Politics
…warns against self-help, civil rights clampdown
THE Human Rights Writers Association of Nigeria (HURIWA) has strongly criticized the Nigerian military’s invitation to Amnesty International to substantiate its claims of 10,000 civilian deaths in military detention, describing the action as illegal and a potential misuse of power. HURIWA insisted that such an invitation undermines the principles of democracy and the rule of law, warning against any move that might suppress civil rights or bypass legal avenues.
The controversy began when Amnesty International alleged, during a press conference in Maiduguri on December 5, that over 10,000 civilians had died in military detention since the onset of the Boko Haram insurgency in Nigeria’s North East. The military’s response, articulated through a statement by the Director of Defence Media Operations, Major-General Edward Buba, dismissed the allegations as “malicious, shocking, lacking in merit, and mischievous.”
In its rebuttal, the military emphasized its adherence to international humanitarian law and rules of engagement, asserting that it conducts operations professionally and avoids civilian casualties. Major-General Buba also highlighted the existence of court martials within operational theaters to address any misconduct among personnel. However, the invitation to Amnesty International to present evidence was viewed by HURIWA as a deeply flawed approach.
Reacting to the invitation, HURIWA, challenged the legal basis for such a move, stating that the military is not a court of law as defined under Section 6 of the Nigerian Constitution. “The armed forces’ invitation to Amnesty International to substantiate allegations is an unconstitutional act that oversteps their role and jurisdiction. The military is not a judicial authority empowered to determine the authenticity of claims or conduct inquiries on behalf of the state,” HURIWA said in a statement.
HURIWA further argued that any grievances regarding Amnesty International’s allegations should be addressed through established legal and judicial processes. “Nigeria is a constitutional democracy, and every institution must operate within the bounds of the law. If the military feels aggrieved by Amnesty International’s claims, the appropriate response is to approach the courts for redress, not to initiate self-help mechanisms,” the statement added.
The rights group also expressed concerns about the broader implications of the military’s approach, warning that such actions could signal an attempt to clamp down on civil liberties and stifle legitimate criticism. HURIWA emphasized that the invitation, framed as a demand for evidence, could potentially intimidate civil society organizations and discourage them from holding the government accountable.
“Amnesty International’s work is to spotlight human rights violations and advocate for justice, which is critical for any democratic society. The military’s invitation risks creating a chilling effect that discourages other rights groups from performing their duties. This approach undermines the fundamental rights guaranteed under Chapter IV of the Nigerian Constitution,” HURIWA warned.
HURIWA stressed that the rule of law must remain the cornerstone of any action taken by state institutions, including the military. The group pointed out that allegations of human rights violations are serious matters that require impartial investigations, ideally conducted by independent judicial or quasi-judicial bodies, not the accused institution.
“It is deeply concerning that the military appears to be acting as judge and jury in a matter where its own conduct is under scrutiny. This approach erodes public trust and sets a dangerous precedent for impunity,” HURIWA stated.
While reiterating its commitment to supporting the military’s constitutional role in safeguarding national security, HURIWA called for greater transparency and accountability in addressing allegations of human rights violations. The organization urged the federal government to establish an independent commission of inquiry to investigate Amnesty International’s claims and other similar allegations comprehensively.
HURIWA also advised the military to cooperate fully with any such investigations and to use the findings as an opportunity to demonstrate its commitment to upholding human rights and the rule of law.
“As the controversy continues to unfold, HURIWA’s intervention serves as a reminder that democratic governance thrives on adherence to the rule of law, respect for civil liberties, and the independence of institutions. Our stance underscores the need for the Nigerian military to address allegations constructively, ensuring that actions taken align with constitutional provisions and international best practices,” the statement informed
While the military’s dedication to protecting Nigeria’s sovereignty and security is commendable, HURIWA insisted that this commitment must not come at the expense of civil liberties or the rule of law. The group warned that any attempt to suppress dissent or intimidate civil society organizations would be met with robust resistance from advocates of democracy and human rights, Emmanuel Onwubiko, national coordinator, Human Rights Writers Association of Nigeria (HURIWA)
December 8.
8th December, 2024.C.E
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