.

In the South-East, the military has been reportedly killing citizens on the pretext of waging war against the Indigenous People of Biafra separatists. Many residents have reportedly been murdered by bloodthirsty soldiers without any consequence. AI reported in August that 115 people were killed in four months by security forces across Imo, Anambra, and Abia states. Another gory report in The PUNCH detailed how corpses of victims of extrajudicial killings were piled on each other at the morgue of the Federal Medical Centre, Owerri, Imo State.

From January 2021, gunmen suspected to be ESN militants launched a series of attacks on government infrastructure, including prisons and public buildings, killing several police officers. Amnesty International, in their report, condemned these attacks and called on authorities to bring the perpetrators to justice.

Amnesty International in its report in 2021 stated that Nigerian security forces launched security operations in June, 2021, primarily targeting ESN militants or those perceived as such to decimate the group.

Amnesty International documented at least 115 persons killed by security forces between March and June 2021. Many relatives of the victims told Amnesty International that they were not part of the militants that were attacking security agents.

Many of the victims were deposited at government hospitals in Imo and Abia state. According to several hospital sources all the victims deposited by the police had bullet injuries.

For instance, in two of the cases documented by Amnesty international, the victims were targeted with no apparent justification:

Uguchi Unachukwu, a German-based businessman was killed by soldiers on 31 May 2021, at a checkpoint near Owerri airport on his way out of the country. The police are yet to investigate the crime.

Mathew Opara, a 45-year-old businessman, was shot by soldiers on 25 May 2021 in Orji, near Owerri. Witnesses told Amnesty International that he was returning from work when he ran into a team of soldiers in armoured vehicle and Hilux vans shooting at residents. He was shot in the chest and could not receive immediate medical help because of the violence. His family said the military acknowledged the killing but did not launch an investigation or offer any apology.

Certainly extra judicial killings are unlawful and should be condemned in all ramifications

Under the law there are exceptions to when an individual life can be taken and it won’t amount to unlawful killing.

According to Section 33 of the 1999 constitution of Nigeria , these are the exceptions to right to life; self defence, execution of a court sentence, to effect a lawful arrest, to suppress a riot, mutiny and insurrection.

However, it should be noted that under the law there is no justification for extra-judicial killing.

Unfortunately, it seems the political and security leadership in Nigeria think nothing of the high rate of killings by state actors.

It is on record that 99% of these unlawful killings go largely unpunished, thanks in part to Nigeria’s Force Order 237, which allows officers to use lethal force in ways that contravenes international law, and because of government corruption and a prevailing culture of impunity.”

Ordinarily Force Order 237 ought only to be applied when the life of a Police officer is in danger

Section 3 states as follows: A Police officer may use firearms under the following circumstances:
A. When attacked and his life is in danger and there is no other way of saving his life;

B. Where defending a person who is attacked and he believes on reasonable grounds, that he cannot otherwise protect that person attacked from death

C. Where necessary to disperse rioters to prevent them from committing serious offense

D. If he cannot by any other means arrest a person WHO BEING IN LAWFUL CUSTODY ESCAPES AND TAKES TO FLIGHT IN ORDER TO AVOID REARREST.

It partly explains the #EndSARS protest of 2020.

In Nigeria, security agents compete with blood tasty non-state actors like Boko Haram/ISWAP terrorist, bandits, and Fulani Herdsmen in massacring Nigerians.

Lawmakers have a crucial role to play. Where there are killings, the House of Representatives members and senators from the affected constituencies should take the heads of the concerned security units to task.

NBA AT BOTH NATIONAL, STATE AND BRA CH LEVELS SHOULD RISE TO THE DEFENSE OF HUMAN RIGHTS.

By regularly interrogating service chiefs and the police hierarchy, and ensuring proper accountability, sanity might return to the system. UNFORTUNATELY IN TODAYS NIGERIA THE LAW MAKERS WOULD INVITE THE SERVICE CHIEFS AND THEY WOULD REFUSE TO HONOR SUCH INVITATIONS AND NOTHING IS DONE AS A DETERRENT ON SUCH OBVIOUS MALADMINISTRATION.

The state governors have been negligent and uncaring. They rarely follow up when security agents kill people extra judicially in their domain.

This must change. In their utterances and interactions, governors must demonstrate that they value the lives of citizens.

A governor could demand the removal of a commissioner of police under whose watch there are extrajudicial killings.

For instance, the governor of Ogun State, Dapo Abiodun, should lead protests against the high rate of killings by Customs officers in Ogun.

Nigerians must also stand for their rights. Peaceful protest is a constitutional right of every Nigerian and must be responsibly deployed to decry the highhandedness of security agencies. Civil societies and rights groups should mobilize the citizenry to demand punishment for killer security personnel.

Aside from the dismissal and prosecution of the culprits, their supervising and commanding officers must not be spared.

The United States of America 🇺🇸, United Kingdom and European countries’ citizens stage civil protests, sit-ins, petitions, and lawsuits to press for justice.

Liberty must be defended to be enjoyed.

The participation of the military in civil security in Nigeria is doing more harm than good. Therefore, the President, Major-General Muhammadu Buhari (retd.), should restrict the military to its primary constitutional role of fighting external aggression and reform the Customs.

Extrajudicial killings persist because there is little deterrence or consequence.

For a start, Nigerians must demand the implementation of the recommendations of the judicial panels of inquiries set up in the wake of the #EndSARS protest.

The security agents recommended for trial must be prosecuted.

Affected communities, individuals and families of victims should also seek justice through litigation.

An international Human Right non-governmental organization, has disclosed that not fewer than 122 cases of extra judicial killings were recorded in Nigeria between January and October 4, 2020.

We have international laws which kick against extra-judicial killings includes;

A. Universal Declaration of Human Rights (UDHR)

B. African Charter on Human and People’s Rights (ACHPR)

C. International Covenant on Civil and Political Rights (ICCPR)

D. Basic Principles on the Use of Force and Firms by Law Enforcement Officials (BPUFF).

E. United Nations Code of Conducts for Law Enforcement Officials (CLEO)

F. Principles on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary Executions, UN Model Protocol for a Legal Investigation of Extra -Legal, Arbitrary and summary execution.

In Nigeria we also have laws that kick against extra-judicial killings and they are;

1. The 1999 Constitution

2. Criminal Code and Criminal Procedure Act (both applicable in th Southern States in Nigeria),

3. Penal code and Criminal Procedure Code (both applicable in the Northern States in Nigeria),

4. Administration of Criminal Justice Act 2015 (ACJA) and

5. Administration of Criminal Justice Law (ACJL),

6. Nigeria Police Act and

7. Police Force and

8. Police Order 237.

Curbing extra judicial killing would be made easier if the revised force order 237 is effectively implemented.

The 2009 Amnesty report “killing at will: Extra-Judicial executions and other unlawful killings by the Nigerian Police” has given different areas that needs to be looked into when curbing extra-judicial.

A. The weak oversight mechanisms of the Nigeria Police force and

B. chronic lack of resources are some of the areas the 2009 Amnesty report.

General Legal Framework for Human Rights Protection The Chapter IV of the 1999 constitution of the Federal Republic of Nigeria, which Is a supreme law, sets out the fundamental human rights of the citizens of the Nigeria. The provisions of the Constitution are clearly against torture and killing and promote the right to life.

The Federal Government also established the National Human Rights Commission which is charged to deal with matters relating to the protection of human rights as guaranteed by the Constitution, the African Charter on Human and Peoples’ Rights, the United Nations Charter and the Universal Declaration on Human Rights and other International Treaties on human rights to which Nigeria is a signatory.

Although Nigeria has ratified the International Covenant on Civil and Political Rights (ICCPR) in 1993, the Convention against Torture (CAT) in 2001 and the Optional Protocol to the Convention against Torture (OPCAT) in 2009 they have not been integrated into the local laws.

Nigeria is also, yet to recognize the competence of the Committee against Torture to receive communications from individuals under article 22 of CAT.

Nigeria has established a National Committee on Torture as its National Preventive Mechanism (NPM) for the prevention of torture at the domestic level in accordance with the obligations of OPCAT.

The committee is charged with the duty to receive and consider complaints on torture; conduct visits to places of detention and examine allegations of torture, prevent torture by reviewing the treatment of persons.

Section 5 (a) National Human Rights Commissions Act put in place, a national anti-torture policy.

Nigeria is also a State Party to the African Charter on Human and Peoples Rights (ACHPR).

Though there are presently no legal provisions criminalizing torture or providing compensation to victims of torture in accordance with the UN Convention against Torture and extra judicial killings, it is believed that Chapter IV of the 1999 Constitution is encompassing, a notion that has been disproved by the prevalence of torture.

In March 2011, PRAWA carried out a research and monitoring exercise on cases of torture, cruel and inhuman and degrading punishment committed by law enforcement agents in Enugu state, Eastern part of Nigeria. This was done with a team of lawyers, psychologists and medical practitioners trained under the Torture Documentation and Redress Scheme (TDRS) Project.

The findings are as follows:

1. Statistics of the research indicated that out of the 176 victims interviewed, victims of torture ranged between the ages of 13 to 54 years, with young people between the ages of 26- 30 as the most frequent victims of torture in the state.

2. Out of 176 victims interviewed only 1 female was identified and interviewed. This was because the other female victims were not willing to reveal their ordeal in police custody.

3. Method of torture on the victims include prolonged detention in police custody, gunshot wounds 24.71%, severe beatings with police baton and other dangerous objects 36.21%, burning with hot objects 8.05%, squeezing of testicles and inserting objects into the penis, insertion of nails on feet 1.72%, electric shock, suspension on the tree in different positions 13.22%, cutting with cutlass 12.64% and other forms of torture. •

4. The Special Anti Robbery Squad (SARS) have police officers who are specially designated to torture crime suspects. Such police officers have an unofficial designation like “OC Torture” (Officer In Charge of Torture), and they have special skills in infringing various methods of torture on their victims.

The reason they were tortured was to obtain information or confessional statement from them before their trial.

Extrajudicial executions, other unlawful killings and enforced disappearances in Nigeria are not random.

In a country where bribes guarantee safety, those who cannot afford to pay are at risk of being shot or tortured to death by the police. The family of the victims often cannot afford to seek justice or redress, because they cannot pay for a lawyer or the court charges. In many cases, they cannot even afford to retrieve the body. In many cases, detainees wait for weeks or months in police custody to be charged and brought before a court.

Amnesty International recorded 29 cases of victims of enforced disappearances and extrajudicial executions who had never appeared before a judge.

Key issues of concern

a) Systematic torture in police and other centre of detention.

(b) Lack of adequate documentation and tracking of all tortured suspects upon reception in prison (from the police).

c) Lack of institutionalization mechanism for compulsory autopsy of all deaths in custody.

d) Lack of comprehensive database of all places of detention, their locations, addresses and the total number of persons in detention.

(e) Lack of adequate institutional process of internal and external monitoring and oversight of all detention facilities in Nigeria

(f) Torture and inhumane treatment of Mentally disabled person within the criminal justice delivery system including the detention and lack of psychiatric/medical treatment and review of the mentally disabled prisoners (including the ‘civil lunatics’ who have committed no crime and are only detained because of their mental state rather than being taken to mental health institutions).

g) Lack of provision of adequate rehabilitation services, care and treatment for torture victims by the State.

(h) Lack of reporting and documentation of all cases of Torture and Extra Judicial Killings.

There is no mechanism in place in the constitution or any other law to check and monitor the law enforcement agencies.

The absence of CCTV in the ‘questioning room’ has afforded the law enforcement agencies the luxury to get away with extra judicial killings and torture.

i) External Oversight of the Nigeria Police Force The NPF’s myriad failings—to prevent crime, to solve crime, to punish police.

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