book on human rights related conflict
TRANSCRIPT
Human Rights,
Related Conflicts
&
State Security
In Nigeria
1999-2006
B y Joseph Adeyemi Sangosanya
First Published in July, 2006
Christian Foundation for Social Justice and Equity
Trust White House,
No. 34, West of Mines,
Off Kurra Road,
Near Hotel De-Cardamon,
P.O. Box 7533, Anglo-Jos,
Jos, Plateau State.
Nigeria.
E-mail: [email protected]
Copyright ©
Christian Foundation for Social Justice and Equity
(Equity Foundation) July, 2009.
All Rights Reserved
Whole or part of this publication may be reproduced if the
Publishers are quoted and acknowledged.
Printed in Nigeria by:
Seeds of Peace Production
Jos- Plateau State.
08036233551,07093083943
ISBN: 978-33483-8-8
■ Acknowledgement ■
his work has been made possible with the
assistance of the National Endowment for
Democracy (NED) who funded part of the
production. Our appreciation goes to Mr. Stephen
Rak who served as a Research Assistant during the
study; Mr. Benjamin Lwahas and Mr. Olajide
Afolabi of the Christian Foundation for Social
Justice and Equity, Jos, who painstakingly
proofread sections of the document at various
stages of its preparation and Miss Oluchi Godwin of
the same organization for typesetting the work.
We also thank Mr. Steve Aluko-Daniel, Zonal
Director of the Civil Liberties Organization, North
Central Zone, Jos and Prof. Dung Pam Sha of the
Department of Political Science, University of Jos
for their encouragement and valuable comments at
various phases of the study. In fact these
comments improved its quality. We however take
absolute responsibility for whatever inadequacies
that may be identified in the study.
■ Contents ■ Chapter One
Introduction
Chapter Two
Conceptual and Theoretical Framework (Correlation
between Conceptual, Human Rights and State Security)
Conflicts
Human Rights
State Security
Chapter Three
Zonal Accounts
North-East Zone
North-West Zone
North-Central Zone
South-West Zone
South-East Zone
South-South Zone
Chapter Four
Conflict and State Security
Chapter Five
State Security and Human Rights
Some threats to Internal Security and Human Rights
T
Chapter Six
What is to be done?
Strategies for curbing Conflicts
Strategies for promoting State Security
Strategies for promoting Human Rights
Chapter Seven
Conclusion
Bibliography
APPENDIX I
Fundamental Rights Section of the Nigerian
Constitution 1999
APPENDIX II
African Charter on Human and People’s Rights
APPENDIX III
United Nations Charter on Human Rights 1948
■ Chapter One ■
Introduction
Nigeria has existed as a federation since
independence in 1960. This federalism dated back
to 1954 under colonial power, it had hitherto been
administered largely as a unitary state, got
restructured into three quasi-self governing and
administered regions. This feature has continued
with regions/state being periodically split into
smaller ethnically more homogenous units. By
1999, the country had evolved from the centralized
authority of the pre-1954 period into a federation
of 36 states including the Federal Capital Territory,
Abuja.
The adoption of Federalism by Nigeria can be
ascribed largely to its diversity in terms of
geography, ethnicity and culture. With landmass
covering more than 900,000 sq km and over 250
ethnic groups; it possesses diverse social and
cultural values in distinct geographical and
ecological zones. Given such ethnic plurality as well
as cultural and regional diversity; the country could
hardly be governed efficiently and effectively as a
political unit by a centralized authority. Federalism
has, therefore, been generally accepted by
Nigerians as the most suitable political
arrangement that would allow the diverse
elements to retain some identity and at the same
time derive in the context of a united country,
benefits from the richness of resource and large
domestic market.
Thus in reality, this often translates into
competition and/or struggles between the powerful
and the weak, between the rich and the poor in
the context of the federating units as well as in the
sense of the socio-economic and class
configurations within the federation. In any plural
society, federalism is about equality and equity,
justice and fair play amongst both the constituent
units and the communal groups that make it. It is
also about special mobilization and utilization of
societal resources in a manner that facilitates
balanced growth and development. The operation
connotes constitutionalism, respect for rule of law
and responsive government. The Nigeria example
has been bedeviled with prolonged military rule, a
convoluted democratic tradition and heavy
dependence on a single revenue base. Through
these years, the center had become strong while
the federating units becoming weak. The polity has
been badly managed with little successes.
The greater the sense of equity, fairness and
justice in the functioning of the system, the more
the likelihood of stability, harmonious co-existence
and sustained growth within it. Similarly, the
stricter to the adherence to the rule of law and the
constitution in the exercise of powers, the greater
the sense of perception of justice and eventually
the less conflictual conduct of politics. Like a
recurring decimal, distrust gained high currency
among Nigeria’s federating units. The advent of
military rule, civil war, state creation, increase in
petro-naira, demands for desirable harmonization,
international trade and globalization gave rise to
this distrust, thus, by May 1999, the federation
was characterized by a very strong central
government, popular agitation for a more
decentralized structure, dissatisfaction with the
distribution of available resources, conflicts that
threaten state security and demands by some sub-
national groups for greater self determination.
Consolidating democracy in Nigeria entails the
existence of a modern state, which can respect
and protect the rights and ensure the security of
lives and properties of its citizens, while on their
part, the citizens must perform their constitutional
duties and obligations expected of them by the
state. The Nigerian federalism has thrown up
vexed issues like human rights, conflicts and
threats to state security which this work intends to
examine. The pursuance of basic and human rights
in the third and fourth republics accounts for the
sad state of affairs today.
This is not without the universality and embedded-
ness of conflict in social relations. This book,
though not exhaustive, is a modest contribution to
the debate and literature on these triple issues of
human rights, conflict and state security as they
among many related issues, threaten the corporate
existence of Nigeria. It is also a solution towards
the functional efficacy of our federation. In the
foregoing chapters, we theoretically correlate
conflict, human rights and state security, consider
some zonal accounts form the six geopolitical
zones, analyze the political economy of conflicts
and state security vis-à-vis human rights and state
security. Finally, a way forward is laid bare through
strategies that can curb conflicts, promote state
security and human rights.
■ Chapter Two ■
CONCEPTUAL AND THEORETICAL FRAMEWORK
INTRODUCTION
Conceptualization as an exercise of the nature
being undertaken in this book is crucially important
because of the multiplicity of the overarching
issues that must be brought into defining a way
forward to our socio-political debacles. It is a
known fact that we live in an age of conflicts. We
are increasingly confronted by the resurgence of
several conflicts that pose a mortal challenge to
the state in seeking to come to terms with the
phenomenon of the resurgence of these conflicts,
the political economy approach will be used.
Conceptually speaking, political economy can be
viewed from three stand points. First, it can be
viewed as totaling scientific model of analysis. And
second, as a the context within which socio-
economic retaliation takes place, and more
importantly, as the tool for understanding the
material production in societies and the
construction of social forces and classes (AINA,
1986:1).
Nigeria has existed as a federation since
independence in 1960. This federalism dated back
to 1954 when under colonial power, it had hitherto
been administered largely as a unitary state, got
restructured into three quasi-self governing and
administered regions. This feature has continued
with regions/states being periodically split into
smaller and ethnically more homogenous units. By
1999, the country had evolved from the centralized
authority of the pre-1954 period into a federation
of 36 states, including the Federal Capital
Territory, Abuja.
The adoption of federalism by Nigeria can be
ascribed largely to its diversity in terms of
geography, ethnicity and culture. With landmass
covering more than 900,000sq km and over 250
ethnic groups, it possesses diverse social and
cultural values in distinct geographical and
ecological zones. Given such ethnic plurality as well
as cultural and for us the political-economy
approach, integrative as it provides a ready tool for
a more concrete and deeper penetration of social
realities and phenomena. As a methodological tool
on the other hand, it assigns primary and material
(economic) factors as opposed to cognition which
depends on the former. Generally speaking, this
approach upholds that in any society such as
Nigeria, the economic factors are pre-eminent and
ultimately determine the essence and character of
other spheres of social existence and interaction
both in the area of politics, culture, religion etc.
that is not to say in anyway, that it denies the
influence and inpact of non-economic factors on
the economic base. In effect, our argument is that
if you understand how the economic system is
organized, as in the words of AKE: what the
material assets and constraints of a society are,
how the society produces goods to meet its
material needs, how goods are distributed and
what type of social relations arise from the
organization of production as well as the
relationship that exists between the State and its
citizens in Nigeria, we have come a long way to
understand the culture of that society, its laws, its
religious system, its political system and even its
mode of thought (AKE; 1981:1).
Political economy also sees society in a condition of
constant change, thus being propelled by conflicts
which results from the interdependence and
interconnectedness of various faces of our social
and material existence in which the various classes
play a role, the conflict being resolved either for
the better or worse which also being to bear the
role of the state either as a partial or neutral
arbiter in both guaranteeing of the citizen’s rights.
This method which proceeds from thesis to
antithesis and synthesis, that rejects unobservable
phenomenon but lays emphasis on social reality
and analyses contradictory elements of abundance
and misery, liberty and oppression, super
coordination and subordination class conflicts etc.
which represents in our view the most scientific
tool of analysis for penetrating the essence of
social phenomenon of which human rights and
conflict are apart (McCarthy, 1978:812).
Consequently, our analysis is informed by the
nature of socio-economic formations that existed
and still exist in Nigeria which emphasizes the role
of the State and its interaction with political and
economic factors, the character of polity which is
partial and the legal system that guarantee human
rights for all. The role of various social groups and
the interconnectedness and interdependent
character of our material and social existence,
economic order, politics, culture and the psychic
condition of the people shows that they are better
analyzed, understood and influenced if they are
clearly visualized as a comprehensive totality not
disjointed morsels of historical process (Eze,
1991:111).
Within the premise of the political economy
framework, we shall not be obsessed with the
conceptualization on theoretical insight relevant to
our understanding and analyzing social
phenomena.
CORRELATION BETWEEN CONFLICTS, HUMAN
RIGHTS AND STATE SECURITY
CONFLICT
Conflict connotes a wide variety of definitions and
it does exist at different levels of human existence
ranging from the individual to the groups or
nations. It is centered around situations involving
two or more parties that are engaged in
antagonistic positions, competition and/or struggle
to establish supremacy over the other. This stems
from mutually incompatible goals. It starts from
mere differences to disagreements, to opposition,
to antagonism, to hostilities and finally war. It is
also exploitative in politics, economic, social, ethnic
and cultural spheres of life. Conflict is a situation of
disharmony within an interaction process which
often occurs as a result of clash of interest
between contending groups involved in a form of
relationship (Sha & Sangosanya; 2005). The
Marxian interpretation of laws of change ties
conflict with societal process. That progress occurs
through conflict and struggle between opposing
forces. It is therefore see as a means to change. It
is the means by which social values of welfare,
justice, security and opportunities for personal
development can be achieved.
Conflict situations appear with frequency in daily
public and public life. These conflicts may be on a
small or large scale, they may occur within and
among groups, communities or nations, and they
may be triggered by ethnic, racial, religious
differences or arise from differences in values,
beliefs and attitudes regarding issues. Conflicts
often results from socio-economic, ethnic,
religious, cultural, social and gender differentiation
within the context of scarce resources and
struggles for their control by different groups
(Alemika: 2002:2). Conflict also occurs whenever
there is perceived divergence of interest or a
believe that the parties’ current aspirations cannot
be achieved simultaneously (Pruitt D.G. & Rubin
J.Z. 1984:4).
The struggle over values and claims of scarce
status, power and resources in which the aims of
the groups in conflict are to neutralize, injure or
eliminate their rivals is often referred to as conflict.
In the words of Herbert Kelman, ‘some degree of
conflict is an inevitable and often desirable process
in any social system… the problem is not to avoid
conflict but to prevent it from turning to mass
destruction (Kelman 1981:108). Conflict is also
viewed as arising over interest or over an issue or
scarce resources or even over perceived
deprivations (Tanko: 2002:295).
STAGES OF CONFLICT/CYCLE OF CONFLICT
TRANSFORMATION
Every conflict has a life span of different stages.
These stages are useful to understand at what
level conflict is with a view to assist in designing of
appropriate counter measures.
According to IDASA (Institute of Democracy in
South Africa) Toolkit on Analyzing Conflicts, the
normal lifespan of a conflict is seven stages named
the Conflict Progression Model. For practical
purposes, this model can be collapsed into four
stages called the Conflict Transformation Cycle.
This model sees conflict as a continuum that
comes from stages: a) conflict formation b) violent
conflict c) conflict transformation and d) social
change. The model shares similar values with
conflict progression model but only broke the
seven stages into four-conflict formations
(formative and escalation stages); and social
change. The conflict progression model as has
been noted above covers seven stages. What
follows is an explanation of the seven stages and
the interface or linkages between the progression
and the transformation cycle model.
1. Formative stage: Early Warning Signs (EWS)
occur but are often ignored and this leads to
changes in attitudes and behaviors.
2. Escalation stage: Sides are taken, positions
hardened, perception distorted, formation of
enemy images, resources committed,
inflammatory statements, threats, conflict
gets out of immediate environment and
action commenced.
3. Crisis stage: Conflict becomes physically
identifiable, expression of side-taking in
physical terms; discomfort for people
affected; breakdown of social structures and
collapse of social services.
4. De-escalation stage: Gradual decline in
conflict either due to fear of consequences;
weariness; hunger; effects of collapsed
social services; triumph or vanquish and
external intervention.
5. Improvement stage: Improved rational
behavior; better inclination for dialogue;
recognition of other party’s views and
concerns.
6. Transformation stage: Causes of conflict
removed, positive shifts in attitudes and
behavior; agreements and settlement
reached.
7. Social change: Has to do with peace
building. It must be noted that this moment
is vital and critical, if the transformation
stage collapses, then the conflict cycle
begins again. The challenge is to eradicate
all causes of conflict so that the conflict does
not recycle back to stage one.
At every stage of conflict analysis, there are certain
general and specific issues that are revealed. Some
of these issues include type, nature and structure
of conflict. The character of conflicting parties,
power and group dynamics, positives maintained
and interest promoted, needs, fears and concerns
of parties, causes, trend, sparks and triggers of
conflict. Perception maintained and behavior
exhibited and resources available are mobilized.
HUMAN RIGHTS
The concepts of human rights are traceable to the
idea which concerns natural laws which were
developed by Greek philosophers. It replaced the
concept of natural laws with the end of the Second
World War and the establishment of the United
Nations Organization in 1945 (Jabiu, et al 1981:1)
Human rights are the rights to life, personal
freedom, fair hearing, freedom of conscience,
peaceful assembly and association etc. which are
not given by the state. This is why the
performance of states in respect of human rights
are subjected to international evaluations.
Human rights are the rights to which people are
entitled to by virtue of their beings which have
been carried into several human rights
declarations. This include; Magna Carta (1215), the
Bill of Rights (1688), the American Declaration of
Independence (1776), the French (1789), the
Universal Declaration of Human Rights adopted by
the United Nations (1948), the Nigerian
Independence Constitution (1960), the African
Charter on Human and Peoples Rights (1981)
respectively (Enemuo, 1999:148). Nigeria is a
member of the United Nations Charter on Human
Rights (1948). She is also a signatory to the
African Union Human Rights and Peoples Rights
Charter (1981). On the basis of these two charters,
all government in Nigeria have the obligation to
enforce human and peoples rights and to uphold
the rule which all men or a clear majority of people
whose toil keep society alive and would prefer if
they had a choice. These include, life, love,
kindness, truth, justice or fairness, equality of
opportunity, security, instability, cooperation and
friendliness, dignity, non-exploitation, non-
subjugate to detrimental discrimination, freedom
and ability to make choices that can also make
peace i.e. freedom from other people’s aggression,
honest dealings, comfort, shelter, health,
happiness, strength against disabilities, opportunity
to work at least for sustenance, access to the
means of life i.e. command over resources needed
to sustain life or promote conflict or happiness.
The opportunity and ability to use one’s life,
enhancing the foregoing, advocacy and
organization and rebellion from the foregoing
values (Toyo: 2001:3-4). In his own contributions
to the human rights discourse, Obaseki observed
that “human rights have been variously described
as the right of man or fundamental freedom, they
are claimed ad asserted as those which should be
or of law. Where a government fails to pressure
these rights, and thereby ceases to serve the end
for which it was created or established, the people
have the right and duty to rebel against such a
government and even replace it as the case may
be. John Locke argued that: “obedience to
government is based on the fact that men join
together in civil societies and form government
only for one reason, the mutual preservation of
their lives, liberties and estates (Ebesten,
1968:389). Human rights according to Eskar Toyo
are “attributes sometimes stated to be those which
are largely recognized and protected to secure for
each individual, the fullest and freest development
of personality and spiritual, moral and other
independence. They are conceived as rights
inherent in individuals as rational free willing
creatures, neither conferred by some positive law
nor capable of being abridged or abrogated by
positive law (Obaseki, 1992:247)”.
Within the premise of our discussion so far, it can
thus be said that the recognition of the basis rights
of the citizen is one of the hallmarks of democracy
and good governance. This is also clear that
popular participation is meaningful only to the
extent that the citizens enjoys these rights. This
fact is buttressed by the guarantee of rights of
citizens contained in every modern constitution.
Classification of Human Rights
Human rights have been classified or categorized
into civil and political rights, economic, social and
cultural rights. Under the civil and political rights
umbrella are such traditional rights such as rights
to life, freedom, dignity of human person, freedom
of expression, religion and association. These are
given prominence under the International
Covenant on Civil Political Rights 9ICCPR).
Economic, Social and Cultural rights relate to the
rights of education, fair and descent standard of
living and itself, promote its cherished values and
legitimate interest and enhance the wellbeing of its
people. Thus, state security could be seen s the
freedom from absence or the absence of these
tendencies which could undermine internal
cohesion. And the corporate existence of the
nation and its ability to maintain its vital
institutions for the medicare, trade union right,
adequate shelter, social security rights are the
subject of the International Covenant on
Economic, Social and Cultural Rights (ICESCR). It
is important to state here that such classifications
are for the sake of convenience as one right can fit
into all the other classification.
Classification in the Nigerian Context
Under the 1999 constitution, the following rights
are recognized:
Right to life s 33
Right to dignity of human person s 34
Right to personal liberty s 35
Right to fair hearing s 36
Right to private and family life s 37
Right to freedom of thought, conscience and
religion s 38
Right to freedom of expression and the press s 39
Right to freedom of assembly and association s 40
Right to freedom from discrimination s 42
STATE SECURITY
Generally, security has to do with freedom from
danger or threat to a nation’s ability to protect and
develop its core values and socio-political and
economic objective as well as meeting the
legitimate aspiration of the people. State security
also implies freedom from danger to life and
property and the presence of a conducive
atmosphere for the people to pursue their
legitimate interest within the society.
Defining Security
Security according to some scholars is a nebulous
and illusive concept that means different things to
different people. This elusiveness causes people to
approach, understand and treat the concept in
different ways. Individuals, groups and
governments have done a lot in the name of
security and have abused it in the process.
Atrocities have been committed in the name of
security, most definitions of security have been
associated with the realist school of power and
international relations which define security from
the point of view of national security. From this
standpoint, security is associated with national
armies and the armed forces generally, elevating it
beyond the common people’s arena.
Ian Belanny, for instance defines security as “… a
relative freedom from war, coupled with a
relatively high expectation that defeat will not be a
consequence of any war that should occur”
(Belanny). Arnold Wolfers on this part sees security
as the absence of threats to acquire values in a
subjective sense, the absence of fear that such
values will not be attacked (Wolfers, 1962:150).
Johan Galtung sees security as the probability that
a system (human, world, economic) can be
sustained. Lawrence Martins (1983:12) views it as
“relative freedom from harmful threats”. The
Penguin Dictionary of International Relations sees
security as denoting the absence of threats to
scarce values… freedom from all threats (p. 490).
We shall then see security as related to all the
above definitions offered and therefore define it as
freedom from dangers, fear and anxiety and the
ability to achieve goals and plan for the future
without fear of those opposed to one’s goals
posing an obstacle.
That the search for security has been unending,
preoccupation of the state and man in particular
needs no restatement. In fact, the origin of
organized society has been linked to the quest for
security by man (Ibidapo-Obe, 1995).
Thomas Hobbes in his social contract theory
suggest that, it was this unending search for
security from a life that was “solitary, poor, nasty,
brutish and short” that led man to surrender some
of his rights “to someone representing the
collectively” (Russel, 1979). That institution which
is seen as representing the collective is what is
popularly referred to as the state. Therefore, the
state remains the single most viable organization
for both the protection and provision of security of
lives and property of the people. The 1999
constitution of the Federal Republic of Nigeria in
relation to the security obligation of the state
stipulates, “the security and welfare of the people
shall be a primary purpose of government”
(Constitution of the Federal Republic of Nigeria
1999).
Although, the Hobbesian state was created to
provide security in return for the obedience of the
subject, many states today constitute a threat to
their citizens and their own very survival. Here “the
state is both a racketeer and a threat to itself and
its citizens (Tillet, 1985). McNamara opines that,
security is not military force, though it may involve
it, security is development and without
development there can be no security (McNamara
1968). Security has to do with the readiness and
capability of a country to contain internal and
external threat to its existence and wellbeing (the
military dimension) and ensure the socio economic
welfare of its people (the developmental
dimension) (Tyoden 2002).
Within the context of Nigeria’s security
consideration and objective, General Moh’d Buhari
captures Attahiru Jega’s conception of security as
follows: Nigeria’s security objective can be itemized
as consisting of the following concerns: peace and
stability; ethno-religious/communal harmony;
peaceful co-existence, food security, sustainable
socio-economic development and domestic
development which involves strengthening the rule
of law, creating a Democratic Political Culture,
Nurturing Civility, promoting good governance,
transparency and accountability and facilitating
institutional and structural reforms amendable to
demonstration (Buhari 2002). Within this context
also, President Obasanjo stated in the words of
Tyoden that; the primary objective of national
security shall be to strength the Federal Republic
of Nigeria, to advance her interest and objectives,
to contain instability, control crime, eliminate
corruption, enhance genuine development,
progress and growth, improve the welfare and
wellbeing and quality of life of every citizen
(Tyoden, 2002).
State security can then be seen as the totality of
the nation’s equilibrium state which needs to be
maintained so that the nation can carry out its
normal functions without unnecessary interruptions
from anywhere. The citizen expected government
to make provision for the protection of life and
property. The security needs of any nation
depends to a large extent, on certain basic facts.
These state machinery including political, social
and economic; the relative satisfaction on the part
of the human elements of the state and the
general state of alertness of the citizens of the
state.
■ Chapter Three ■
HUMAN RIGHTS CONFLICTS IN NIGERIA
(ZONAL ACCOUNTS)
INTRODUCTION
Since 1999, an atmosphere of insecurity has
enveloped the polity. Violent conflicts broke out in
unanticipated proportions. These conflicts have
violated the citizen’s rights in several respects. The
termination of military rule led to a new sense of
freedom in which this freedom has been led into
license. Over the past seven years, there have
been at least over a hundred cases of conflicts,
communal and political and other homicides
became rampant in the system not different from
the situation under military rule. The assassination
of the late Minister of Justice, Chief Bola Ige,
arshall Harry, A.K. Dikibo, the PDP Chairman in
Kogi State Chairman, Anambra Brach of the Nigeria
Bar Association and his wife among others,
showed how life has become really unsafe. The
entourage of the Governors of Nigeria, Plateau,
Lagos and Benue have been attacked; attempted
murders have occurred with frontline politicians,
the murder of the wife of Second Republic
Governor of Kano State, Abubakar Rimi etc. Death
toll rise, innocent citizens were rendered homeless,
properties recklessly destroyed, sacred places of
worship vandalized and burnt, and security
agencies were rendered important by the
magnitude of violence unleashed from these
conflicts. In this section, special attention is given
on the perspectives and experience of different
parts of the country. The case studies illustrate
issues that bind Nigeria regions either collectively
or separated defined as either clan, ethnic group,
religion, state or zone in national politics and
economy. It would be recalled that the
constitutional conference of 1994/95, informally
divided Nigeria into six geo-political zones. These
zones were regarded as development zones and
zones for sharing resources among Nigeria groups.
It is these zones that we will take into account and
experience. These zones are:
North-West North-Central North-East South-South South-East South-West
Sokoto Benue Borno Delta Abia Lagos Kano Plateau Adamawa Edo Anambra Ogun Jigawa Kohi Yobe Rivers IMO Oyo Zamfara Niger Taraba Bayelsa Enugu Osun Kebbi Nasarawa Bauchi Akwa-Ibom Ebonyi Ondo Kaduna Kwara Gombe Cross-River Ekiti Katsina
NORTH-WEST ZONE
If there is anything that has dominated discourse
in this zone, it is the Sharia Law. It even
transcended beyond its borders and attracted
international attention. The Sharia question
developed into a major political confrontation on
27 October, 1999 when Governor Ahmed Sani
Yerima of Zamfara State inaugurated the adoption
of Sharia legal system which took effect from 27
January, 2000. The Zamfara law extended the
application of Sharia from civil law to criminal law.
Following the Zamfara example, some other states
like Kano and Sokoto announced their intentions to
adopt similar measures. In Kaduna, the attempt by
the State Assembly to pass a Sharia bill led to
series of demonstrations first by Muslim supporters
and later Christian opponents. This led to a violent
conflict and loses on both sides. This phenomenon
led to a major religious re-structuring of the town
with people congregating in areas where their
religious faith had a majority of inhabitants. The
Kaduna conflict demonstrated a fundamental issue
posed by the adoption of Sharia legal system. It
created acute insecurity among Christian groups in
the affected areas. They feared that the new legal
regime would affect them adversely despite claims
to the contrary by Muslim supporters.
As the conflict was assuming state threatening
dimensions, a meeting of the National Council of
State was called to discuss the problem and seek
solution to the problem. The Council composed of
the Head of State, former Heads of State and State
Governors. At the end of the meeting on 29
February, it was announced that the Sharia Laws
being enacted would be suspended and there
would be a return to the status quo ante that is, a
return to the penal code. Two members of the
council and former Heads of State, Shehu Shagari
and Muhammadu Buhari denied that such a
decision had been taken and contended that
Muslims were not ready to compromise on the
Sharia. Tensions mounted again and new riots
were reported in Sokoto and Borno States. Non
Muslims started feeling the Muslim dominated
parts of the North. Finally, at the beginning of April
2000, Northern Governors met and agreed to set
up a joint Muslim-Christian Committee to align the
Sharia with the penal code so as to counter the
threats to Northern and national unity posed by
the Sharia issue. In their communiqué read by
Governor ttahiru Bafarawa of Sokoto State, they
announced that: “we have resolved to uphold the
whole North as one indivisible geo-political entity
within the federation of Nigeria”. Shortly after this
announcement, however, a thief Buba Bello
Jengede, had his right hand amputated on the
orders of a Sharia Court judge in Zamfara State for
stealing a cow. In Katsina, Two years later,
another woman one Amina Lawal was convicted to
stoning to death by a Sharia court for adultery.
This drew local and international appeals for her
life to be spared. Several citizens in this part have
received strokes, canning etc. for different
offences by the Sharia Law implementation groups
e.g. the Hizbah in Kano.
Inspite of threats that Sharia legal system posed to
national unity and democracy, many of its
proponent defend it in the name of democracy.
Indeed, Governor Sani Yerima od Zamfara State
has consistently argued that he campaigned for
office on the platform of introducing the Sharia
and that he received the popular mandate of the
people in the state to implement his electoral
promise. He is currently nursing a presidential
ambition in the 2007 polls.
On 22nd July 1999, no fewer than 47 persons were
killed by campaigning Hausa youths in Kano. They
took vengeance on the killing of their kith and kin
in Sagamu, Ogun State.
Their target was the Yoruba Community. One
Sunday Okigidan, an 18 year old simply had his
penis chopped off in that incident. On 2nd
December, 2000 in Hadeja, Jigawa State, a
sectarian disturbance was cursed by a debate
between Muslims and Christians. This resulted in
wanton destruction of worship places. On 12th
October 2001, it was a day of terror and night of
horror. A peaceful Anti-American protest over the
bombing of Afghanistan turned violent, taking
ethnic and religious tone. It then degenerated into
uncontrollable violence which claimed lives and
damaged properties and places of worship. Lifeless
bodies littered the streets, shops and residential
buildings were set ablaze. It was a rare moment of
madness. Save for corpses and billowing balls of
fire, major streets in Kano were bare; scared
residents scampered into safe havens. A vehicle
belonging to the People’s Democratic Party (PDP)
bearing the posters of Sule Lamido, then Minister
of Foreign Affairs was halted and set ablaze at
once. Lamido’s residence was torched. He is from
neighboring Jigawa State. His sin is that he is a
Muslim who forgot the Islamic esprit de crops and
announced federal government support for
American attack on an Islamic country. That
Friday, the hitherto peaceful protest claimed by the
Hizba group became an all-comers affairs. The
streets bubbled with Yan Dabba, a local idiom for
dangerous urchins. America was just a decoy. It
was a well organized war against Christians and
non-indigenes. On 2nd November, 2001 in Gwantu,
Kaduna State, a clash that started on a political
ground over the relocation of LGC headquarters
later took an ethno-religious dimension. Several
places of worship were destroyed. In November
2002, in Kaduna State, Muslims protesting an
offensive This Day Newspaper article on the Miss
World Peageant killed, maimed and destroyed
properties forcing the sudden change of venue for
the contest to London. It was to hold in Port
Harcourt on 23rd November. Earlier, the Zamfara
State Deputy Governor has declared a fatwah
death sentence on the Author of the newspaper
publication found blasphemous by Muslims. The
Kaduna riots affected many Christian traders and
elicited reprisals in the South-East. Similar riots
and destruction of properties took place in the
Federal Capital City, Abuja. A religious protest in
Makarfi town Kaduna over desecration of the
Qu’ran by a Christian teenager took place o 3rd
April, 2004. Another mayhem took place on the
11th and 12th May 2004 in Kano following the
Yelwa Shendam ethno-religious crisis in Plateau.
Non-Muslims were attacked in reprisal of the crisis
in Plateau. Over 200 lives were feared dead. Most
of the victims were unarmed men, women and
children who were targeted simply because of their
religion. In eary Feb., 2005, Ringim, Jigawa State,
there was a clash between nomads and farmers
over claims of invasion of farmlands and
destruction of crops, six people were feared dead.
Again on 22nd Feb., 2005 in Taura, Jigawa, a
bloody clash occurred between farmers and Fulani
which claimed ten lives and five villages suspected
to be Fulani from Niger Republic. In Lere, Kaduna
on 11th May, 2005, a communal clash between the
Guza and Mariri communities over naming of
secondary school happened. The Mariri people
considered Guza (who claim indigeneship) as
settlers. The naming of the secondary school after
Guza triggered the crises but there is a lingering
communal crisis resulting from installation of
village and war heads. Three people were
confirmed killed. In May 2005, a sectarian violence
between Shiites and Sunni claimed two lives in
Sokoto State and in Jume the same year, a
renewed clash between the two sects over the use
of mosque claimed one life. In September 2005,
Ringim Taura and Maruta area of Jigawa state,
reports indicated that in eight months, more than
twenty lives and properties worth millions were
lost in clashes between Fulani and farmers in the
area. On 2nd December, 2005 in Kankara LG of
Katsina state, a violent clash between farmers and
Fulani herdsmen in Unguwar Ibran Dan Maraba
community took place leaving five persons dead
and no less than thirteen others injured. This was
when the Fulani Herdsmen launched a reprisal
attack on the affected villagers. In the same
Katsina, on 18th Feb., 2006, at least one person
was reportedly killed while five persons sustained
various degrees of injuries when police allegedly
shot into a crowd of demonstrators protesting the
planned public hearing on the amendment of the
1999 constitution.
NORTH CENTRAL ZONE
Often referred to as the Middle Belt, the stabilizer,
the most peaceful, the shock absorber and the bolt
that ties other parts of the nation. But events in
the recent past have put paid to these
classifications. This zone has ethnic, political,
economic and religious components which over
time have become inextricably linked. The conflicts
here can be seen in the context of longstanding
political tensions and rivalries between the
predominantly Hausa population of North and a
multitude of other ethnic groups that exists in the
area. They call themselves the minorities. Conflicts
here range from inter-communal, religious and
political to economic privileges between ethnic
groups who consider themselves “indigenes” or
original inhabitants of a particular area and those
whom they view as “settlers”.
On the 14th April, 2000 In Agyaragu, Nasarawa
state, there was a communal clash that erupted
over the location of LGC headquarters. The militant
youths who started the riots later took to the
streets, killing and destroying properties. In July,
2000 in Tsagari, Kwara state, another clash
between Tsagari and Share communities claimed
several lives. Cause of clash was unclear. Still in
Kwara on 17th Oct, 2000, a battle over supremacy
of Emirate system in the state occurred between
militant members of Oodua Peoples Congress
(OPC) and Hausa/Fulani community. On the 21st
Oct. same year in Minna, Niger state, a violent
ethnic crises erupted after the OPC assault of
Kwara and Lagos state. Turning to Nasarawa state,
Azara town on 28th June 2001 witnessed a bloody
ethnic clash. It occurred between Tiv and Azara
indigenes. It started with the gruesome killing of
an Azara traditional leader and later spread to Tiv
villages with them on the defense. Many lives were
lost.
The serenity of Jos, Plateau state was shattered
when on 7th Sept, 2001, a violent ethnic-religious
crises between Muslims/Hausa Fulani and Christian
indigenes occurred. The subject of discord
between the Jasawa Development Association and
Plateau Youth Council was over political
appointment in Jos Noth LGC. These disputes are
not a new phenomenon in the state but until 2001,
they had not led to large scale loss of lives. Around
1000 people were killed in just six days. What had
originally been an ethnic and political conflict
turned into a religious one as the ethnic divide
happened to coincide with the religious divide. The
violence spread out of Jos to other parts of the
state. An ethnic clash between Tivs and
Jukun/Fulani which was an extension of the May
2001 clash prevailed in Taraba, Benue and
Nasarawa. It was reported that 16 soldiers were
killed which later led to the gruesome revenge on
the Tivs by the Nigerian Army. It is popularly
referred to as the Zaki Biam massacre. Also on 30th
Dec, 2001 in Barking Ladi, Plateau state, a violent
communal conflict in Vwang district between
indigenes and non indigenes exploded at the
backdrop of the 7th Sept, Jos crises. It started
when an illegal group of 40 men attacked the
district head of Vwag. The attack had religious
colouring.
Turning to Nasarawa state in Awe LGCon 18th
June, 2002, a renewed communal clash between
two indigenous communities claimed two lives and
several others injured. The cause was not certain.
Back in Jos, Plateau state on 2nd May, 2002,
another mayhem that followed PDP ward congress
took an ethno-religious dimension with massive
destruction of properties. Again on 2nd May in
Bassa, Plateau, an ethnic clash took place between
the Hausa/Fulani and Tugwe indigenes. The even
is said to be a areprisal attack. In June/July 2002,
a religious cum ethnic fracas between the native
people (predominantly Christians) extended to
about 4 LGCs in Southern Plateau. It turned
violent. In July, 2003, a border conflict over land
ownership koccurred in Kogi and Edo states. The
parties are the Ekepedo and Ogori. Around Feb,
2004 in Wasse and Kanam areas of Plateau State,
a violent clash between Mavo and Taroh
communities claimed 11 lives. Suspected Taroh
youth were alleged to have raided Mavo villages. A
communal clash over land ownership between
Minda and Kparav groups claimed several lives in
Makurdi on 21st Feb, 2004. Still in Benue in
Kwande LGC, a renewed violent between
supporters of UNPP and ANPP in Adikpo and Jato-
Aka villages claimed over six lives. In Lang tang
South, Plateau, another clash erupted. That led to
the sacking of Taroh villages by suspected
Hausa/Fulani insurgents on 11th April, 2004.
Another conflict in Barkin Ciyawa, Plateau took
place in April, 2004. This was renewed hostilities
launched by suspected displaced Fulani herdsmen.
The conflict was believed to be a spill over of the
ethno religious crises that has been bedeviling
southern Plateau LGCs of Langtang South and
North, Wase, Kanam and Shendam. Another bout
of crises erupted in May in Yelwa, Shendam. This
according to independent reports claimed over 650
lives and over 250 women abducted by suspected
Taroh Militia. On 19th May, 2004, another violence
occurred in Kwande, Benue. The renewed hostility
on Jato-Aka village which claimed 50 lives and the
tomb of a former minister destroyed is believed to
be an extension of the political conflict between
supporters of the UNPP/ANPP/PDP. Again in
Konshisha/Gwer Benue on 5th June, 2004, thirteen
lives were lost owing to boundary dispute between
the two communities. In Qua-An-Pan LGC, Plateau,
fresh outbreak of violence in Lankaka village
occurred where suspected armed militia from a
neighbouring state allegedly stormed the village
killing two and razing twenty houses on 3rd August,
2004. In Dec., 2004 Adkpo, Benue, another fresh
violence in Kwande LGC occurred. It is connected
with the protracted conflict trailing the March,
2004 local elections. In Langtang, a group of Taroh
men suspected to be from Langtang LGC, Plateau
state set a complete Fulani settlement ablaze
leaving two deaths. Similarly on 21st Feb, 2005 in
Den one village in Wase LGC of Plateau state, a
group of armed men suspected to be Taroh
attacked and killed a Fulani herdsman. On 3rd May,
2005, Bukuru/Katsina Ala, Benue, a violent clash
between Kursuv and Ikyurav communities over
ownership of piece of land happened. Several
houses and farms were destroyed and several lives
lost with women abducted. Again in Logo, Benue,
a violent clash between two factions of Mbaikwe
clan of Ugondo occurred. It was sparked off as a
result of an alleged attack by one of thefeuding
parties
In Kogi early in the year 2005, 10 persons
sustained machete cut injuries as thugs of the
ruling PDP clashed in Idah headquarters of Idah
LGC, as the battle for government house in 2007
hots up. Another political violence in Ebiraland
claimed two lives. Still in Kogi he Area Police
Commander for Okene, Mr. Bassey Okon escaped
death by the whiskers. In Ilorin, Kwara in August,
2005, at least six people were reportedly killed and
four houses burnt down in the aftermath of
Sunday’s turbaning of new chiefs by the Emir of
Ilorin Alh. Sulu Gambari opposing sides of the
chieftaincy titles clashed as assorted weapons such
as guns, knives, machetes and charms were
deployed by them. In Niger state, around October,
2005, in Tunga Rogo, a policeman was reportedly
kelled and three other missing as violent clashes
erupted between the Fulani cattle rearers and
Gwari farmers. Trouble started in the area when a
Fulani boy who went into a Gwariu farm land
showdown with the government of the country.
Their ultimate ambition is to Islamise Nigeria. First,
they settled in Borno state, but after crises with
some of the natives there, they eventually left for
Yobe where their agenda finally unfurled. They
proudly flew the Afghanistan flag.
After the police tried flushing them out following
complaints from the indigenes of the state, the
battle ready Wal Jumma members sacked a police
station in Yobe; confiscating its arms and
ammunitions. Subsequently, they foiled several
attempts by the Police to sack or arrest them from
their strongholds. It took the fire power of the
Nigerian Army Battalion in Ngwuru to finally over
power them. Twenty members of the group were
killed while fifty arrested after the carnage.
On 17th Feb, 2004 a poltically triggered mayhem
happened in Takum LGC, Taraba State. It was
between supporters of PDP and NDP over local
elections. In Numan, Adamawa on 8th June, 2004,
an ethno religious crises atook place over the
construction of a mosques minaret over the
Hamman Bachama’s palace. Over 50 people wer
feared dead and the traditional ruler of thearea
deeped. A self styled Taliban group hiding on the
Goza hills and Mandara Mountains on the North
Eastern border with Cameroon raided a police
station killing officers and stealing ammunitions.
This was in Limankara, Borno State on 27th
September, 2004. On 12th Nov, 2005 in Namu
town, Shendam, Plateau, three people were feared
dead following protests that trailed the creation of
development area. Trouble started when certain
people faulted the choice of Namu, that it did not
reflect linguistic and tribal composition. In Okene,
Kogi on 19th May, 2006, two persons were
confirmed dead when violence erupted in Okene
the heart land of Ebira central senatorial district.
The crisis started between Zango community in
Ajaokuta LOGA AND Ozuneaya, Okene LGA. The
crisis was ignited by the arrest of a young boy
from Zango.
NORTH-EAST ZONE
The state of Borno, Adamawa, Yobe, Bauchi,
Taraba and Gombe form the Zone. Ethno religious
and communal conflicts are prevalent in these
areas. On 8th September, 2000 in Kaltungo,
Gombe, a religious violence was sparked off by the
presence of the state’s Sharia implementation.
Early January, 2004 in Ganye, Adamawa, a clash
occurred between Fulani herdsmen and farmers
over grazing land and in Yobe same month,
militant Islamic group launched a Taliban-like
attack on the Police. The Al Jumma (followers of
the prophet) may have been one of the first of
such extremist groups to accept the led Bin Ladin
challenge to Islamise Nigeria. The group led by
Yusuf Ahmed, a Saudi returnee, had brainwashed
and recruited several idle youths some of whom
are children prominent Nigerians and well
educated, for a final Herdsmen over grazing land
and alleged destruction of farm produce. Another
clash between farmers and herdsmen over
accusation of destruction of farm produce occurred
in Bidoma, Adamawa on 6th Feb, 2005. Similarly,
on 5th March, 2005, a communal clash between
two border communities Maruta (Jigawa) and
Burmin (Bauchi) over relocation of market
happened. Eight people were confirmed dead in
the renewed clah. On the political turf, 3rd January,
2005, in Azzare, Bauchi, no fewer than five
persons were feared dead while several others
were wounded and properties destroyed as
supporters of former Aviation minster, Alhaji Isa
Yuguda and the state Governor Alhaji Adamu
Muazu clashed. On 8th February, 2006, peace was
shattered in Maiduguri, Borno state. Here, no
fewer than 58 person where killed and 30
Churches burnt in an outbreak of deadly protests.
The Muslims were angered over a controversial
cartoon published by Danish and other European
publications on prophet Mohammed. Across
Northern Nigeria, a boycott of Danish milk, took
effect. It was similarly brought out of stores and
warehouses and burnt. The consumption by
Muslim faithful is abhorred till date. In Bauchi state
capital on 18th Feb, 2006 no fewer than 16 persons
were fared dead following a violent demonstration
by Muslims, incensed by alleged seizure and
desecration of Qu’ran by a female teacher rebuking
her student in a secondary school. Properties
worth millions and about 40 churches were burnt
and destroyed by the rampaging rioters.
Still in Bauchi, in 2006, soldiers of the 33 Field
Artillery Brigade ran amok destroying police
officers mess barracks, a car and wounded give
personnel of the Nigerian Police Force in a high
flay flexing of supremacy, following a stoppage of
a motorcyclist by the Police demanding for
particulars.
SOUTH EAST ZONE
Events in this zone have been dominated by intra-
ethnic rivalry, crime, political crises and self
determination. In October, 1999, there was a
violent communal clash between two nieghbouring
communities of Aguleri and Umuleri in Anambra. It
was linked to an April clash that resulted from an
orgy of hatred and vengeance. In Abia State on
28th Feb, 2000, a deadly riot began in Aba as a
reprisal to that of Kaduna which spread to other
eastern states. Northerners were targeted. A major
even that has heightened tension in the country
from this part till date is intention to declare a
“Republic of Biafra” by the Chief Ralph Uwazuruike
led Movement for the Actualization of Sovereign
State of Biafra (MASSOB) on 27th May, 2000 in
Owerri, Imo State. Today, the leader is in
detention undergoing trial for treason charges.
This movement has grown considerably and their
activities have pitted them with citizens in the zone
and the security forces leading to loss of lives and
properties.
On 15th Sept, 2001, Onitsha, Anambra, a reprisal
killing of Northerners over the Jos crises in which
several Ibos fell victims took place. In between
now, a notorious anti crime vigilante group, the
Bakassi Boys was formed in Anambra by the
Governor Mbadinuju administration. It succeeded
in curbing crime and other states in the area
adopted it. Not long after these creations, the
group turned violent and carried out extra judicial
killings, forming illegal detention cells and harassed
citizens with impunity. Even politicians hijacked its
activities and later became sort of mercenary
squads. In May, 2003, a communal clash fuelled by
cultists rivalry took place in Inyimagu/Agbaja,
Ebony state. Again in 11th
April, 2005, a bloody broiler clash occurred
between Ukeli (Cross River) and Izzi (Ebonyi)
communities over claims of ownership of land. The
dispute is on speculated land owners (Ukeli) and
tenants (Izzi). About 100 people died in nearly
three weeks of violence. In Ebonyi again, same
year, three houses were burnt and several people
wounded when the Izzi community attempted to
dislodge some Fulani herdsmen from their area.
Trouble started again when the Izzi people,
peeved by the destruction of their rice farms, went
after the Fulani men asking them to leave their
land, scattering cows and burning their houses.
In Sept, 2005, in Onitsha, Anambra, no fewer than
six persons were feard dead when members of
MASSSOB and men of the Nigerian Police Force
clashed.
Again on 6th Dec., 2005, some people were
reportedly killed following the sit-at home protest
order by MASSOB in Onitsha. Twenty people were
killed in clashes between MASSOB members and
the Police.
The groups were demanding for the release of its
leader Chief Ralph Uwazuruike. Similarly, three
Northerners were confirmed dead and eight others
seriously injured after attacks by hoodlums
believed to be MASSOB members who blocked the
Aba section of the Enugu-Port Harcourt
expressway in Abia early September. In Anambra
same month, MASSOB members alleged that 22 of
their members were gruesomely murdered by the
Police and Narto members who are working for an
unnamed influential business man and politician to
dislodge MASSOB from Anambra on the request of
the feder5al government. While in Enugu in
October, markets in the city witnessed some
heightened tension of excitement as MASSOB
officially introduced the “Biafran Pond” in the coal
city defying efforts by security agents to stop the
spread of the currency. On 21st March, 2006, at
least no fewer than 10 people were reported dead
in a fracas that broke out on the first day of the
national headcount tagged “Census 2006”. The
exercise that began across the nation was marred
in Nnewi and parts of Onitsha as suspected
MASSOB members were said to have attacked
enumeration officers and seized their materials.
Earlier in Feb, 2006 in Onitsha, another reprisal
killing occurred. The reprisal attack believed to be
in retaliation of the alleged killing of Igbo
Christians in Maiduguri, Borno State over the
controversial Prophet Mohammed cartoons
published in a Danish newspaper. In Onitsha,
Anambra, 19th June, 2006, MASSOB members
killed and burnt properties in a renewed clash with
the Police over the alleged killing of their
members. Marauders easily seized the carnage and
escalate crises.
SOUTH – WEST ZONE
The most notable even that shocked Nigerians on
the return to democracy in May, 1999 was the 2nd
July, 1999 orgy of violence in Sagamu, Ogun State.
The mayhem here was inspired by factors remote
and immediate. It was an ethnic clash between
Yorubas and Hausa/Fulani residents. The
immediate factor was the killing of an Hausa
woman alleged to have contravened to taboo of
watch Oro, a cult which no woman is allowed to
see according to Yoruba tradition. This gruesome
killing of Hausas in Sagamu got a sharp response
in Kano when the returning survivors brought the
dead and wounded home.
But July 10 1999, was not all a day of joy for the
students of Obafemi Awolowo University, Ile Ife,
despite the hilarious kegites World Gyration Day
celebration. Midway into the boisterious gathering,
pandemonium broke with the killing of no fewer
than four students of the institution. The group of
cultists shattered the peace of the most beautiful
campus in Africa.
Another round of hostility took place on 5th
June, 2000, in Owo, Ondo state, violence slash
involving two supporters lineage groups over the
succession of Owo stool took place. The tomb of
Pa Adekunle Ajasin, a respected Yoruba leader was
destroyed in the conflict. On 24th Nov., 2003, there
occurred violence in Lagos Island. It was between
rival groups of Area boys over sharing of money
paid by a business man for clearing of imported
goods. While in Irawo, Oyo State on 19th Jan.,
2004, there was a communal rivalry among fencing
clans in Irawo, ATISBO LGC which claimed 25
lives. On 11th March, 2004, a clash between
supports of claimants of Jegun of Idepe Chieftaincy
title occurred in Okitipupa, Ondo state. In Lagos,
Ipakodo, on 17th Jan, 2005, over 150 lives were
lost in a religious mayhem between OPC lives and
Muslims over the creation of the Ogun Shrine on a
Muslim praying ground.
The Ijaw and Ikale people in Lota, a border village
between two council areas of Ondo State saw four
people feared dead over a boundary dispute in
January. In Akure, Ondo State on 14th Oct., 2005,
at least; seven people were killed as irate militants
engaged in bloody clash when the youths followed
the Ojomolude of Ijebu Owo singing and dancing
during the famous Igogo festival. Back in Ijah,
Lagos, 10 people were killed over the crisis which
erupted over who is the actual owner of Ajah land
and the decision of the state government to install
an Oba in the area. Another killing of communities,
the Ijaw and Ilajes. An extension of the clash
which started with the kidnap of an Ijaw man took
place in Ajegunle, Lagos in Oct., 1999, later
became a fracas between the Ijaw and Oodua
Peoples Congress (OPC). It would be recalled that
after May, 1999, the OPC declared its stand for the
freedom of the Yoruba to go alone as an
independent unit. It declared its desire to protect
and defend Yoruba interest anywhere in Nigeria.
The first eruption of crisis was in Sagamu between
OPC backed group and Hausa/Fulani settlers. Many
people were killed and goods destroyed.
The OPC violence in Lagos and most parts of the
South West angered the Igbos and Hausa who also
set up the Igbo People Congress (IPC) and Arewa
People Congress (APC) to deal with what they
considered OPC’s unwarranted meddlesomeness
and violence. The OPC later developed into
factions, one headed by the foundation Dr.
Frederick Fasehun and the other by a young
Ganiyu Adams. The OPC experienced intra and
inter factional clash. Dr. Frederick Fasehun is
currently detained and undergoing treason trial.
Another protracted crisis that caught national
attention is the 10th March, 2000, Ife-Modakeke
imbroglio in Osun State. It was communal killings
between Ife and Modakeke communities. This was
a fresh hostility after a long truce. It is believed to
have a history of ancestral rivalry which became
heightened by local government creation and the
tussle over the location of the Local Government
Council. Twenty-five people were killed and many
others seriously injured. In another clash in this
time in Ado-Ekiti, Ekiti State on 19th January, 2006.
It was violence that greeted the report that the
Court of Appeal from Ilorin Division Kwara State
had nullified the appointment and dethronement of
the Arakaja of Igbara-Oba, Oba Edward Jayeola. In
neighboring Ondo on 25th Jan., 2006, no fewer
than seven persons were killed and properties
destroyed in a communal clash between Ikale and
Ijaw over boundary dispute in the build up to the
census exercise. Earlier in Ibadan, Oyo State, one
person was killed while several others including
two police men injured as supporters of former
NURTW Chairman Alh. Lateef Akinsola aka Tokyo
clashed in various parts of Ibadan with rival
factions.
SOUTH-SOUTH ZONE
Popularly referred to as the Niger-Delta, oil region
and goose that lays the golden eggs; this zone has
always been an area of conflict from the days of
the military. Devastated by oil exploration,
inadequately touched by the benefits of oil,
overwhelmed by an army of unemployed youths,
the area has seen conflict aimed at extracting
positive responses from the federal government
and oil companies. The exploration and production
of oil continues to result in deprivation, injustice
and violence in the zone. The proliferation of small
arms – reportedly financed by oil thefts and the
governments inadequate disbarment programs
compounded the violence.
Reported on 19th October, 1999, between Eleme
and Okrika communities over traditional and legal
titles to the stretch of land where the Port Harcourt
refinery is located. In neighboring Bayelsa in Odi,
on 18th Nov., 1999, a youth group associated with
Egbesu youths kidnapped and killed policemen in
revenge of the killing of their members. In Isoko
Delta, 16th Nov., 1999, a bloody communal clash
between Oleh and Olomuro communities occurred
over sharing of used pipes from Oleh-Olomuro flow
stations. On 26th Nov., 1999 and 18th March, 2000,
the Eleme and Okrika conflict erupted again
claiming several lives.
In Bayelsa, the Akaasa and Igwama people had a
bloody encounter on 16th May, 2000. By October,
2001 in Rivers, a chieftaincy crisis snowballed into
clan violence which claimed several lives and
properties damaged. In Ikom, Cross Rivers on 25th
March, 2002, a fresh hostility was reported when
Ofara natives launched a revenge attack against
their Nselle neighbors killing ten people in the
process. Same month in Ika LGC, according to the
Punch newspaper, hundreds of lives were lost.
While on 13th May, 2002, Bori, Bayelsa, a clsh
occurred in Ogoni land over the ownership of Bori
town between Yeghe people and the Zappa
community. By June, another clash claimed five
lives and more injury happened in Isoko Delta
between Ozoro and Okpaile communities. In
January, 2003, a conflict over land ownership saw
irate youths protesting strangers taking over their
land in Abotse, Edo State.
The security forces always raze communities and
kill and injure people with impunity. Community
activists who protested in pursuit of rights and
resources sometimes against oil companies always
faced violence arbitrary detention. The security
forces often respond with a very disproportionate
including lethal force and whose communities are
targeted for allegedly hindering oil production or
harboring criminal groups. Company assets and
personnel have increasingly become targets of
hostage-takking, sabotage and large scale theft of
oil. The Niger Delta Volunteer Force (NDVF),
Movement for the Emancipation of the Niger Delta
(MEND) etc. are some of the militant groups in the
region often accused of disruptive activities against
oil companies. Alhaji Muhajid Asari Dokubo is a
militant who heads the NDVF, is currently in
detention facing treason charges by the Nigerian
government.
Amnesty International reports that between 2003
and 2004, over 1500 people died, most of the in
the area around Warri, the commercial capital of
Delta State in inter communal conflicts over oil and
oil revenues as well as grievances over political
boundaries. On 31st May 1999, Warri, Delta State,
there was a violent clash between the Ikaw and
Itsekiri communities which has its riots in the
grievances harbored by the Olu of Warri and his
subjects over recognition of new kings in Warri by
the military administration. In Port Harcourt,
Rivers, a violent clash was NDVF clash in Okrika
kingdom in another renewed hostility. In Delta on
17th Jan., twenty five lives were lost in a bloody
clash between Ugbukwu and Obotie community
over land dispute while in Sapele on 20th July,
2004, another fierce fighting between Urhobo and
Obotie/Ugbukwu occurred claiming ten lives. It is
believed to be a spill over of an earlier clash. A gun
battle over control of metropolis by militants
occurred in Port Harcourt, Rivers on 14th Jan.,
2004. Another, Andoni in Rivers, bloody clash
occurred on 4th August, 2004. This was between
“Biafrans” and “Federal Troops” in Ataba. It was
over lingering chieftaincy dispute. The same month
in Yenegoa, Bayelsa, two factions of Ijaw Youth
Council clashed over leadership tussle claiming five
lives. No fewer than 500 lives have been lost in
Rivers between February and August 2004 in cult
related killings. It involves youth believed to be
cultists and operating along canals and waterways.
In September, the NDVF declared an all time war
against the federal government. They claimed it
was to liberate Ijaw native and Niger Delta. That
was 2004. Today, the leader Asari Dokubo is in
custody facing treason charges by the Federal
Government.
On 11th Nov., 2004, Iyuku, Edo State, a chieftaincy
tussle claimed 33 lives and properties worth
millions of Naira were destroyed. A communal
clash heightened by the drilling of crude oil wells
on a disputed land between Nembe and Odioma
People in Odioma, Bayelsa claimed 12 lives.
In Warri, Delta on 31st Jan., 2003, several lives
were lost including Police Officers when renewed
hostilities between two feuding Urhobo and Itsekiri
erupted. Still in Delta on 23rd Feb., 2003 in Ozoro
Delta, twenty lives were lost when supremacy
battle between supporters of youth leaders over
alleged mismanagement of patronage.
In Olubra, Cross River in Feb., 2003, an inter
political conflict between supporters of ANPP and
PDP over council election took place. In Warri,
Delta on 17th March, 2003, a very deadly hostility
occurred leading to the death of over 100 people
and the sacking of 20 towns by suspected Ijaw
militia. In May again, another ethnic clash took
place in Warri between Ijaw and Itsekiri over the
former agitation for political autonomy and on the
12th May, in Effurun, Delta, PDP and AD supporters
clashed. Down Andoni in Rivers, a lingering
communal clash over chieftaincy tussle took place
in Abata community. Between 14th July 2003 and
12th Nov., 2003, five violent clashes took place
involving the Ijaw and Itsekiri with killings and
kidnappings. On 23rd Nov., 2003, in Rivers, there
was a reprissl attack by Debam community on
Npolu-Oroworukwu. In Bayelsa on 9th Dec., 2003
and Jan. 2004, two clashes involving ijaws and
Itsekiri occurred killing one life. The other involved
attempts to dethrone the traditional ruler of a
community claiming five lives. A traditional ruler
was kidnapped in Gbukuma, Rivers and lives were
lost on 16th Jan., 2004 while on the 18th of the
same month, rival groups, Bush Boys and 5 elected
councilors who were on a peace mission there on
5th Feb., 2005 clashed. Later that month, another
blood bath in Idioma took place when armed men
in military uniform invaded the area. The crisis has
origin in the ownership of Owukubu Oil field which
is claimed by Bassambali community. Again in
Ubeji, Delta State in March, 2005l, two factions
clashed over the installation of a new town head.
Two persons were killed and three buildings razed.
On 7th March, 2005, Joinkrama, Rivers, a bloody
clash over amenities took place claiming six lives.
In May, in Cross Rivers, nine lives were lost in a
renewed clash between Izzi and Ukelle
communities. In August, the clash reared its head
again killing nine people. In the clash, a women
and her 2-year old daughter were killed while three
others were declared missing following renewed
clashes in Akuku and Ewan communities.
In September, 2005, in Khana LGC, Rivers State,
18 people were feared dead over a political clash
in a decision that was unpopular to the people. In
October, about two clashes over oil royalties took
place in different parts of Delta and Bayelsa
claiming three lives. On 15th Jan., 2006, no less
than 14 soldiers lost their lives and an equal
number of civilian casualties in the battle to regain
Ango Dutch oil giant, Shell’s Beneseide flow station
from militant youths in Bayelsa. Again, another
person was shot dead while others sustained
serious injuries in a violent clash between militant
youths and soldiers at Ikorumo, Bayelsa. About 20
armed robbers stormed the premises of Daewo, an
oil servicing company situated in Abam, Okrika
LGA, Rivers State and made away with about N40
million meant for the payment of staff salaries
earlier in the month.
■ CHAPTER FOUR ■
CONFLICTS AND STATE SECURITY
Political Instability and Destabilization Since the entrenchment of democracy on May 29, 1999, a gloomy cloud of insecurity has enveloped the nation. From Lagos to Kano, Sagamu to Warri, Bayelsa to Plateau, Kaduna to Port Harcourt, gory pictures of destroyed properties, burnt human beings and dead bodies are fast becoming a recurring decimal in the nation every time conflict erupts, scaring both nationals and foreigners alike. Killer squads are on the loose across the land wrecking havoc and threatening the nascent democracy. Seven years into the country’s
democratic experiment, Nigeria continues to face economic, political and social uncertainties. Flashpoints of ethic, communal, religious and resource conflicts persist. The economic environment is still unstable. The Niger Delta crisis are yet to be resolved. Religion and Political Instability A new and in many ways, fundamental threat to social and political stability has evolved in the Nigeria political culture. Religion especially religious fundamentalism has become a major factor that threatens to distort the satisfaction of the Nigerian political system. This is expressed in the pluralism of the two dominant religions (Christianity and Islam) Nigerians have enjoyed. From the Maitatsine riots in the early 80s to the contentious issue of Nigerians membership of the Organization of Islamic Conference (OIC). Sharia since 1978 has been a major bone of contention in Nigeria politics. The sharia question developed into a major confrontation on 27th October, 1999 when Governor Ahmed Sani Yerima of Zamfara State inaugurated the adoption of the legal system which took effect in January, 2000. Some other states in the North such as Kano, Sokoto, Yobe and Borno began plans for adoption. In Kaduna, the attempt by the state House of Assembly to pass a bill on it led to serious demonstrations, first by Muslim
supporters and then Christian opponents. This pitted both sides into violent conflicts with massive killings on both sides, the destruction of religious buildings, general arson and the destruction of properties. The Kaduna mayhem led to retaliatory killings and burning of mosques in Aba and Owerri in which Igbo youths targeted Northerners which they accused of killing their kith and kin in the North. This shook the nation. Religious disturbances as a result of religious differences and intolerance environmental degradation in oil producing region remains a problem. Exacerbating this is the public perception that the government has been insensitive and slow in adding fundamental issues affecting Nigeria such as poverty alleviation, resource distribution, infrastructure development and security. An air of anxiety and uncertainty continue to pervade Nigerian society. The various bouts of crisis which Nigeria has witnessed has exposed the inadequacy of the Nigerian Police Force in dealing with serious problem of insurgencies. In most cases where lives have been lost, it is always as a result of the abuse in the use of force which led to the escalation of the problems. Since underlying many of these crises have been economic and political issues, the use of force cannot be an enduring solution to the
problem, it can only abate the crisis or prevent escalation. The volatility of the Nigerian political system and the stringent economic climate has further eroded the confidence of the people in the ability of the system to satisfy their basic needs. Therefore, the impact that economic decline is not only limited to social discontent and political instability but it also erodes the resource base on which the armed forces depend for armaments and maintenance facilities; underscore the magnitude of threat to internal security. Civil Disturbances Civil disturbances depict a state of discontent among members of any given society. Then polity is replete with incidences of civil disturbances. These have been manifested in the form of political clashes and labor unrest which always center around financial or economic readjustments, students riot as a result of agitation in favor or against one program or the other against food, academics, financial adjustments, amenities, unionists versus cult clashes, post graduate assignments to maladministration. It is a difficult problem for any government based on at least two reasons. First, it presents itself a direct threat to lives and property of citizens who invariably are weak, innocent and peace loving.
Second, it indirectly presents a challenge to the authority of the state, which, by agreement is the sole agency for the maintenance of law and order.
■ CHAPTER FIVE ■
STATE SECURITY AND HUMAN RIGHTS
Some Threats to Internal Security and Human
Rights
Religions and Political Intolerance
Religions and political intolerance have to do with
the unwillingness by some people of particular
religious and political beliefs to put up with others
who have different religious or political beliefs from
theirs. Incidents of religious and political
intolerance have been manifested in Nigeria on
number of occasions. The Miss World Riot of 2002,
the perennial controversy over Sharia
implementation, the opposition to public preaching
by some religious groups, the election crisis during
the 2003 elections, the political riots in Kogi, Edo,
Borno, Delta etc. are few cases. The fear of being
expressed by concerned Nigerians is the danger of
the country being torn apart if the various shades
of intolerance are not properly managed. In
particular there is the need to de-emphasize
religion from the country’s body politic.
Armed Robbery/Assassinations
If anything has disturbed social life and
contributed immensely to the insecurity of life and
property in Nigeria in recent times, it is the
problem of armed robbery and political
assassinations. There is no evidence that shows
that tough measures adopted by government have
led to any appreciable drop in these cases. Rather,
it would seem they are on the increase. The
situation is such that virtually every Nigerian in the
urban area now lives inside highly walled fences
and barricaded compounds, a sort of self imposed
prison yard. Unemployment, absence of social
security service, corruption and government
inefficiency have given rise to these malaise.
Political killings have alarmed the citizenry. Senior
citizens are being killed often and these murders
have remained unsolved.
Civil Unrest/Ethnic Self Determination
This connotes a wide variety of civil disturbances
include inter-community or inter-group clashes,
religious disturbances, protest marches or violent
demonstrations. The Oodua People’s Congress
(OPC), Egbesu Boys, Niger Delta Volunteer Force
(NDVF) at one point or the other had clashed
among themselves especially OPC, or against
constituted authority of the Nigerian state. The
Movement for the Survival of Ogoni People
(MOSOP), Movement for the Actualization of the
Sovereign State of Biafra (MASSOB), Movement for
the Emancipation of the Niger Delta (MEND), Ijaw
Peoples Congress (IPC) etc. are some ethno-
political associations whose militancy and activities
have several times threatened the nation. They
want greater self determination, the country had
witnessed boundary clashes between various
communities, revolts by some communities, violent
demonstration etc. All these have put to test the
preparedness of security agents to handle her
numerous security problems.
Mismanagement of Resources
Resource management affects internal security to
the extent that it impinges on the very important
issue of creating the right internal atmosphere for
promotion of national security. Resource
management within the context of a nation has to
do with organizing and directing the total
resources of man and material to meet national
goals. Proper and judicious resource management
of available resources can bring the happiness to
many. So far, Nigeria’s experience at national
resource management has been marked by
inefficiency, corruption, pursuit of elitist taste,
discriminatory utilization of the nation’s talent,
foreign penetration of the commanding heights of
the economy and other vices. This leaves the
institutions less serviced and the citizenry hungry
and angry. This eventually erodes national
consciousness and patriotism is prone to
subversive penetration. This spills into sabotage
espionage, smuggling, alien influx and other
conventional threats.
Human Rights Violations
Human rights abuses and their protection occurs in
different spheres of national life. With the return of
democracy and its attendant freedom, violations of
human rights still prevail as if it were military days.
In Nigeria, violations by the police and other law
enforcement agencies are high. The Police remain
the senior partner in the abuse of rights in the
context of law enforcement. As crime rate keep
pace with unemployment, law enforcement
agencies are given sweeping powers by the federal
and state authorities to combat criminal activities.
These range from torture and extra-judicial killings
to extortion and other miscellaneous abuses. Many
of these cases of extra judicial killings and
extortion take place at checkpoints.
Although checkpoints were set up to ostensibly
assist the Police in the apprehension of criminal
suspects, they have become notorious for brazen
violation of rights. Even anti-crime squads are
been used by governments to hunt human rights
activists and disrupt the activities of the opposition,
human rights and pro-democracy organizations,
campaigners and peaceful demonstrators against
the perceived third term agenda of the Obasanjo
regime were often met with disruption. The Police
Public Order Act was and is maximally used as a
weapon against any anti-government protest. It
would be recalled that harmless mothers were
tear-gassed last year in Lagos while on a peaceful
protest from academic freedom to social and
economic conditions, minority right and the
environment, the situation has been appalling. The
Government has failed to squarely address these
situations.
Welfare conditions of prison inmates are always
inhuman and deplorable. Inmates often dies from
warder brutality, malnutrition and overcrowding.
Despite repeated assurances of improvement; the
economy remain weak, worker lay-offs, low
capacity utilization and other macroeconomic
indices. Minorities and the environment continue to
face an inclement regime of rights abuse. In the
ever restive Niger Delta, these two groups of rights
have long since become also indistinguishable one
from the other.
In the first half of 2004, hundreds of people were
killed in inter-communal fighting between
Christians and Muslims in and around the town of
Yelwa in Plateau State. Retaliatory killing followed
against Christian residents in Kano killing more
than two hundred.
According to Human Rights Watch, “the Federal
Government and security forces bear the heavy
responsibility for the massive loss of lives in Yelwa
and Kano… instead of protecting those at risk and
arrest perpetrators, the security forces (some)
deployed carried out dozens of extra judicial
killings contributing further to violence. This is
typical of responses to previous outbreaks of inter-
communal violence in other parts of Nigeria” (HRW
Vol. 17, No. 8 A). It could be said that though
scant regard is given to human rights protection
and enhancement in Nigeria, they are often met
with serious violations on several fronts. This pits
the citizens against the government and the
security forces which then turn heat on the polity.
The Amnesty International 2006 report has this to
say about human rights situation in Nigeria: “Death
sentence continued to be handled down, but no
executions were carried out while one government
commission recommended a moratorium on the
death penalty or its abolition, others called for its
continued use against juveniles and reportedly, the
execution of death row prisoners to decongest the
prisons. The security forces in the Niger Delta
killed people and razed communities with impunity
to prevent disruption to oil production and in
response to community protest. Violence against
women including the family is still widespread.
Although some states introduced legislation on
violence in the home, the federal government did
not review discriminatory laws or amend national
law to comply with the protocol of the African
Charter on Human and People’s Rights on the
Right of Women in Africa. Outrageous six extra-
judicial executions by the police in Abuja, the
capital, prompted investigation and the
prosecution of suspected officers. However, few
human rights abuses were investigated or their
perpetrators held to account. The findings of a
judicial commission of inquiry into human rights
violations between 1966 and 1999 were finally
made public, but the government did not
announce plans to implement its
recommendations. Human rights defenders and
journalists continued to face harassment and
unlawful detention. Over 3,000 people were made
homeless without adequate prison notice,
alternative accommodation or compensation in a
mass forced eviction. Killings increased throughout
the country in violence between and within political
parties.
■ CHAPTER SIX ■
WHAT IS TO BE DONE
Strategies for Curbing Conflicts
On the basis of the foregoing challenges, the
government should ensure that individuals
responsible for organizing and carrying out
violence are identified, arrested, charged and tried
promptly according to international fair trial
standards. Justice should be a priority. It should
ensure adequate security presence in areas of
likely tension and improve mechanisms to obtain
reinforcements rapidly should the need arise. It
should anticipate and prevent conflict rather than
reacting after violence had already begun. Force
should not be recklessly used in quelling conflicts.
Religious leaders should pursue meaningful
dialogue, refrain from inflammatory statements
and seek long term solutions to the tensions and
grievances amongst inter-faith groups. They
should also make clear that retaliatory attacks in
the name of self defense are never a justification
for killing or other forms of violence against
unarmed civilians. Conflict resolution between
ethnic and religious communities should not
preclude the search for justice.
The civil society should evolve programs and
activities channeled towards ethno-religious and
communal harmony among the people. This is
possible when they develop a strong capacity in
mediating ethno-religious, communal and political
conflicts. They should support the state and other
agencies in the area of supporting victims in areas
that matter. The state too should reciprocate by
supporting the expansion and independence of civil
society such as the media in the area of peace
building, capacity, advocacy and education as well
as unbiased and balanced reporting and access to
information. The international community should
assist the government and prevail upon them to
ensure good governance in the body politic. The
popular classes (the poor) should be integrated
into active politics on non-ethnic basis. This will
involve poverty reduction on a massive scale.
Emphasis should be shifted from the distribution of
the national cake to the production of the cake,
and from an emphasis on distribution of the cake
along ethnic lines to its distribution among lines of
the level of contribution to social production,
gender and age among others. The government
should reduce the power of the center without
unduly weakening it, the confidence of the Niger
Delta people be regained and discourage any
tendency towards secession by reintegrating the
Igbo into political and military life. It should also
prevent extremist movements from dominating
their inter-ethnic and religious turf. Conflicts should
be prevented from incurring retaliation in other
parts and national consciousness and tolerance be
promoted among youth, gender, geography and
religion in governance and politics. An acceptable
revenue allocation formula be fashioned out and
fears over marginalization by various elites of the
ethnic groups be assuaged in the distribution of
benefits.
Strategies for Promoting State Security
There is the urgent need to properly equip, train
and retrain ad well as improve condition of service
of security agents to enable them to be more
committed ad effective in their duties. This will
develop an early warning response mechanism in
both the state and relevant security agencies for
intelligence gathering and monitoring to contain all
sorts of conflicts in the nation. The government
needs to pursue a program of disarmament and
continue with initiatives to encourage people to
hand in weapons and strengthen control over
weapons proliferation and improve border security.
It should take the lead in pressing for the
implementation of a binding regional conversion on
small arms to replace the ECOWAS small arms
moratorium. The main observation made here in
relation to Nigeria’s management of her state
security is that, there is lack of a well articulated
policy on internal security. Thus, internal
emergencies are responded to with adhoc
measures in which the emphasis each time is on
the strengthening of the coercive apparatus (the
accumulation of sophisticated hardware) of
government rather than developing the positive
ingredients of internal security. It is felt that a
more lasting and sustainable philosophy of internal
security is one that is based on critical look at the
character of the Nigerian polity with a view to
removing those factors which make for socio-
economic hardship and foster exploitative
relationships within the system. In other words,
Nigeria must learn not to divorce security from the
general conduct of public affairs.
Strategies for Promoting Human Rights
One of the main obstacles to the emergence and
sustenance of a democratic society in Nigeria is the
prevailing lack of respect for the rule of law and
fundamental human rights. The rule of law exists
where and only when the laws to be obeyed are
just and guaranteed the human rights of all
citizens. Where this happens, any individual who
have grievance must have access to the courts
whether his or her grievance is against other
individuals, the state or its functionaries or
government.
All judicial processes must be quickly determined
so that innocent persons do not suffer needlessly
from slow administration of justice. In addition, the
judiciary must be independent from political and
administrative interferences by demonstrating
impartiality and integrity. Obey the law and respect
court judgments and orders. Laws that violate the
rights of citizens must be abolished. Equality
before the law should be upheld irrespective of
status.
In the struggle for human rights, we must make
justiceable the inclusion of people’s socio-economic
rights such as rights to work, education,
healthcare, secured life and to a social, economic
and cultural wellbeing.
■ CHAPTER SEVEN ■
Conclusion
In this book we started by arguing that Nigeria is
an artifact of colonial partition. It rested on three
pillars: the state, as competent manager of the
public realm; a federal character with equilibrated
roles for the three large ethnic communities and
the smaller ethnic minorities and the democratic
process. The adoption of federalism was a
mechanism for managing conflict among its
heterogeneous population. Just as the credibility of
the states management of the public realm was
collapsing, so too was its federal character. The
polity got shamelessly plundered by a succession
of ruler both military and civilian, who lay little
claim on the loyalty of the citizenry.
We also saw the correlation between human rights
conflicts and state security. Nigeria has obligations
under international law to respect, protect and
fulfill human rights. The people vigorously pursue
the campaign for their rights yet their ability to
claim their economic and social rights is impeded
by continued threats to civil and political freedom.
This has led to an atmosphere of insecurity.
Continued misrule has pitted the citizens against
one another and against the state. The politics of
federalism thus led to aggressive sub-nationalism
and challenge of self determination. Since 29th
May, 1999, when Nigeria entered its fourth
republic with pomp and pageantry and with hopes
of establishing a peaceful democratic polity, ethnic,
religious, geo-ethnic and others have punctuated
the political process and rendered extremely fragile
the security of persons, groups and properties.
Today, no less than 100 violent conflicts have
occurred leaving thousands dead, injured and
homeless.
In the foregone chapters, we chronicled how the
climate of insecurity threatens human rights and
vice versa, we also narrated incidences of human
rights conflicts since 1999 and then offered
remedies for varied factors surrounding conflicts,
human rights and state security. Now that the third
term issue has been settled and elections are by
the corner, increased tension and heated political
activities have surfaced. The 2007 elections will
also witness a very high mobilization of disaffection
leading to an overheated political process and
sometimes violence which often is the case, the
challenge however is to ensure that the
competition does not consume the polity in
fruitless bounds of order. A more strategic and
reasoned deployment of security forces in the run
up to the election is necessary to reduce tension
and conflict in violence and priority areas.
Finally, it is the essential objective of this book to
conclude that the opportunity of transition from an
elected civil order to a democratic government has
just begun. Using this unique opportunity requires
steadfast leadership and an unwavering
commitment on the part of both government and
citizens to continue on democratization paths
requiring action and understanding on a range of
issues: how to handle conflict flashpoints in a
democratic way and manner that preserve human
dignity; how to allocate resources more equitably;
how to increase accountability and trust in
government, how to preserve the environment in
oil producing communities, and how to expand
ownership of the political process. Fundamentally,
it requires that the government deliver on the
“democracy dividend”, people’s expectations that
their lives will be better off under a democracy
than they were before and that their immediate
needs for basic infrastructure, reduction of poverty
and security will be met.
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Russel, B. (1979): History of Western Philosophy.
Union Paperbacks.
Sangosanya J.A. and Sha D.P.(2005): Ethno-Religious Violation
Conflicts and Human Rights in
Nigeria, Christian Foundation for
Social Justice and Equity, Niri
Press, Jos.
Tabiu, M. (et al) (1998): “Human Rights and the Prison
System in Nigeria”. Manual for
Prison Officers. A Publication of
the National Human Rights
Commission, Nigeria.
Tanko P.B: “Ethnicity, Religion and the
Survival of Democracy in Nigeria
Challenges in Alemika E.O. (et
al). Ethno-Religious Conflicts and
Democracy in Nigeria:
Challenges Human Right Monitor
Thoreau D.H.: Civil Disobedience, Brooklyn
David Godine.
Toyo, E. (2001): On Human Rights Lecture
delivered under ASUU Human
Rights Committee, 15 Jan., 2001.
UniJos, Jos.
Toyin Falola (1998): Violence in Nigeria: The Crisis of
Religious, Politics and Secular
Ideologies. Rochester University.
Vogt M.A.: “Nigerian Defence Policy: A
Framework for Analysis” in G.O.
Olusanya and R.A. Akindele
(eds) Nigeria’s External
Relations: the first Twenty five
years, Ibadan: UPL Ltd.
Wolfers, A. (1962): Discord and Collaboration
Baltimore John Hopkins.
Documents, Journals, Reports and Monographs
- Constitution of the Federal Republic of Nigeria 1999.
- International Journal, Toronto Vol. 41, No 3, Summer
1986.
- Nigeria Journal of Public Affairs Vol. 7, 1977.
- Journal of Commonwealth and Comparative Studies, 28
(2) 1990.
- Studies in Politics and Society No. 4 Oct., 1985.
- Foreign Affairs Spring 1984.
- CODESRIA, working paper 1/89 Dakar 1989.
- TMG/UNEAD Report on Civic Education Forum:
Combating Election Related Violence: The Role of Civil
Society, Nov., 2001.
- National Consultative Forum, Agenda for Democracy,
1990.
- Institute of Governance and Social Research, Jos Plateau.
Selected Cases of Violent Conflicts (Communal,
Religious and Ethnics) since May, 1999. Chapter three of
this book drew heavily from these reported cases.
- Amnesty International (Jan – Dec 2005) Human Rights
Report, 2006.
- Nigeria: Ten Years On: Injustice Haunts the Oil Delta,
Amnesty International Report (199-2006).
- IDEA, Democracy in Nigeria, Continuing Dialogue (s) for
Nation Building, Stockholm (2001).
- IDASA: Toolkit on Peace Practice in Nigeria Book, ½ and
3 (2004).
- Justice and Equity, July-Sept., 2005. Publication of
Christian Foundation for Social Justice and Equity.
- IDASA: Conflict Tracking Dossier. Toward the 2007
Elections. A Quarterly review. Issue 2, April 2006.
Human Rights Watch: “Jos, A City Torn Apart” Vol. 13,
No.9 (a) – December 2001.
- Human Rights Watch: Testing Democracy: Political
Violence in Nigeria Vol. 15, No. 18 (A) – April 2003.
- Human Rights Watch: Revenge in the Name of Religion,
the Cycle of Violence in Plateau and Kano States. Vol. 17,
no. 8 (A) – May 2005 .
- Civil Liberties Organization (CLO) the Church and
Human Rights: An Education Manual, Dec. 1995.
Magazines/Newspapers
The following newspapers and magazines formed the references
taken from pages 139-153 in the book Nigeria Yesterday and
Today for Tomorrow by J.I. Elaigwu under the topic “Ethnic
Militias and Democracy in Nigeria”. They are: Punch, Thisday,
National Concord, New Nigerian, Post Express, Daily
Independent, Newswatch, Champion, Tell, The News, Vanguard,
The Week/Insider, Source.
Others are:
Tell May 27, 2002.
Eraction Oct. – Dec., 1998.
Insider June 14, 2004.
Democracy Review (CLO Publication) May-Aug. 199.
Tell October 29, 2001.
Liberty Vol. 1 No. 5 Sept., 1999.
Newswatch Dec. 9, 2002.
Tell March 7, 2005.
Tell Feb. 21, 2005.
Newswatch Apil 24, 2006.
Newswatch May 1, 2006.
The News 15 August, 2005.
Thisday 19 June, 2006.
APPENDIX 1
CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA
Right to life 33. – (1) Every person has a right to life, ad no one
shall be deprived intentionally of his life,
save in execution of the sentence of a
court in respect of a criminal offence of
which he has been found guilty in
Nigeria.
(2) A person shall not be regarded as having
been deprived of his life in contravention
of this section, if he dies as a result of the
use, to such extent and in such
circumstances as are permitted by law, of
such force as is reasonably necessary –
(a) For the defence of any person from
unlawful violence or for the defence of
property;
(b) In order to effect a lawful arrest or to
prevent the escape of a person lawfully
detained; or
(c) For the purpose of suppressing a riot,
insurrection or mutiny
Right to dignity 34 - (i) every individual is entitled to respect for
of human person the dignity of his person, and accordingly
(ii) such compulsory national service which
forms part of the education and training of
citizens of Nigeria as may be prescribed
by an Act of the National Assembly.
Right to 35 - (1) Every person shall be entitled to his
personal liberty and no person shall be
Personal Liberty deprived of such liberty save in the
following cases and in accordance with a
procedure permitted by law –
(a) In execution of the sentence or order of a
court in respect of a criminal offence of
which he has been found guilty;
(b) By reason of his failure to comply with
the order of court or in order to secure the
fulfillment of any obligation imposed
upon him by law;
(c) For the purpose of bringing him before a
court in execution of the order of a court
or upon reasonable suspicion of his
having committed a criminal offence or to
such extent as may be reasonably
necessary to prevent his committing a
criminal offence
(a) No person shall be subjected to torture or
to inhuman or degrading treatment;
(b) No person shall be held in slavery or
servitude; and
(c) No person shall be required to perform
forced or compulsory labor
(2) For the purpose of subsection (1) (c) of
this section, “forced or compulsory labor”
does not include
(a) any labor required in consequence of the
sentence or order of a court;
(b) any labor required of members of the
armed forces of the federation of the
Nigeria Police Force in pursuance of their
duties as such;
(c) in the case of persons who have
conscientious objections to service in the
armed forces of the federation, any labor
required instead of such service;
(d) any labor required which is reasonably
necessary in the event of any emergency
or calamity threatening the life or
wellbeing of the community; or
(e) any labor or service that forms part of –
(i) normal communal or other civic
obligations of the wellbeing of the
community.
(d) in the case of a person who has not
attained the age of eighteen years for the
purpose of his education or welfare
(e) in the case of persons suffering from
infectious or contagious disease, persons
of unsound mind, persons addicted to
drugs or alcohol or vagrants, for the
purpose of their care or treatment or the
protection of the community; or
(f) for the purpose of preventing the unlawful
entry of any person into Nigeria or of
effecting the expulsion, extradition or
other lawful removal from Nigeria of any
person or the taking of proceedings
relating thereto: provided that a person
who is charged with an offence and who
has been detained in lawful custody
awaiting trial shall not continue to be kept
in such detention for a period longer than
the maximum period of imprisonment
prescribed for the offence.
(2) Any person who is arrested or detained
shall have the right to remain silent or
avoid answering any question until after
consultation with a legal practitioner or
any other person of his own choice.
(3) Any person who is arrested or detained
shall be informed in writing within
twenty-four hours (and in a language that
he understands) of the facts and grounds
for his arrest or detention.
(4) Any person who is arrested or detained in
accordance with subsection (1) (c)of this
section shall be brought before a court of
law within a reasonable time, and if he is
not tried within a period of –
(a) two months from the date of his arrest or
detention in the case of person who is un
custody or is not entitled to bail; or
(b) three months from the date of his arrest or
detention in the case of a person who has
been released on bail, he shall (without
prejudice to any further proceedings that
may be brought against him) be released
either unconditionally or upon such
conditions as are reasonably necessary to
ensure that he appears for trial at a later
date.
(5) In subsection (4) of this section, the
expression “a reasonable time” means –
(a) in the case of an arrest or detention in any
place where there is a court of competent
jurisdiction within a radius of forty
kilometers, a period of one day; and
(b) in any other case, a period of two days or
such longer period as in the circumstances
may be considered by the court to be
reasonable.
(6) Any person who is unlawfully arrested or
detained shall be entitled to compensation
and public apology from the appropriate
authority or person; and in this
subsection, “The appropriate authority or
person” means an authority or person
specified by law.
(7) Nothing in this section shall be construed
–
(a) in relation to subsection (4) of this
section, as applying in the case of a
person arrested or detained upon
reasonable suspicion of having committed
a capital offence; and
(b) as invalidating any law by reason only
that it authorizes the detention for a
period not exceeding three months of a
member of the armed forces of the
Federation or a member of the Nigerian
Police Force in execution of a sentence
imposed by an officer of the Nigerian
police Force, in respect of an offence
punishable by such detention of which he
has been found guilty.
Right to fair (1) In the determination of his civil rights and
hearing – 36 obligations, including any question or
determination by or against any
government or authority, a person shall be
entitled to a fair hearing within a
reasonable time by a court or other
tribunal established by law and
constituted in such manner as to secure its
independence and impartiality.
(2) Without prejudice to the foregoing
provisions of this section, a law shall not
be invalidated by reason only that it
confers on any government or authority
power to determine questions arising in
the administration of a law that effects or
may effect the civil rights and obligations
of any person if such law –
(a) provides an opportunity for the person
whose rights and obligations may be
effected to make representations to the
administering authority before that
authority makes the decision affecting
that person; and
(b) contains no provision making the
determination of the administering
authority final and conclusive
(3) The proceedings of a court or the
proceedings of any tribunal relating to the
matters mentioned in subsection (1) of
this section (including the announcement
of the decisions of the court or tribunal)
shall be held in public.
(4) Whenever any person is charged with a
criminal offence, he shall, unless the
charge if withdrawn, be entitled to a fair
hearing in public within a reasonable time
by a court or tribunal:
(a) a court or such tribunal may exclude from
its proceedings persons other than the
parties thereto or their legal practitioners
in the interest of defense, public safety,
public order, public morality, the welfare
of person who have not attained the age of
eighteen years, the protection of the
private lives of the parties or to such
extent as it may consider necessary by
reason of special circumstances in which
publicity be contrary to the interests of
justice;
(b) if in any proceedings before a court or
such a tribunal, a minister of the
Government of the Federation or a
Commissioner of the Government of a
state satisfies the court or tribunal that it
would not be in the public interest for any
matter to the public, disclosed, the court
or tribunal shall make arrangements for
evidence relating to that matter to be
heard in private and shall take such other
action as may be necessary or expedient
to prevent the disclosure of the matter.
(5) Every person who is charged with a
criminal offence shall be presumed to be
innocent until he is proved guilty:
Provided that nothing in this section shall
invalidate any law by reason only that the
law imposes upon any such person the
burden of proving particular facts.
(6) Every person who is charged with a
criminal offence shall be entitled to -
(a) be informed promptly in the language that
he understand and in detail of the nature
of the offence;
(b) be given adequate time and facilities for
the preparation of his defense;
(c) defend himself in person or by legal
practitioners of his own choice;
(d) examine, in person or by his legal
practitioners, the witnesses called by the
prosecution before any court or tribunal
and obtain the attendance and carry out
the examination of witnesses to testify on
his behalf before the court or tribunal on
the same conditions as those applying to
the witnesses called by the prosecution;
and
(7) When any person is tried for any criminal
offence, the court or tribunal shall keep a
record of the proceedings and the accused
person or any persons authorized by him
in that behalf shall be entitled to obtain
copies of the judgment in the case within
seven days of the conclusion of the case.
(8) No person shall be held to be guilty of a
criminal offence on account of any act or
omission that did not, at the same time it
took place, constitute such an offence, and
no penalty shall be imposed for any
criminal offence heavier than the penalty
in force at the time the offence was
committed.
(9) No person who shows that he has been
tried by any court of competent
jurisdiction or tribunal for a criminal
offence and either convicted or acquitted
shall again be tried for that offence or for
a criminal offence having the same
ingredients as that offence save upon the
order of a superior court.
(10) No person who shows that he has been
pardoned for a criminal offence shall
again be tried for that offence.
(11) No person who is tried for a criminal
offence shall be compelled to give
evidence at trial
(12) Subject as otherwise provided by this
constitution, a person shall not be
convicted of a criminal offence unless that
offence is defined and the penalty
therefore is prescribed in a written law,
and in this subsection, a written law refers
to an Act of the National Assembly or a
law of a State, subsidiary legislation or
instrument under the provisions of a law.
Right to private – 37 The privacy of citizens, their homes,
and family life correspondence, telephone conversations
and telegraphic communications is hereby
guaranteed and protected.
Right to freedom-38 (1) Every person shall be entitled to freedom
of thought, conscience of thought, conscience and religion,
and religion including freedom to change his religion
or belief, and freedom (either alone or in
community with others, and in public or
private) to manifest and propagate his
religion or belief in worship, teaching,
practice and observance.
(2) No person attending any place of
education shall be required to receive
religious instruction or to take part in or
attend any religious ceremony or
observance of such instruction ceremony
or observance relates to a religion other
than his own, or a religion not approved
by his parent or guardian.
(3) No religious community or denomination
shall be prevented from providing
religious instruction for pupils of that
community or denomination in any place
of education maintained wholly by that
community or denomination.
(4) Nothing in this section shall entitle any
person to form, take part in the activity or
be a member of a secret society.
Right to freedom-39 (1) Every person shall be entitled freedom of
of expression and the expression, including freedom to hold
press opinions and to receive and impart ideas
and information without interference.
(2) Without prejudice to the generality of
subsection (1) of this section, every
person shall be entitled to own, establish
and operate any medium for the
dissemination of information, ideas and
opinions:
Provided that no person, other than the
Government of the Federation or of a
State or any other person or body
authorized by the President on the
fulfillment of conditions laid down by an
Act of the National Assembly, shall own,
establish or operate a television or
wireless broadcasting station for any
purpose whatsoever.
(3) Nothing in this section shall invalidate
any law that is reasonably justifiable in a
democratic society –
(a) for the purpose of preventing the
disclosure of information received in
confidence, maintaining the authority and
independence of courts or regulating
telephony, wireless broadcasting,
television or the exhibition of
cinematograph firms; or
(b) imposing restrictions upon persons
holding office under the Government of
the Federation or of a State, members of
the armed forces of the Federation or
members of the Nigerian Police Force or
other Government security services or
agencies established by law.
Right to peaceful- 40 Every person shall be entitled to assemble
assembly and freely and associate with other persons,
and association and in particular he may form or belong
to any political party, trade union or any
other association for the protection of his
interests:
Provided that the provisions of this
section shall not derogate from the powers
conferred by this constitution on the
Independent National Electoral
Commission with respect to political
parties to which that commission does not
accord recognition.
Rights to – 41 (1) Every citizen of Nigeria is entitled to
freedom of movement move freely throughout Nigeria and to
reside in any part thereof, and no citizen
of Nigeria shall be expelled from Nigeria
or refused entry thereby or exist
therefrom.
(2) Nothing in subsection (1) of this section
shall invalidate any law that is reasonably
justifiable in a democratic society –
(a) imposing restrictions on the residence or
movement of any person who has
committed or is reasonably suspected to
have committed a criminal offence in
order to prevent him from leaving
Nigeria: or
(b) providing for the removal of any person
from Nigeria to any other country to –
(i) be tried outside Nigeria for any criminal
offence, or
(ii) undergo imprisonment outside Nigeria in
execution of the sentence of a court of law
in respect of a criminal offence of which
he has been found guilty:
Provided that there is reciprocal
agreement between Nigeria and such
other country in relation to such matter.
Right to freedom-42 (1) A citizen of Nigeria of a particular
from discrimination community, ethnic group, place of origin,
sex, religion or political opinion shall not,
by reason only that he is such a person –
(a) be subjected either expressly by, or in the
practical application of, any law in force
in Nigeria or any executive or
administrative action of, to disabilities or
restrictions to which citizens of Nigeria of
other communities, ethnic groups, places
of origin, sex, religions or political
opinions are not made subject; or
(b) be accorded either expressly by, or in the
practical application of, any law in force
in Nigeria or any such executive or
administrative action, any privilege or
advantage that is not accorded to citizens
of Nigeria or other communities, ethnic
groups, places of origin, sex, religions or
political opinions.
(2) No citizen of Nigeria shall be subjected to
any disability or deprivation merely by
reason of the circumstances of his birth.
(3) Nothing in subsection (1) of this section
shall invalidate any law by reason only
that the law imposes restrictions with
respect to the appointment of any person
to any office under the State or as a
member of the armed forces of the
Federation or member of the Nigerian
Police Force or to an office in the service
of a body corporate established directly
by any law in force in Nigeria.
Right to acquire-43 (1) Subject to the provisions of this
and own immovable Constitution, every citizen of Nigeria
property shall have the right to acquire and own
immovable property anywhere in Nigeria
Compulsory – 43 (1) No moveable property or any interest in
acquisition of an immovable property shall be taken
property possession of compulsorily and no right
over or interest in any such property shall
be acquired compulsorily in any part of
Nigeria except in the manner and for the
purposes prescribed by a law that, among
other things –
(a) requires the prompt payment of
compensation therefore and
(b) gives to any person claiming such
compensation a right of access for the
determination of his interest in the
property and the amount of compensation
to a court of law or tribunal or body
having jurisdiction in that part of Nigeria.
(2) Nothing in subsection (1) of this section
shall be construed as affecting any general
law -
(a) for the imposition or enforcement of any
tax, rate or duty;
(b) for the imposition of penalties or
forfeitures for the breach of any law,
whether under civil process or after
conviction for an offence;
(c) relating to leases, tenancies, mortgages,
changes bills of sale or any other rights or
obligations arising out of contracts;
(d) relating to the vesting and administration
of the property of persons adjudged or
otherwise declared bankrupt or insolvent
of persons of unsound mind or deceased
persons and of corporate or incorporate
bodies in the course of being wound-up;
(e) relating to the execution of judgments or
orders of court;
(f) providing for the taking of possession of
property that is in a dangerous state or is
injurious to the health of human beings,
plants or animals;
(g) relating to enemy property;
(h) relating to trusts and trustees;
(i) relating to limitation of actions;
(j) relating to property vested in bodies
corporate directly established by any law
in force in Nigeria
(k) relating to the temporary taking of
possession of property for the purpose of
any examination, investigation or enquiry;
(l) providing for the carrying out of work on
land for the purpose of soil-conservation
or
(m) subject to prompt payment of
compensation for damage of buildings,
economic trees or crops, providing for
any authority or person to enter, survey or
dig any land, or to lay, install or erect
poles, cables, writes, pipes or other
conductors or structures on any land, in
order to provide or maintain the supply or
distribution of energy, fuel, water,
sewage, telecommunication services or
other public facilities or public utilities.
(3) Notwithstanding the foregoing provisions
of this section, the entire property in and
control of all minerals, mineral oils and
natural gas in, under or upon any land in
Nigeria or in, under or upon the territorial
waters and the Exclusive Economic Zone
of Nigeria shall vest in the Government of
the Federation and shall be managed in
such manner as may be prescribed by the
National Assembly.
Restriction on– 45 (1) Nothing in derogation from section 37,
and derogation from 38, 29, 40 and 41 of this constitution shall
fundamental rights invalidate any law that is reasonable
justifiable in a democratic society -
(a) in the interest of defence, public safety,
public order public morality or public
health; or
(b) for the purpose of protecting the rights
and freedom of other persons.
(2) An act of the National Assembly shall not
be invalidated by reason only that it
provides for the taking, during periods of
emergency, of measures that derogate
from the provisions of section 33 or 35 of
this constitution; but no such measures
shall be taken in pursuance of any such
Act during any period of emergency save
to the extent that those measures are
reasonably justifiable for the purpose of
dealing with the situation that exists
during that period of emergency:
Provided that nothing in this section shall
authorize any derogation from the
provisions of section 33 of this
constitution, except in respect of death
resulting from acts of war or authorize
any derogation from the provisions of
section 36 (8) of this constitution.
Special jurisdiction-46(1) Any person who alleges that any of the
Of the High Court and provisions of this chapter has been, is
legal aid being or likely to be contravened in any
State in relation to him may apply to a
High Court in that State for redress.
(2) Subject to the provisions of this
constitution, a high court shall have
original jurisdiction to hear and determine
any application made to it in pursuance of
the provision of this section and may
make such orders, issue such rights and
give such directions as it may consider
appropriate for the purpose of enforcing
or securing the enforcement within that
State of any right to which the person who
makes the application may be entitled
under this chapter.
(3) The Chief Justice of Nigeria may make
rules with respect to the practice and
procedure of a High Court for the
purposes of this section.
(4) The National Assembly –
(a) may confer upon a High Court such
powers in addition to those conferred by
this section as may appear to the National
Assembly to be necessary or desirable for
the purpose of enabling the court more
effectively to exercise the jurisdiction
conferred upon it by this section; and
(b) shall make provisions –
(i) for the rendering of financial assistance to
any indigent citizen of Nigeria where his
right under this chapter has been infringed
or with a view to enabling him to engage
the services of a legal practitioners to
prosecute his claim, and
(ii) for ensuring that allegations of
infringement of such rights are substantial
and the requirement or need for financial
or legal aid is real.
APPENDIX II
AFRICAN CHARTER ON HUMAN PEOPLE’S RIGHTS,
ADOPTED JUNE 27, 1981
Preamble
The African States members of the Organization of African
Unity, parties to the present convention entitled “African
Charter on Human and Peoples’ Rights”.
Recalling Decision 115 (XVI) of the Assembly of Heads of
State and Government at its sixteenth Ordinary Session held
in Monrovia, Liberia, from 17 to 20 July, 1979 on the
preparation of a “preliminary draft on an African Charter on
Human and Peoples’ Rights providing inter alia for the
establishment of bodies to promote and protect human and
peoples’ rights”.
Considering the Charter of the Organization of African
Unity, which stipulates that “freedom, equality, justice and
dignity are essential objectives for the achievement of the
legitimate aspirations of the African peoples”.
Reaffirming the pledge they solemnly made in Article 2 of
the said Charter to eradicate all forms of colonialism from
Africa, to coordinate and intensify their cooperation and
efforts to achieve a better life for the peoples of Africa and to
promote international cooperation having due regard to the
Charter of the United Nations and the Universal Declaration
of Human Rights:
Taking into consideration the virtues of their historical
tradition and the values of African civilization which should
inspire and characterize their reflection on the concept of
human and peoples’ rights.
Recognizing on the other hand, that fundamental human
rights stem from the attributes of human beings which
justifies their national and international protection and on the
other hand that the reality and respect of peoples rights
should necessarily guarantee human rights.
Considering that the enjoyment of right and freedoms also
implies the performance of duties on the part of everyone.
Convinced that it is henceforth essential to pay a particular
attention to the right to development and that civil and
political rights cannot be dissociated from economic, social
and cultural rights in their conception as well as university
and that the satisfaction of economic, social and cultural
rights is a guarantee for the enjoyment of civil and political
rights.
Conscious of their duty to achieve the total liberation of
Africa, the people of which are still struggling for their
dignity and genuine independence, and undertaking to
eliminate colonialism, neocolonialism, apartheid, Zionism
and to dismantle aggressive foreign military bases and all
forms of discrimination particularly those based on race,
ethnic group, color, sex language, religion or political
opinions.
Reaffirming their adherence to the principles of human and
peoples’ rights and freedoms contained in the declarations,
conventions and other instrument adopted by the
Organization of African Unity, the Movement of Non-
Aligned Countries and the United Nations.
Firmly convinced of their duty to promote and protect
human and peoples rights and freedoms taking into account
the importance traditionally attached to these rights and
freedoms in Africa.
Have agreed as follows:
Article 1
The Member State of the Organization of African Unity,
Parties to the present Charter shall recognize the rights,
duties and freedoms enshrined in this Chapter and shall
undertake to adopt legislative or other measures to give
effect to them.
Article 2
Every individual shall be entitled to the enjoyment of the
right and freedoms recognized and guaranteed in the present
Charter without distinction of any kind such as race, ethnic
group, color, sex, language, religion, political or any other
opinion, national and social origin, birth or other status.
Article 3
Every individual shall be equal before the law. Every
individual shall be entitled to equal protection of the law.
Article 4
Human beings are inviolable. Every human being shall be
entitled to respect his life and the integrity of his person. No
one may be arbitrarily deprived of his right.
Article 5
Every individual shall have the right to the respect of the
dignity inherent in a human being and to the recognition of
his legal status. All forms of exploitation and degradation of
man particularly slavery, slave trade, torture, cruel, inhuman
or degrading punishment and treatment shall be prohibited.
Article 6
Every individual shall have the right to liberty and to the
security of his person. No one may be deprived of his
freedom except for reasons and conditions previously laid
down by law. In particular, no one may be arbitrarily
arrested or detained.
Article 7
1. Every individual shall have the right to have his case
heard.
This comprises:
a. The right to an appeal to competent national organs
against acts of violating his fundamental rights as
recognized and guaranteed by conventions, laws,
regulations and customs in force.
b. The right to be presumed innocent until proved guilty
by a competent court or tribunal.
c. The right to defence, including the right to be
defended by Counsel of his choice.
d. The right to be tried within a reasonable time by an
impartial court or tribunal.
2. No one may be condemned for an or omission which
did not constitute a legally punishable offence at the
time it was committed. No penalty may be inflicted
for an offence for which no provision was made at
the time it was committed. Punishment is personal
and can be imposed only on the offender.
Article 8
Freedom of conscience, the profession and free practice of
religion shall be guaranteed. No one may subject to law and
order, be submitted to measures restricting the exercise of
these freedoms.
Article 9
1. Every individual shall the right to receive
information.
2. Every individual shall have the right to express and
disseminate his opinions within the law.
Article 10
1. Every individual shall have the right to free
association provided that he abides by the law.
2. Subject to the obligation of solidarity provided for I
29, no one may be compelled to join an association.
Article 11
Every individual shall have the right to assemble freely with
others. The exercise of this right shall be subject only to
necessary restrictions provided for by law in particular those
enacted in the interest of national and security, the safety,
health, ethics and rights and freedom of others.
Article 12
1. Every individual shall have the right to freedom of
movement and residence within the borders of a State
provided he abides by the law.
2. Every individual shall have the right to leave any
country including his own, and to return to his
country. This right may only be subject to
restrictions, provided for by law for the protection of
national security, law and order, public health or
morality.
3. Every individual shall have the right, when
persecuted, to seek and obtain asylum in other
countries in accordance with laws of those countries
and international conventions.
4. A non-national legally admitted in a territory of a
State Party to the present Charter, may only be
expelled from it by virtue of a decision taken in
accordance with the law.
5. The mass expulsion of non-nationals shall be
prohibited. Mass expulsion shall be that which is
aimed at national, racial, ethnic or religious or
groups.
Article 13
1. Every citizen shall have the right to participate freely
in the government of his country, either directly or
through freely chosen representatives in accordance
with the provisions of the law.
2. Every citizen shall have the right of equal access to
the public service of his country.
3. Every individual shall have the right of access to
public property and services ins strict equality of all
persons before the law.
Article 14
The right to property shall be guaranteed. It may only be
encroached upon in the interest of public need or in the
general interest of the community and in accordance with the
provisions of appropriate laws.
Article 15
Every individual shall have the right to work under equitable
and satisfactory conditions and shall receive equal pay for
equal work.
Article 16
1. Every individual shall have the right to enjoy the best
attainable state of physical and mental health.
2. States parties to the present Charter shall take the
necessary measures to protect the health of their
people and to ensure that they receive medical
attention when they are sick.
Article 17
1. Every individual shall have the right to education.
2. Every individual may freely take part in the cultural
life of his community.
3. The promotion and protection of morals and
traditional values recognized by the community shall
be the duty of the State.
Article 18
1. The family shall be the natural unit and basis of
society. It shall be protected by the State which shall
take care of its physical health and moral.
2. The State shall have the duty to assist the family
which is the custodian of morals and traditional
values recognized by the community.
3. The State shall ensure the elimination of every
discrimination against women and also ensure the
protection of the rights of the woman and the child as
stipulated in international declarations and
conventions,
4. The aged and the disabled shall also have the right to
special measures of protection in keeping with their
physical or moral needs.
Article 19
All peoples shall be equal; they shall enjoy the same respect
and shall have the same rights. Nothing shall justify the
domination of a people by another.
Article 20
1. All peoples shall have the right to existence. They
shall have the unquestionable and inalienable right to
self-determination. They shall freely determine their
political status and shall pursue their economic and
social dev elopement according to the policy they
have freely chosen.
2. Colonized or oppressed peoples shall have the right
to free themselves from the bonds of domination by
resorting to any means recognized by the
international community.
3. All peoples shall have the right to the assistance of
the States Parties to the present Charter in their
liberation struggle against foreign domination, be it
political, economic or cultural.
Article 21
1. All peoples shall freely dispose of their wealth and
natural resources. This right shall be exercised in the
exclusive interest of the people. In no case shall a
people be deprived of it.
2. In case of spoliation, the dispossessed people shall
have the right to the lawful recovery of its property as
well as to an adequate compensation.
3. The free disposal of wealth and natural resources
shall be exercised without prejudice to the obligation
of promoting international economic cooperation
based on mutual respect, equitable exchange and the
principles of international law.
4. States Parties to the present Charter shall individually
and collectively exercise the right to free disposal of
their wealth and natural resources with a view to
strengthening African unity and solidarity.
5. States parties to the present Charter shall undertake to
eliminate all forms of foreign economic exploiation
particularly that practiced by international
monopolies so as to enable their peoples to fully
benefit from the advantages derived from their
national resources.
Article 22
1. All peoples shall have the right to their economic,
social and cultural development with due regard to
their freedom and identity and in the equal enjoyment
of the common heritage of mankind.
2. States shall have the duty, individually or
collectively, to ensure the exercise of the right to
development.
Article 23
1. All peoples shall have the right to national and
international peace and security. The principles of
solidarity and friendly relations implicitly affirmed
by the Charter of the United Nations and reaffirmed
by that of the Organization of African Unity shall
govern relations between States.
2. For the purpose of strengthening peace, solidarity and
friendly relations, States Parties to the present
Charter shall ensure that:
a. Any individual enjoying the right of asylum under 12
of the present Charter shall not engage in subversive
activities against his country of origin or any other
State Party to the present Charter.
b. Their territories shall not be used as bases for
subversive or terrorist activities against the people of
any other State Party to the present Charter.
Article 24
All peoples shall have the right to a general satisfactory
environment favorable to their development.
Article 25
States Parties to the present Charter shall have the duty to
promote and ensure through teaching education and
publication, the respect of the rights and freedoms contained
in the present charter and to see to it that these freedoms and
rights as well s corresponding obligations and duties are
understood.
Article 26
States Parties to the present Charter shall have the duty to
guarantee the independence of the courts, and shall allow the
establishment and improvement of appropriate national
institutions entrusted with the promotion and protection of
the rights and freedoms guaranteed by the present Charter.
CHAPTER II – DUTIES
Article 27
1. Every individual shall have duties towards his family
and society, the State and other legally recognized
communities and the international community.
2. The rights and freedoms of each individual shall be
exercised with due regard to the rights of others,
collective security, morality and common interest.
Article 28
Every individual shall have the duty to respect and consider
his fellow beings without discrimination and to maintain
relations aimed at promoting, safeguarding and reinforcing
mutual respect and tolerance.
Article 29
The individual shall also have the duty:
1. To preserve the harmonious development of the
family and to work for the cohesion and respect of
the family; to respect his parents at all times, to
maintain them in case of need;
2. To serve his national community by placing his
physical and intellectual abilities at its service.
3. Not to compromise the security of the state whose
national or resident he is.
4. To preserve and strengthen social and national
solidarity, particularly when the latter is threatened.
5. To preserve and strengthen the national independence
and the territorial integrity of his country and to
contribute to its defence in accordance with the law.
6. To work to the best of his abilities and competence,
and to pay taxes imposed by law in the interest of the
society.
7. To preserve and strengthen positive African cultural
values in his relations with other members of the
society, in the spirit of tolerance, dialogue and
consultation and, in general to contribute to the
promotion of the moral wellbeing of society.
8. To contribute to the best of his abilities, at all times
and at all levels, to the promotion and achievement of
African unity.
APPENDIX III
UNITED NATIONS CHARTER ON HUMAN RIGHTS
1948
On December 10, 1948 the General Assembly of the
United Nations adopted and proclaimed the Universal
Declaration of Human Rights the full text of which
appears in the following pages. Following this historic
act, the Assembly called upon all Member countries to
publicize the text of the Declaration and “to cause it to be
disseminated, displayed, read and expounded principally
in schools and other educational institutions, without
distinction based on the political status of countries or
territories”.
PREAMBLE
Whereas recognition of the inherent dignity and of the
equal and inalienable rights of all members of the human
family is the foundation of freedom, justice and peace in
the world.
Whereas disregard and contempt for human rights have
resulted in barbarous acts which have outraged the
conscience of mankind, and the advent of a world in
which human beings shall enjoy freedom of speech and
belief and freedom from fear and want has been
proclaimed as the highest aspiration of the common
people.
Whereas it is essential, if man is not to be compelled to
have recourse, as a last resort, to rebellion against
tyranny and oppression, that human rights should be
protected by the rule of law,
Whereas the peoples of the United Nations have in the
Charter reaffirmed their faith in fundamental human
rights, in the dignity and worth of the human person and
in the equal rights of men and women and have
determined to promote social progress and better
standards of life in larger freedom,
Whereas Member States have pledged themselves to
achieve, in cooperation with the United Nations, the
promotion of universal respect for and observance of
human rights and fundamental freedoms,
Whereas a common understanding of these rights and
freedoms is one of the greatest importance for the full
realization of this pledge.
Now, therefore THE GENERAL ASSEMBLY
proclaims THIS UNIVERSAL DECLARATION OF
HUMAN RIGHTS as a common standard of
achievement for all peoples and all Nations, to the end
that every individual and every organ of society, keeping
this Declaration constantly in mind, shall strive by
teaching and education to promote respect for these
rights and freedoms and by progressive measures
national and international, to secure their universal and
effective recognition and observance, both among the
people of Member States themselves and among the
peoples of territories under their jurisdiction.
Article 1
All human beings are born free and equal in dignity and
rights. They are endowed with reason and conscience and
should act towards one another in a spirit of brotherhood.
Article 2
Everyone is entitled to all the rights and freedoms set
forth in this Declaration, without distinction of any kind,
such as race, color, sex, language, religion, political or
other opinion, national or social origin, property, birth or
other status. Furthermore, no distinction shall be made on
the basis of the political, jurisdictional or international
status of the country or territory to which a person
belongs, whether it be independent, trust, non-governing
or under any other limitation of sovereignty.
Article 3
Everyone has the rights to life, liberty and security of
person.
Article 4
No one shall be held in slavery or servitude; slavery and
the slave trade shall be prohibited in all their forms.
Article 5
No one shall be subjected to torture or to cruel, inhuman
or degrading treatment or punishment.
Article 6
Everyone has the right to recognition everywhere as a
person before the law.
Article 7
All are equal before the law and are entitled without any
discrimination to equal protection of the law. All are
entitled to equal protection against any discrimination in
violation of this Declaration and against any incitement
to such discrimination.
Article 8
Everyone has the right to an effective remedy by the
competent national tribunals for acts violating the
fundamental rights granted him by the constitution or by
law.
Article 9
No one shall be subjected to arbitrary arrest, detention or
exile.
Article 10
Everyone is entitled in full equality to a fair and public
hearing by an independent and impartial tribunal, in the
determination of his rights and obligations and of any
criminal charge against him.
Article 11
(1) Everyone charged with a penal offence has the right
to be presumed innocent until proved guilty
according to law in a public trial at which he had all
the guarantee necessary for his defence.
(2) No one shall be held guilty of any penal offence on
account of any act or omission which did not
constitute a penal offence, under national or
international law, at the time when it was committed.
Nor shall a heavier penalty by imposed than the one
that was applicable at the time penal offence was
committed.
Article 12
No one shall be subjected to arbitrary interference with his
privacy, family, home or correspondence, nor to attacks upon
his honor and reputation. Everyone has the right to the
protection of the law against such interference or attacks.
Article 13
(1) Everyone has the right to freedom of movement and
residence within the borders of each state.
(2) Everyone has the right to leave any country,
including his own to return to his country.
Article 14
(1) Everyone has the right to seek and to enjoy in other
countries asylum from persecution.
(2) This right may not be invoked in the case of
prosecutions genuinely arising from non-political
crimes or from acts contrary to the purposes and
principles of the United Nations.
Article 15
(1) Everyone has the right to a nationality.
(2) No one shall be arbitrarily deprived of his nationality
nor denied the right to change his nationality.
Article 16
(1) Me and women of full age, without any limitation
due to race, nationality or religion, have the right to
marry and to found a family. They are entitled to
equal rights as to marriage, during marriage and at its
dissolution.
(2) Marriage shall be entered into only with the free and
full consent of the intending spouses.
(3) The family is the natural and fundamental group unit
of society and is entitled to protection by society and
the State.
Article 17
(1) Everyone has the right to own property alone as well
as in association with others.
(2) No one shall be arbitrarily deprived of his property.
Article 18
Everyone has the right to freedom of thought, conscience
and religion; this right includes freedom to change his
religion or belief, and freedom either alone or in community
with others and in public or change his religion or belief, and
freedom, either alone or in community with others and in
public or private, to manifest his religion or belief in
teaching, practice, worship and observance.
Article 19
Everyone has the right to freedom of opinion and expression;
this right includes freedom to hold opinions without
interference and to seek, receive and impact information and
ideas through any media and regardless of frontiers.
Article 20
(1) Everyone has the right to freedom of peaceful
assembly and association.
(2) No one may be compelled to belong to an
association.
Article 21
(1) Everyone has the right to take part in the government
if his country directly or through freely chosen
representatives.
(2) Everyone has the right of equal access to public
service in his country.
(3) The will of the people shall be the basis of the
authority of government; this will shall be expressed
in periodic and genuine elections which shall be by
universal ad equal suffrage and shall be held by
secret vote or by equivalent free voting procedures.
Article 22
Everyone as a member of society, has the right to social
security and is entitled to realization, through national effort
and international cooperation and in accordance with the
organization and resources of each State, of the economic,
social and cultural rights indispensable for his dignity and
the free development of his personality.
Article 23
(1) Everyone has the right to work, to free choice of
employment, to just and favorable conditions of work
and to protection against unemployment.
(2) Everyone, without any discrimination, has the right to
equal pay for equal work.
(3) Everyone who works has the right to just and
favorable remuneration ensuring for himself and his
family an existence worthy of human dignity, and
supplemented, if necessary, by others means of social
protection.
(4) Everyone has the right to form and to join trade
unions for the protection of his interests.
Article 24
Everyone has the right to rest and leisure including
reasonable limitation of working hours and periodic holidays
with pay.
Article 25
(1) Everyone has the right to a standard of living
adequate for the health and wellbeing of himself and
of his family, including food, clothing, housing and
medical care and necessary social services and the
rights to security in the event of unemployment,
sickness, disability, widowhood, old age or other lack
of livelihood in circumstances beyond his control.
(2) Motherhood and childhood are entitled to special care
and assistance. All children, whether born in or out of
wedlock, shall enjoy the same social protection.
Article 26
(1) Everyone has the right to education. Education shall
be free, at least in the elementary and fundamental
stages. Elementary education shall be compulsory.
Technical and professional education shall be made
generally accessible to all on the basis of merit.
(2) Education shall be directed to the full development of
the human personality and to the strengthening of
respect for human rights and fundamental freedoms.
It shall promote understanding, tolerance and
friendship among all nations, racial or religious
groups, and shall further the activities of the United
Nations for the maintenance of peace.
(3) Parents have a prior right to choose the kind of
education that shall be given to their children.
Article 27
(1) Everyone has the right freely to participate in the
cultural life of the community, to enjoy the arts and
to share in scientific advancement and its benefits.
(2) Everyone has the right to the protection of the moral
and material interests resulting from any scientific,
literacy or artistic production of which he is the
author.
Article 28
Everyone is entitled to a social and international order in
which the rights and freedoms set forth in this
Declaration can be fully realized.
Article 29
(1) Everyone has duties to the community in which lone
the free and full development of his personality is
possible.
(2) In the exercise of his rights and freedoms, everyone
shall be subject only to such limitations as are
determined by law solely for the purpose of securing
due recognition and respect for the rights and
freedoms of others and of meeting the just
requirements of morality, public order and the
general welfare in a democratic society.
(3) These rights and freedoms may in no case be
exercised contrary to the purposes and principles of
the United Nations.
Article 30
Nothing in this Declaration may be interpreted as implying
for any State, group or person any right to engage in any
activity or to perform any act aimed at the destruction of any
of the rights and freedoms set forth therein.