HURIWA Writes To World Leaders; Seeks End To Sectarian Killings In Nigeria
The Frontline Non-governmentalorganisation - HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA (HURIWA ) has today officially written to World leaders through their Embassies in Abuja Nigeria to ask for immediate global intervention to put an end to the spectres of sectarian killings before they cumulatively spiralled to a civil war in Nigeria.
In a letter endorsed by the National Coordinator Comrade Emmanuel Onwubiko HURIWA particularly mentioned the widespread attacks of farming communities by armed Fulani herdsmen and the total lack of action by President Muhammadu Buhari to arrest the perpetrators; Prosecute and punish them sternly for mass murders and to effectively put an end to the orgies of killings.
HURIWA also told the World Leaders that President Muhammadu Buhari has persistently neglected the Constitutionally guaranteed Federal Character Principles in the appointments of top Defence and Police Chiefs.
The group asserted that the skewed top defence appointments have thereby favoured only the Hausa/Fulani Moslems and created a national sense of panic and apprehension by the rest of the other significant Christian segments of the society who constructively feel that they are targeted for elimination by armed Islamists following several instances of sectarian slaughter of Christians in Kano; Niger and the Federal Capital Territory.
The group said the decision to write the letter was because the Nigerian government has persistently failed to take concrete and fool proof military action to decisively confront the ever mobile armed Fulani terrorists. It stated her readiness to file a petition before the International Criminal Court if after 21 days the Muhammadu Buhari’s administration still refuses to effectively go after the armed marauders.
The letter which was made available to the media is titled "UNLAWFUL HOMICIDE UNDER NIGERIAN LAWS AND THE OBLIGATION OF THE NIGERIAN STATE TO ENFORCE THE LAWS".
Excerpt from the letter are as follows: " Black’s Law Dictionary defines homicide as the killing of one person by another and criminal homicide as the act of purposely, knowingly, recklessly or negligently causing the death of another human being.
Section 33(1) and (2) of the Constitution of the Federal Republic of Nigeria (CFRN) 1999 guarantees the right to life but excludes unintentional killing, killing in execution of a sentence of court and killing from reasonable use of force in certain circumstances from being breach of the right. These provisions constitute the guiding principles for the law of homicide in Nigeria. Unlawful homicide is thus the breach of the right to life.
In effect, homicide is considered lawful in the following circumstances namely, execution of sentence, self-defence, defence of property, death by misadventure, death arising from lawful arrest or while preventing escape or during rescue after arrest, death caused during a suppression of riot.
The Nigerian laws on unlawful homicide are the Criminal Code, applicable in the Southern States and Penal Code, applicable in the Northern States.
The Crime of Unlawful Homicide in Nigeria
Under the Criminal Code, unlawful homicide may be murder, manslaughter, suicide or infanticide. Section 315, Criminal Code, provides that any person who unlawfully kills another is guilty of an offence which is called murder or manslaughter according to the circumstance of the case.
Section 316 of the Criminal Code defines murder as unlawfully killing of another from act done with intention to cause the death or grievous harm or doing of unlawful purpose likely to endanger life. Penalty for murder is death sentence as provided under Section 319 (1) of the Criminal Code but no death sentence for one under the age of 17 at the time of the commission of the offence as provided in Section 319(2), Criminal Code. However for a person to be liable for the act of killing, the death must occur within a year and a day of the act causing it as stated under Section 314 of the Criminal Code.
The offence of murder is referred to as culpable homicide punishable with death under section 221 of the Penal Code. The offence is defined under section 220 of the Penal Code as causing death by doing act with intention of causing death or bodily injury likely to cause death or with knowledge that the act is likely to cause death or doing a rash or negligent act. It is punishable with death except the death is caused under the circumstances stated in Section 222 of the Penal Code which are provocation, self defence, good faith in doing public service, consent of deceased, maternal mental instability of a mother causing the death of her child under 12 months, or excusable rashness or negligence.
Under Section 317 of the Criminal Code, this second degree unlawful killing is manslaughter and it is punishable with life imprisonment under Section 325, Criminal Code. Section 224 of the Penal Code Culpable, culpable homicide not punishable with death is punishable with life imprisonment or any less term or with fine or both.
Although by Section 307 of the Criminal Code, a child becomes capable of being killed when it has completely proceeded from the mother, omission or act resulting in death of child before or during birth is killing of that child under section 308, Criminal Code. Killing of an unborn child under Section 328, Criminal Code, is liable to life imprisonment. However by Section 235 Penal Code, causing death of unborn child attracts 14 years or fine or both. Under S.327A Criminal Code, infanticide or killing of child under 12 months by mother under maternal mental instability is manslaughter.
Aiding suicide under section 326 Criminal Code attracts life imprisonment but Section 227 of the Penal Code provides for imprisonment which may extend to 10 years for aiding suicide and death penalty for abetting suicide of person less than 18, insane person, delirious person, idiot, intoxicated person.
A child of 7 years is presumed to be incapable of crime and under 12 a mischievous discretion has to clearly proved.
The Obligation of the Nigerian State in Enforcement of these Laws
The term ‘enforcement’ is the act of putting something such as a law into effect of the execution of a law or the carrying out of a mandate or command. Enforcement also refers to the act of causing the decision of a court or tribunal to take effect or to compel obedience to it.
The duty of the Nigerian State to enforce these laws begins right in the Constitution which provides under section 13 that it shall be the duty and responsibility of all organs of government, and of all authorities and persons, exercising legislative, executive or judicial powers, to conform, to observe and apply the provisions of this Chapter of the Constitution more so that Sections 14(1) and 17(1) of the Chapter of Constitution declare Nigeria to be State based on the principles of democracy and social justice and enjoins the State to ensure the independence, impartiality and integrity of courts as a veritable instrument of social justice in the enforcement of laws.
The Nigerian State is equally mandated by Section 4 of the Police Act, to employ the Police in the prevention and detection of crime, the apprehension of offenders, the preservation of law and order, the protection of life and property and the due enforcement of all laws and regulations with which they are directly charged and what could be more criminal and offensive that the most heinous crime of unlawful
killing.
Law enforcement officials, therefore, have an important role to play in the prevention of the offence and prosecution of alleged offenders in the event of the breach of the laws of unlawful homicide.
At the same time however, they have to maintain a balance between enforcement of the laws as such and non-interference with the rights of innocent citizens that may constitute breach.
Sir we have taken the pains to comprehensively present to your good offices the legal frameworks that ought to be operational in Nigeria to punish the crimes of mass murder including the brutal killing of protesters by security forces such as the incidents involving the unarmed protesters in support of the Indigenous People of Biafra (IPOB) in Onitsha and other parts of Southern Nigeria few weeks back in which over 60 young persons were killed by armed security forces.
Amnesty International has indicted the security forces and other security agencies like the Nigeria Police Force of extra-judicial killing of 50 unarmed members of the Indigenous People of Biafra (IPOB) and Movement for the Actualization of the Sovereign State of Biafra (MASSOB) while marking the anniversary of the heroes of the defunct Biafra in Anambra State last May.
But in a quick reaction, the army in the South East of Nigeria denied the allegation of extra-judicial killing, pointing out that their personnel acted in line with global best practices and utmost restraint while members of the IPOB and MASSOB resorted to the use of dangerous and crude cocktails leading to the death of two policemen and causing injury to soldiers and policemen alike. IPOB denied these allegations stridently and Amnesty International has already called for independent inquiry. Our organization is working to promote human rights within the Army and so when this incident occurred we asked the hierarchy of the Nigerian Army which has recently set up a human rights department to use internal mechanisms to ascertain the veracity of the claims of violations of rights to life of the civilian protesters and to take measures to penalize offenders.
Amnesty International in a release said that it conducted an on-the-ground investigation, which confirmed that the Nigerian army gunned down unarmed people ahead of last May 2016 pro-Biafran commemoration events in Onitsha, Anambra state.
According to the human rights watchdog, evidence gathered from eyewitnesses, morgues and hospitals confirmed that between 29-30 May 2016, the Nigerian military opened fire on members of the Indigenous people of Biafra (IPOB), supporters and bystanders at three locations in the town.
You may also have read on regular bases the incessant killings of farmers by suspected armed Fulani herdsmen and the lack of committed response on the part of the Federal Government to implement and enforce the relevant Nigerian laws against these wanton killings.
The latest is the killing by suspected Fulani herdsmen of a First class Traditional Ruler in a Christian Community in Plateau State, the Saf Ron Kulere, and Chairman of Bokkos Traditional Rulers’ Council, Sir Lazarus Agai and the sad incident that happened Yesterday leading to the unnecessary shooting to death by armed security Forces of unarmed Protesters in Plateau State where about three people were said to have lost their lives and a 24 hour curfew imposed on the state as a result.
Sir you are also aware of the cases of beheading and massacre of Christian Women in Kano and Abuja by Islamic extremists and the failure of government to stop these crimes from spreading.
We hereby appeal to your good self and offices to intervene and urge the Nigerian State under the current dispensation to carry out her constitutional obligations by preventing these crimes from spreading, stop the mass killings, arrest the perpetrators and prosecute them with professional efficiency and/or for your home government to demand accountability and respect for human rights which are some of the basic democratic credentials that necessitated the current sound diplomatic relations between your government and the government of Nigeria.
Your government is obliged as a member of the United Nations Human Rights Council to demand that the Nigerian State take concrete measures to punish perpetrators of sectarian killings which have become widespread and which has resulted in the widening apprehension and anxieties amongst Christians who feel that the government which is currently controlled by a Moslem and with all the major security and defence positions manned by Moslem appointees of President Muhammadu Buhari that the Christians are no longer safe in some parts of Nigeria.
Sir we know that your home government provides technical and funding assistance for the training of Nigerian Security Forces and this fact makes it imperative that your home government must take practical diplomatic measures to ensure that democracy is not undermined in Nigeria and to demand an end to the specters of killings in Nigeria".