Abuja based lawyer, Abubakar Yahaya Ndakene has written to the Attorney General of the Federation, Abubakar Malami, SAN, calling on him to address human rights violations by security agencies amid the coronavirus pandemic lockdown.

In the letter Mr. Ndakene said that the use of excessive force on citizens by law enforcement agencies in a bid to ensure compliance with stay home order has led to adverse consequences.

The letter, which was made available to the media, is reproduced hereinunder:

The Honourable Attorney General of the Federation and Minister for Justice, Federal Ministry of Justice, Maitama, Abuja. 

Dear sir, 

RE: COVID 19 REGULATIONS, 2020 AND COVID 19 REGULATIONS NO. 2, 2020 

The above subject matter refers. 

1. By virtue of the power conferred on the President of the Federal Republic of Nigeria to make Regulations under the Quarantine Act, CAP Q2, Laws of the Federation of Nigeria, 2004, the President of Nigeria, President Muhammadu Buhari made COVID 19 Regulations, 2020 and COVID 19 Regulations, No. 2 of 2020 which declared COVID 19 a dangerous infectious disease and for the cessation of movements in Lagos, FCT and Ogun States for 14 days and on the expiration of the first 14 days, made COVID 19 Regulation No. 2, 2020 extending the cessation of movement for a further period of 14 days. 

2. Consequent upon the said COVID 19 Regulations, officers of the Nigerian Police Force (NPF) are primarily charged and empowered to enforce the COVID 19 Regulations, together with other security forces. 

3. In the course of enforcement of these regulations there are a total of 18 Nigerians that have lost their lives and recorded by the National Human Rright Commission (NHRC), not from the COVID-19 virus but from violation of human right, use of excessive and unreasonable force. This fact is confirmed by the NHRC and was published on BBC online News of 16th April, 2020 captioned “Coronavirus: Security forces kill more Nigerians than Covid-19” on <https://www.bbc.com/news/world-africa-52317196>, visited on the 18th April, 2020 and a host of other online news outlets.

4. By the NHRC Press Release of 14th April, 2020, officers of the Nigeria police Force accounted for about 90% of the total cases of violations followed by security agencies and other non-state actors. A copy of the NHRC Press release of 14th April, 2020 uploaded on the 15th April, 2020 (NHRC Press release) evidencing this fact obtained online via the link <https://www.nigeriarights.gov.ng/nhrc media/press-release/100-national-human-rights-commission-press release-on-covid-19-enforcement-so-far-report-on-incidents-of violation-of-human-rights.html> is attached for your consideration. Perhaps this was due to the timing of the lockdown and probably inadequate time to hold any purposeful training or pre-induction orientation programme for Law enforcement agents who are involved in the enforcement of COVID-19 regulations. The enforcers solely handle the lock down violations in time of pandemic like the present COVID-19 case, in no different tact from curfew imposed lock down, resulting from civil unrest, riot or breach of public peace of whatever magnitude and this calls for great concern.

6. By the said NHRC Press release of 14th April, 2020, which is the latest before the writing of this letter, the various human rights violations recorded during this COVID-19 Regulations period so far are as a result of excessive or disproportionate use of force, abuse of power, corruption and none adherence to international and national human rights laws and best practices by law enforcement agents.

7. Apart from deaths, some other types of violations recorded within the period 90% of which is attributed to the officers of the Nigeria Police Force, there are 33 incidents of torture, inhumane and degrading treatment, 27 incidents of violation of right to freedom of movement, unlawful arrest and detention, 19 incidents of seizure/confiscation of properties, 13 incidents of extortion, 4 incidents of SGBV, and 1 incident of discrimination in the 

8. Out of all these cases, NHRC Press release stated that 31 incidents of violations representing about a poor percentage of 29% of the complaints have been resolved by different security agencies and more violations have been published online after then, even on the Twitter page of the “Nigeria Police Force” (@PoliceNG) (visited on the 18th and 19th April, 2020) where the Inspector General of police condemned the act of the Police officers in the video attached to the pinned Tweet involving a woman that was being beaten by officers of the Nigeria Police Force, describing their conduct as unwarranted, unnecessary and unjustifiable, and by implication, a clear indication of excessive or disproportionate use of force, and abuse of power. A screen shot of the said caption is attached and can be found on the twitter handle of the Nigeria police Force

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9. That there are several incidents of violations of rights by Law Enforcement agents, particularly officers of the Nigeria police Force and it has become imperative and as a civic duty to write this letter to proffer urgent recommendations to ease the enforcement amid the economic situation of the country and other factors. Our recommendation also relate to the activities of Mobile courts or designated courts in Lagos, FCT and Ogun state for trying COVID-19 violations.

10. I have also been called upon by a person who has an incident of domestic violence to assist in Police station or any relevant authority, but cannot do so because legal services have not, strictly speaking, been declared an essential service and as such there is no ground for movement in town by any legal practitioner on that account; more so that the circular of the Chief Justice of Nigeria dated the 23rd March, 2020 REF NO. NJC/CIR/HOC/11/631 mentions that only cases that are “urgent, essential or time bound” can be heard in courts now, but legal services have not yet been declared an essential service to warrant movement of lawyers to go about this services accordingly.

Sir, you will agree with me that, no matter how urgent, essential or time bound a case may be, there are usually stages to filing cases before a court of law which includes client interview, brief findings or investigations to ascertain certain facts, visitation of subject matter of the suit, etc. It is pertinent to state here that some African countries have declared legal services as one of the essential services and it is noteworthy that legal practitioners are ethically responsible and must observe the etiquette of COVID-19 pandemic in their Law Firms or Courtrooms if exempted from the sit-at-home order. Essential service could therefore be extended to include “legal services” just as was done in Kenya, as this will go a long way to assist in the defence of the cases of human right violations, domestic violence, etc, without fear of being accosted for violating laid down Regulations on grounds that legal services is not, strictly speaking, listed as an essential service. 

Finally, as a law abiding citizen, I deem it fit to write this exalted office to the President of the Federal Republic of Nigeria, highlighting the need to exempt Legal services from the lockdown and be listed as part of “essential services”. This will contain the rising cases of incidents of domestic violence and violations of rights, etc. This is because citizens whose rights are violated during the lockdown may naturally consult a Legal Practitioner or some Legal Practitioners, one of whom I am, may take up the cases, even pro bono on behalf of the victims where the matter is beyond the jurisdiction of the mobile courts. Honourable Attorney General sir, it is trite that the decisions of the mobile courts are not final and as such appealable. Meanwhile, where a citizen decides to appeal a mobile courts decision and needs a legal practitioner to do so, he cannot do so due to the lockdown.

12. Additionally, it is believed and advisable that the Federal Government could task the clinical researchers and other medical practitioners to look into the possibility of having a home-grown cure or vaccine for the dreaded disease. Nigeria has the capacity to launch a properly coordinated research for the cure or vaccine for COVID-19 as is happening presently in many countries in the world. On the other hand, those who claimed to have the vaccine in Nigeria could be supported and encouraged to develop same to become a panacea globally. However, my prayers are with those that have lost their lives as a result of COVID-19, particularly the recent one involving the Chief of Staff to the President, Mal. Abba Ķyari, may their souls rest in peace. May God almighty also heal the world of this pandemic. 

CONCLUSION 

I am confident sir that should this Committee be implemented, and these recommendations activated in full, Nigerians are certain of a massive reduction in the cases aforementioned. Asides this, we encourage that more vibrant preventive measures to forestall further abuse of human rights and violation of dignity of Nigerians be put in place, while the ones that have already been carried out can be investigated thoroughly. As at 17th April, 2020 from the NHRC Press release available on the NHRC website, only a poor percentage of 29% of total violations have been resolved, i.e. 31 incidents of violations representing about 29% of the complaints have been resolved by different security agencies and more violations have been published online after this press release like the Pinned Tweet on the Twitter Handle of the Nigeria police Force with the video. 1, at the same time must commend the general activities of Law Enforcement Agencies, the Task Force on enforcement of COVID 19 Regulations, the Medical workers and all essential service providers for their respective roles during this period and pray that God see Nigeria successfully through this worrisome time. I must commend the Inspector General of Police for the steps taken so far to penalize erring Police officers but a more stringent measure must be put in place to forestall further occurrence of such incidents, hence the need for this letter. 

RECOMMENDATIONS

In view of the above, I respectfully recommend that as the Chief Law Officer of Nigeria, you should use your good office to: 

a. Form an urgent Committee within your esteemed office and comprising the Executive Secretary of the National Human Rights Commission, Inspector General of Police or designated officers from offices of the Inspector General of Police, and all other Security agencies involved in the enforcement of the COVID-19 regulations or designated officers from their offices, including the Armed Forces of Nigeria as the case may be.

b. Task the Committee to draw up a comprehensive Human Right friendly Guidelines for Security Agencies involved in the enforcement of COVID-19 regulations guided by the provisions of Section 5 (1) (a) and (b) of the Constitution of the federal Republic of Nigeria, 1999 (as amended) and Section 5 (g), (h) and (j) of the National Human Rights Commission Act for the involvement of National Human Rights Commission in such Committee.

C. Ensure that some of these officers violating Human rights of Nigerians, who have been arrested and probably dealt with, not only by dismissal, but be made to face the full wrath of the law where it involves violence against persons, under the Violence against Persons (Prohibition) Act, 2015. d. Ensure that other relevant penal laws are also activated to prosecute these erring officers to deter future actions of that nature and to instill more confidence in the system

e. Make provision for a legal practitioner from Legal Aid Council to be stationed at every Mobile court set up to try СOVID-19 cases to offer on-the-spot free Legal representation for deserving cases pursuant to Section 8 (7) of the LEGAL AID ACT CAP L9, LAWS OF THE FEDERATION OF NIGERIA, 2004 (AS AMENDED).

f. Assist in conveying and convincing the President of the Federal Republic of Nigeria on the need to include Legal Services to form part of the meaning of essential services under the COVID-19 Regulations..

g. Assist in any other additional role that may be necessary to cater for further incidents of human Rights violation during COVID 19 regulations. 

h. Interface with the Honourable Minister of Health and the Director General Nigeria Centre for Disease Control to develop a vaccine or cure for COVID-19 in Nigeria. 

I sincerely hope that this letter is given the urgent attention it deserves. Thank you sir. 

Yours faithfully, 

Abubakar Yahaya Ndakene Esq. 

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