By Dr. Fred Latimore Oghenesivbe Esq (EA Communications).
Let me state from the outset that Delta State Government and the State Governor, Senator Dr Ifeanyi Arthur Okowa, value human lives and adheres strictly to constitutional provisions in matters relating to fundamental human rights as enshrined in Chapter four of the Constitution of the Federal Republic of Nigeria, 1999, as amended.
It is also necessary to state clearly that the lockdown in Delta was as a result of Covid-19 pandemic prevention. It was not meant to unnecessarily restrict movements of citizens, but a proactive safety measure to ensure that Covid-19 does not rear it's ugly head in the state.
In the light of the above, government genuine efforts to prevent Coronavirus pandemic in Delta must be viewed from scientific and human safety perspectives, devoid of political considerations and misconception; so as to capture the very essence of the unavoidable lockdown currently in force in the state.
It must be stated unequivocally that to ensure compliance, security agencies have their constitutional roles to play in ensuring that the "stay at home order," being a preventive panacea is obeyed while deviants and law breakers are to face the consequences of their disobedience through arrests and prosecution, where necessary.
Security personnel actions and inactions must be devoid of human rights violations especially assaults occasioning bodily harm or needless extra judicial killimgs. A society without law and order becomes vulnerable and anarchy may loose upon it, but security operations must be done with regard to substantive laws, constitutional provisions and orders from superiors aimed at security of lives and property, as well as maintain law and order.
On their part, security personnel are to apply conventional and professional rules of engagement; adhere to their mandate and official orders from superiors. Briefing contains the various security enforcement strategies; for which human right is central and must be considered in every decision while carrying out assigned responsibility of ensuring security of lives and property.
It follows that security agencies including military personnel must not violate human rights which encompasses the preservation of the dignity of citizens while exceptions to the rule must apply with caution and professional tact. Therefore, military personnel should realise that they are meant to protect civilian citizens and not their superiors alone.
The military is to protect the land boarders of our nation to avoid foreign invasion and to war against external enemies on the orders and declarations of the Commander-in-Chief of the Armed Forces. They must not see civilian citizens as second or third class citizens.
Military high command in Nigeria must of a necessity ensure that human rights violations are completely stopped.This can be achieved through the introduction of compulsory Human Rights courses in military training camps with emphasis on chapter four of the constitution and other subsisting laws; state, federal and international enactments.
The Nigerian military personnel are to a large extent not friendly. They see civilian citizens as inferior people. Often times they treat them with absolute disdain and uses every available opportunity to violate rights of civilian citizens. There must be a paradigm shift, going forward.
In November 2019, Captain Veronica Williams, Nigerian Army Human Rights Desk Officer, disclosed that her office received 350 alleged human rights violation complaints against its personnel in three years; 2017, 2018 and 2019.
She made the disclosure at a forum in Abuja, with the theme "Strengthening Civil-Military Relations, Accountability and Human Rights in Nigeria. The event was organised by CLEEN Foundation, in collaboration with National Human Rights Commission and Institute for Peace and Conflicts Resolution.
According to media reports, Capt. Williams said that the desk was established in February 2016, in response to alleged human rights violations by troops of the Nigerian Army in counter insurgency and internal security operations in the country.
Williams, who was represented by Juliana Aboki, an investigator with the department, said that the complaints received include: extra judicial killings, assault, threat to life, unlawful arrest, spouse and children abandonment among others.
“Assault, torture, cruel, inhumane and degrading treatment received the highest complaints with 15 per cent.
“Spouse and children abandonment, denial of access to children received 11.4 per cent, while unlawful dismissal from service and Nigerian Army courses received 11 per cent.
“Trespass, unlawful eviction and compulsory acquisition had 10.9 per cent, while unlawful arrest, detention and enforced disappearance received 10.6 per cent complaints among others,” she said.
"The desk had so far treated 90 per cent of the cases, while 10 per cent are still under investigation and called on Nigerians to call the Army Complaint number on 08160134303 to report any human rights violations meted against them by the Nigerian Army," according to media reports.
It is crystal clear from the cases handled by Capt Williams that some military personnel in the country have been and still acting ultra vires their powers which is why we experience human rights violations and extra judicial killings by military personnel in Nigeria.
Our own Joseph Pessu, a Deltan and an Itsekiri son, was killed by an overzealous military personnel in Warri on Thursday 2nd April, 2020. He was said to have disobeyed the stay at home order by Delta State Government.
But the last time I checked, neither the state government nor the governor, Senator Dr Ifeanyi Arthur Okowa, ordered security personnel to kill any erring civilian citizen. The governor is saddened by the news of Joseph Pessu's death. Deltans are unhappy, Warri youths are pained.
The laws of our state and country are clear on law violators. They are to be arrested and prosecuted according to the degree of offence allegedly committed. Soldiers are not meant to kill any citizen that is harmless, not armed. This is unacceptable and the military high command must do the needful to investigate this sad event. Pessu's killer must be fished out and made to face the law. Justice must be served.
The Nigerian Army Human Rights Desk should take proactive steps to introduce human rights courses and have personnel educated on human rights abuses and legal consequences. Our military personnel are entitled to kill during warfare and in the instant case, Delta State is not at war with her citizens; its a lockdown requiring citizens to stay at home. Those who disobeyed government orders ought to be apprehended and prosecuted. Extra judicial killing is completely out of the lockdown scenario. Stop the killings, please.
Honourable Commissioner for Information, Hon Charles Aniagwu was quoted as saying that government will order investigation into the remote and immediate causes of the killing of Mr Joseph Pessu. This is the best approach and aggrieved Youths in Warri must not take laws into their hands. Self help is not known to criminal and civil jurisdiction. Self defence is an exception to the rule and must be instantaneous, not delayed reactions or reprisals.
Justice will be served after proper investigation. Chairman of Warri South Local Government Council, Dr Michael Tidi said calm returned to the area after intervention. Therefore, no cause for further alarm. Special thanks to those who did the needful to restore peace to Warri and its environ.
Stronger Delta, Let's Build Together.