Presidential Tribunal on Human Right Abuses Against Military Concludes South-West Sitting

The Presidential Investigation Panel to review compliance of the Armed Forces with human rights obligations and rules of engagement, concluded its sittings in the South-West zone last Tuesday.

The nine-member Panel chaired by Justice Biobele Georgewill of the Court of Appeal, sat for two days in Lagos, during which several alleged cases of military brutality were heard.

Other members of the panel are Major-General Patrick Akem (Rtd), Mr. Wale Fapohunda, Mrs. Hauwa Ibrahim, Mr. Jibrin Ibrahim, Mr. Abba Ambudashi Ibrahim, Mrs. Ifeoma Nwakama, and Dr. Fatima Alkali who is counsel to the Panel.

The Federal Government inaugurated the Panel to review extant rules of engagement applicable in the Armed Forces of Nigeria, and the extent of compliance with them.

Part of the terms of reference of the Panel, which was inaugurated by the then Acting President, Professor Yemi Osin- bajo, SAN on August 11,2017 is to investigate alleged acts of violation of international humanitarian and human rights law under the Constitution of the country, Geneva Convention and other relevant laws.

Other terms of reference according to the Panel Chairman include:

a. To review extant rules of engagement applicable in the Armed Forces of Nigeria and extent of compliance thereto.

b. To investigate alleged acts of violation of international humanitarian and human rights law under the Constitution of the Federal Republic of Nigeria 1999 (as amended), Geneva Conventions Act, African Charter on Human and Peoples Rights (Ratification and Enforcement) Act and other relevant laws by the Armed Forces in local conflicts and insurgencies.

c. To investigate matters of conduct and discipline in the Armed Forces in local conflicts and insurgencies.

d. To recommend means of preventing violations of international humanitarian and human rights law in conflict situations; and

e. To make further recommendations in line with these terms of reference as may be deemed necessary.

The Vice President had in his inaugural speech, assured the Armed Forces and all of our uniformed forces, that exercises such as this should be regular and would be regular, and must not be seen as a witch hunt and in any way, to denigrate the very great work that the Armed Forces and uniformed forces are doing all over the country”.

“It is the responsibility of the Armed Forces and the responsibility of all of us who are in government, to ensure that we interrogate our own activities and ensure that those activities meet up with human rights norms and basic rules of decency observed across the world”, he stated.

In his address at the commencement of the South-West public sitting in Lagos, Justice Georgewill said that the Panel was a unique opportunity for all those who have genuine and verifiable cases of alleged human rights abuses by the Armed Forces in the course of managing and containing local conflicts and insurgencies, to submit their memoranda.

He disclosed that, his Panel will hold public hearings in each of the six geopolitical zones of the country, on selected dates and centres.

According to him, all over the world, insurgencies, military and such other like armed local conflicts, are asymmetric in nature and are thus, not executed according to any particular pattern or conventional mode of warfare.

"These therefore, pose unique challenges that most modern armies have to grapple and contend with, and thus, putting the response and discipline of the Armed Forces to the litmus test as to how to curtail, contain and defeat insurgencies, military and other such like armed local conflicts", Georgewill said.

He said that the challenges inherent in the fight against insurgencies, militancy and

armed local conflicts in Nigeria, had led to allegation of noncompliance with human rights obligations by the Nigeria Army.

According to him, only a bold step by the Federal Government, to ascertain the veracity of the allegations, could assuage both the Nigerian public and the international community.

"The Federal Government of Nigeria has thus risen to the occasion, and taken the very bold step to consider and inaugurate this Presidential Investigation Panel.

"In line with our assurance and pledge to carry out a thorough and diligent work within the scope of our mandate, the Panel has since its inauguration sent out, as well as published in some National Dailies and other Electronic Media, a call for Memoranda from members of the public, State Governments, Traditional Rulers, Community leaders, Non-Governmental Organisations (NGOs), Civil Society Organisations (CSOs), Human Rights Groups and other Stakeholders.

Georgewill said that, the Panel had received memoranda from across the country, adding that the it would sit in each of the six geopolitical zones.

"It is gratifying to inform you all that, the Panel has been receiving momoranda from across the country and we have planned to hold public hearings in each of the six geopolitical zones of the country on selected dates and centres.

The panel which has already concluded cases of Right Abuses for the South-South Zone in Port Harcourt, however, considered some cases in its Lagos sitting.

One of the cases was that of a Sergeant with the Nigerian Army, who killed an okada rider by viciously kicking him in the stomach.

The brother of the deceased, Salihu Mohammad, recounted how his late brother Abubakar Alhaji, died a day after he was brutalised by one Sergeant Taiwo Owoeye of the Nigerian Army.

While being led in evidence by a representative of the National Human Rights Commission, Mohammed told the Panel that the incident happened on January 27 this year.

"According to what I gathered, my late brother picked up a passenger on his motorcycle around Morrocco in Yaba.

"He parked his motorcycle behind a stationary car, not knowing that there was someone in the car. Suddenly, the car reversed, and my brother hit the body of the car in order to notify the occupant that there was someone behind him.

"Sergeant Taiwo Owoeye angrily got down from his car, and slapped my brother twice. He thereafter, proceeded to kick him several times in the stomach.

"When onlookers challenged him, he said that there was nothing anybody could do even if my brother dies.

"My brother thereafter, became unconscious, and we had to rush him to the military hospital. By that time, he had started vomiting blood and other things. He could not talk.

"He sadly died the next day. We reported the matter at the Panti Police Station, where they declined to give us a police report.

"My brother's body was not released to us for burial, until after four months. When we inquired about the reason for the delay, we were told that the Army was trying to conduct an autopsy", Mohammed said.

Speaking at the end of the two-day sittings in Lagos, Justice Georgewill said that the Panel will come up with unbiased recommendations, that will be presented to the Federal Government.

He said that the commitment of the Panel, was for the peace and unity of the country.

“It has been an interesting time which ended peacefully in Lagos, and we thank the military for their cooperation.

He said that the Panel would proceed to Abuja for its final sitting, where cases which were not heard from any part of the country, would also be entertained.