• Victims, families share tales of pains and military cover-ups
For months that chaos and anarchy reigned in Imo State, unprecedented police and military brutalities that led to alleged extrajudicial killings of unarmed citizens were reported. TESSY IGOMU was in Owerri to trace victims of such human rights violations. In the concluding part of her story, she documents, through an on-the-ground reporting, interviews with families of victims, eyewitnesses, videos and pictures, evidence laced with tales of anguish, trauma and despondency
Killed in Orji area
On May 25, Matthew Opara alighted from a bus in Orji, unaware that the Orji Divisional Police Headquarters in the Owerri North Local Government Area was attacked and burnt by unknown gunmen.
Based on eyewitness accounts, the deceased and some others were allegedly shot by soldiers quite a distance from the police facility and hours after the attack.
It was learnt that the deceased, a dealer in aluminum fittings, was returning from where he went to submit a business proposal, and had stopped at Orji to drop another one before heading home.
Ikenna Ezeanaya, who was with him at the time of the incident, told PUNCHInvestigations that as soon as Mathew alighted from a commercial bus, a military armoured vehicle and four Hilux trucks loaded with soldiers drove into the area.
He said,“The soldiers started shooting and people ran in various directions. Matthew was shot in the back and in the chest by a soldier. He fell down bleeding. He was administered first aid by those around. It was not possible to take him to the hospital because the soldiers were still on the rampage.”
Ezeanaya said when the area became calm, Matthew was rushed to the Ikeduru Hospital, where he died minutes later.
‘Army refused to act’
Chris Opara, elder brother to the deceased, wondered why Mathew, a promising young man, should be cut down in his prime without any provocation.
He told our correspondent that after depositing his corpse in a mortuary in his hometown, Inyishi, in the Ikeduru Local Government Area, he reported the incident at the Imo State Police Command, but was told by the former spokesperson, Mr Bala Elkana, that the police lacked the jurisdiction to investigate the Nigerian Army.
Chris later met with and reported the incident to the Public Relations Officer of the 34 Field Artillery Brigade, Obinze, Lieutenant Colonel Babatunde Zubairu, after exchanging a series of messages via Whatsapp.
The messages were made available to PUNCHInvestigations.
Chris said the army spokesman apologised for his brother’s death and promised to report the matter to a higher authority.
“Some days later, I went back to see if the case had been reported, but Col. Zubairu said he couldn’t report the matter. I quietly left because I am the only surviving son in my family. I have not heard from the government and the army till now,” he said.
Chris wrote a petition through his lawyer to the Imo State Governor, Brigade Commander of 34 Field Artillery Brigade, Obinze and the Chief of Army Staff.
“I copied the Senate President and Speaker, House of Representatives through the two lawmakers representing Ikeduru Federal Constituency, but I have not heard anything. It is a terrible situation in this country that lives could be cut short with impunity and nothing will happen,” he lamented.
Shot without provocation
Sweating profusely in a stuffy apartment that housed him and his family, the bulky man, who introduced himself as a truck driver, warmly welcomed our correspondent.
Revealing scars that ran through the upper part of his back, he said they were points where bullets grazed through the day he was allegedly shot at by soldiers.
The man, who craved anonymity for fear of being hunted down, claimed he narrowly escaped being killed by soldiers on May 28 at Naze Junction in Owerri.
He claimed the attack on him was unprovoked.
“I went to supply building materials with my truck close to the Federal Polytechnic, Nekede. When I got close to the checkpoint by Naze Junction, the soldiers started shooting directly at my truck. They were men of the Nigeria Air Force. My vehicle was shattered but I didn’t stop. I have spent over N100, 000 on treatment alone. I have left the matter to God,” he said.
Many others
Several cases of extrajudicial killings were documented in the wake of the violence that marred the Imo State landscape.
One of them was Divine Nwaneri, who was allegedly killed by soldiers keeping guard in front of the Imo State Government House on Thursday, June 20.
Similarly, during a gun duel between joint security operatives and unknown gunmen in the state, an officer of the Nigeria Security and Civil Defence Corps, Glory Nkwocha, was killed by a stray bullet on May 8 at her house.
Also, Mrs Chikaodi Ofoegbu, a mother of four, was hit by a stray bullet from one of the guns of soldiers jubilating at a military checkpoint in Eziama-Obiato on the Onitsha-Owerri Expressway. The incident took place on April 22.
On May 31, Nigeria Air Force personnel at the tollgate of the Sam Mbakwe International Cargo Airport, Owerri, allegedly killed a Germany-based Nigerian, Oguchi Unachukwu, in the presence of his wife and children. His wife, Ijeoma said he was killed without provocation.
Some sources alleged widespread killings of innocent people, who were branded IPOB or Eastern Security Network members, and whose families are not even aware of their deaths.
Illegal arrests prevalent
Based on reports, 106 youths were randomly arrested and detained at the Owerri Correctional Centre on the allegation that they were planning to overthrow the governments of the President, Major General Muhammadu Buhari (retd.) and the state governor, Hope Uzodimma.
The Archbishop of the Catholic Archdiocese of Owerri, Most Reverend Anthony Obinna, who confirmed the illegal detention of the youths in a statement, insisted that extrajudicial killings and rights abuses must be stopped.
Speaking exclusively to PUNCHInvestigations, Archbishop Obinna, condemned in strong terms, the indiscriminate arrest and killings of citizens
The cleric said there was a need for peace and normalcy to return to the state, and for people to live without fears of being killed in broad daylight and at night by both officially and unofficially armed men.
When black becomes a crime for police
Aside from the army, the police were also accused of being complicit in rights abuses by carrying out indiscriminate arrests and clamping innocent persons into detention.
A source told our correspondent that young men no longer wear black clothes for fear of being branded IPOB or ESN members.
According to the young man who took up the dual role of a source and guide (name withheld), putting on black trousers or jeans with a black top was an invitation to be killed or arrested by the police.
He alleged that those arrested for such spurious charges were made to part with huge amounts of money before being released.
Such illegal arrests and other rights abuses, PUNCHInvestigations learnt had turned Owerri once known as the hub of entertainment and hospitality into a ghost town.
Our correspondent noticed that once it is 7pm, streets become deserted and the city goes to sleep.
Endemic human rights violation
These recent extrajudicial killings and human rights abuses have added to a litany of abuse allegations that have dogged the Nigerian security forces for long, especially the Nigerian Army.
According to a report by the Human Rights Watch, there has been little progress on accountability for security forces abuses.
Despite the pictorial and video evidences detailing rights abuses by the Nigerian Army, the majority of the personnel involved are never prosecuted or punished for their crimes.
#EndSARS and Oyigbo extrajudicial killings
On Tuesday, October 20, 2020, in the wake of the #EndSARS protests, men of the Nigerian Army stormed the Lekki Toll Gate in Lagos.
Based on eyewitness accounts, they came in three Toyota Hilux vans and shot unarmed, peaceful civilians protesting against police brutality, especially the activities of the Special Anti-Robbery Squad (SARS).
Despite overwhelming evidence presented by victims and eyewitnesses before the Lagos judicial panel of enquiry, the Nigerian Army denied firing at protesters or killing anyone. The denials were followed by bulk passing with the Lagos State governor.
In November 2020, under the pretext of fishing out IPOB members that allegedly murdered security personnel and to recover stolen ammunition, the army deployed troops to Oyigbo community in Rivers State.
With a 24-hour curfew in force, defenceless civilians were reportedly shot at and killed.
The army denied any wrongdoing, despite graphically detailed evidence that showed the brutality displayed with impunity.
Ending extrajudicial killings not insurmountable – Amnesty International
According to the Country Director, Amnesty International, Osai Ojigho, extrajudicial killings have been on the increase, noting that there have been more incident of police excesses and reports of ongoing violations across the country.
She lamented that those accused of extrajudicial executions were never brought to book.
In a report titled, ‘Killing at Will: Extrajudicial Executions and Other Unlawful Killing by the Police in Nigeria’, Amnesty International stated that, “Nigeria Police Force is responsible for hundreds of extrajudicial executions, other unlawful killings and enforced disappearances every year.
“The majority of cases go uninvestigated and unpunished. The families of the victims usually have no recourse to justice or redress. Many do not even get to find out what exactly happened to their loved ones.”
The organisation noted that the Nigerian government had repeatedly expressed willingness to address the problems in the criminal justice system, improve access to justice and reform the NPF.
“Despite several review panels in recent years, which presented detailed recommendations for improvement, little has been done. A review of the Police Act (1990) began in 2004, but the draft bill has been pending since October 2006. Laws, regulations and codes of conduct to protect human rights are not enforced.
“The difficulties of ending extrajudicial executions and other unlawful killings in Nigeria are considerable, but not insurmountable. Any plan to address the situation must focus on establishing a culture of respect for human rights within the NPF; it must ensure that victims and their families have access to justice, and put an end to impunity for police officers. This is the only way to guarantee that changes to the law are effective,” it stated.
Address extrajudicial killings objectively – CDHR
Israel Joe of the Committee for the Defence of Human Rights, Delta State, said the court remains the final hope for the common man, but that justice had become elusive in Nigeria.
He said victims of extrajudicial killings and their families should seek redress in court using recognised human rights organisations to ensure that justice is served, no matter how long it takes.
He urged the government to create an interface committee between the people and security agencies to ensure that justice and equity is achieved.
He said, “The committee should have senior officers of various security agencies, rights activists, civilians and religious leaders as members. They will be expected to address issues objectively, ensure transparent investigations and ensure victims get justice.
“Extrajudicial killing and rights abuses are mainly committed by junior police and army officers, and it can only be stopped if punishment and sanctions are deterrent enough.”
Deadlocked Judicial system – Human rights lawyer
As of November 2020, following the #EndSARS protest, 26 states had set up judicial panels of inquiry to investigate cases of alleged violations of human rights by SARS and other units of the police.
The states are Lagos, Delta, Adamawa, Kwara, Katsina, Taraba, Bauchi, Osun, Kogi, Ekiti, Ogun, Ondo, Edo, Bayelsa, Rivers, Ebonyi, Anambra, Gombe, Plateau, Nasarawa, Imo, Enugu, Benue, Imo, Cross River and Akwa Ibom.
A human rights lawyer, Liborous Oshiomah, said prosecuting cases of extrajudicial killing depended majorly on availability of strong evidence, and that there is no limitation to when a person can institute action.
He, however, noted that the standard of proof required in Nigerian courts is high.
“The case of Nigeria is a very sad one. The onus of proof is on the one who alleges. For cases of extrajudicial killings, there is need to establish the fact that these persons were summarily killed by state actors, without resort to the process of judicial adjudication.
“Usually, it is not always that easy to prove and then because of the nature of our criminal justice system that is almost purely state-owned. Even though we tend to say the court is the last hope of the common man, if these killings are carried out by those in power under the guise of security, then, to get justice in our court system will be a tall order.
“In most cases, most lawyers have had to resort to the National Human Rights Commission to investigate such cases, especially when they are blown open by the media under section 22 of the constitution, which holds the government accountable. So depending on the mindset of the NHRC, such cases are investigated and it then becomes easy to have overwhelming evidence to establish extrajudicial killing in court.
“We can say the will of justice grinds slowly, but we also forget that justice delayed is justice denied. It doesn’t mean you can’t get justice in court, it depends on the technicality of the case.’’
Speaking on the #EndSARS incident, the lawyer said the government told families to provide the bodies of those allegedly killed but that it was impossible because soldiers who allegedly took away the bodies, deposited them in undisclosed morgues.
Continuing, he said, ‘’Eyewitnesses will give you accounts, but when push comes to shove, they are unwilling to testify out of fear. So if you are unable to prove that killings were done by state actors, the case becomes dead on arrival and struck out due to lack of diligent prosecution.
“We have to find a way of insulating the police system from becoming an apron string of the existing government. So the police become to a very large extent, independent and have an enforcement and monitoring unit that will be in charge of discipline. So any policeman or security agent that crosses the line, the instrumentality of the force will be activated to ensure that such persons are dealt with in compliance with the provisions of the law. Once that happens, it becomes easy for such cases to be handled, people investigated and punishment meted out appropriately. Otherwise, we can go to court, pursue these cases and at some point get frustrated. Even lawyers are scared in some cases.”
Victims can seek redress – Reps member
Chairman, House of Representatives Committee on Army, Abdulrazak Namdas, said victims of human rights abuses and extrajudicial killings had the right to seek redress in court with evidence.
He said victims and family members should report and sustain the fight to get justice in an organised manner.
Speaking exclusively to PUNCH Investigations, he noted that the country was already saturated with security challenges and that adding “extrajudicial killing to it will expand the scope of the crises.”
He said, “Naturally, such people can take their matters to the government. However, if no individual is arrested for the crime, then there is nothing to seek redress for. Anywhere extrajudicial killing is perpetrated, families should approach the security agency involved and from there, meet the government. The legislature can get involved and if there is no law made regarding extrajudicial killing, we can then take it up. The legislature has to do more in this regard. We have to look at this issue critically.
“Families should be compensated, whether the victim committed an offence or not. Once there is evidence to show that a security officer participated in extrajudicial killing, the person can be prosecuted. Presently being reviewed to be included in the Police Act is that evidence admissible in such matters should include video recordings, not only statements.
Police more of victim than aggressor – Imo CP
The Imo State Commissioner of Police, Abutu Yaro, while reacting to allegations made against policemen in the state, claimed police officers were majorly victims of extrajudicial killings in the state.
“Policemen were killed in their homes, offices and some were beheaded. We are still burying our dead. We are the victims of this whole massacre,” he added.
Military police reacts
Responding to the alleged killing of Noel Chigbu by soldiers attached to the 34 Artillery Brigade, Major Sunny Krigbode, who heads the military police, denied any knowledge of the case.
He reacted angrily when asked if he had got back to Noel’s family as promised.
He said, “I don’t know anything about that! Who gave you my number? What is my business with your PUNCH? See, you, let me tell you point blank, I am not a policeman, I am a military police and my investigation has nothing to do with the family.
“I don’t have business with the family. I hold the army a duty to investigate the case. Tell that to whoever gave you my number to call me. If you want to see me, book an appointment with the brigade commander.
“I have nothing to do with you. It’s only the army that I owe explanation. If the army says that I should investigate, I will investigate. I am investigating a case and don’t think I have the right to speak. It’s under investigation and it’s under investigation.”
Nigerian Army speaks
The Director, Defence Information, Major General Benjamin Sawyerr, denied any soldier’s involvement in extrajudicial killing.
He said as a Major in the Nigerian Army, he could boldly state that the military doesn’t carry out extrajudicial killings.
“This is our army, created to protect the territorial integrity of the nation, people and property. How will that same institution or organisation, professionally trained, carry out extrajudicial killing? We don’t carry out extrajudicial killing on any citizen, anywhere. It is not true.
“When you go into combat or an operation and in the process of carrying out your operations, you see people responding to your rules of engagement in a way that you will have to defend yourself and in the instance that you have deaths occurring, it can’t be classified as extrajudicial killings. These are actions that happen in combat. Extrajudicial killing is when someone is arrested and without trial is executed.’’
When told that in most of the cases, the soldiers allegedly opened fire on innocent motorists and bystanders, he said, “No! Soldiers don’t open fire on innocent bystanders. It is not possible. We are trained from day one on laws of armed conflict and international humanitarian law. No soldier will enter into any place and start firing.”
A text message was sent to the Director of Army Information, General Onyema Nwachukwu.
In the message, our correspondent sought to know what the army had done in respect to cases of alleged extrajudicial killings by soldiers in Imo State, and its stand on violation of human rights.
No response was received from him as of the time of filing this report.
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