The National Human Rights Commission (NHRC) has indicted the Nigerian Army and the Department of State Services (DSS) for their role in the killing of eight people in the Apo District of the Federal Capital Territory on September 20, 2013.
The commission, through its Chairman, Professor Chidi Odinkalu, said the Army and the DSS failed to prove that the eight persons killed and 11 others injured due to an attack launched by the security operatives in Apo, in the Federal Capital Territory Abuja, were members of Boko Haram.
In the report read by Odinkalu for about two hours, the commission said there was no credible evidence to suggest or show that the victims were members of Jama’atu ahlus sunnah lid da’awati wal jihad also known as “Boko Haram”, JALISWAJ or involved in direct participation in hostilities.
On that basis, Odinkalu said that they were protected, civilian non-combatants.
The DSS had on September 18, 2013, allegedly received intelligence report that there was a planned attack on unspecified areas in Abuja.
Following the intelligence report, the DSS arrested three persons, who, under interrogation, disclosed that they had a leader in Abuja called Suleiman (also known as “R’Kelly”) as the arrowhead of the planned terror attacks under the auspices of the Jama’atu ahlus sunnah lid da’awati wal jihad JALISWAJ (also known as Boko Haram) and that they could identify and lead the security services to him.
One of the detainees also confessed that the group had weapons (four AK-47 rifles) that were buried in the cemetery in Apo.
This had prompted security operation which was conducted by the DSS with the assistance of the Nigerian Army on September 20.
Shortly after midnight, the security agents allegedly arrived at the cemetery in Gudu to commence digging with two of their informants but were unable to recover any weapons. The informants then led the agents to an uncompleted residential building where their alleged leader, Suleiman R’Kelly, resided. The security agents were allegedly met with fire, which they returned. The shooting lasted over 30 minutes.
Seven men had died during the operation from gunshot-related wounds; another died in hospital for bullet injuries, and 11 other men were hospitalized for injuries received during the encounter.
A few days after the killings, Global Rights, a non-governmental organisation working for the advancement of human rights in Nigeria, filed petition to the commission challenging the legality of the deaths in Apo.
On September 21, another NGO, the Human Rights Law Service (HURI-LAWS), filed a separate complaint with the commission alleging that the killings referred to in the DSS release were unlawful and that the persons killed were innocent squatters unconnected with the JALISWAJ.
After hearing from parties in the case, the commission in its findings said, “The defence of self-defence asserted by the respondents is not supported by the facts or evidence.
“Taking account of all the circumstances in this case, the application of lethal force was disproportionate and the killings of the eight deceased persons as well as the injuries to the 11 survivors were unlawful.
“There is no basis in law for confining detainees freed by the respondents to internal banishment.”
The commission however ordered the awards of the sum of N10million as compensation for each of the deceased or N80 million in respect of the eight deceased persons.
It also awards to each of the injured survivors the sum of N5 million or a total of N55 million against the respondents.
The commission ordered the attorney-general of the federation and minister of justice to ensure that evidence of payment is lodged with the registry of the National Human Rights Commission within 30 days of the present decision.
It further restrained the DSS and the Nigerian Army from the use of administrative banishment against any of the survivors.
Furthermore, it ordered that all the respondents shall undertake a review and harmonisation of the Rules of Engagement governing the operations of security agencies to bring them into compliance with the applicable rules of international humanitarian law governing non-international armed conflicts.
It further requires that the respondents shall file a certified text of the harmonized and updated Rules of Engagement with the secretariat of the National Human Rights Commission within two months of the present decision.
The commission stated that in accordance with section 22(1) of the National Human Rights Commission Act (as amended), it shall register this report and decision for enforcement with the Federal High Court in the Federal Capital Territory.
But the Senate had in November last year said the killing of eight people and wounding of 11 others in an uncompleted building in Apo, Abuja, by security agents was not a case of extra-judicial killing, but the outcome of a hastily executed operation.
Again, it confirmed the existence of a Boko Haram cell in Abuja planning to carry out terrorist activities in the area.
Source: Leadership
December 25, 2013, 12:20:01 PM