Bonaventure Phillips Melah

The Chief Justice of Nigeria (CJN), Kudirat Kekere-Ekun, has commended Dr. Tony Ojukwu, SAN, the Executive Secretary/CEO of the National Human Rights Commission (NHRC), describing the work of the Commission under his leadership as ‘fantastically good.

She gave the commendation on Thursday at a conference on “Proportional Force and Respect for Human Dignity: A Dialogue in Governance,’ organized by the NHRC at Nigerian Air Force Conference Centre, Mabuchi Abuja.

Represented by the Administrator of the National Judicial Institute (NJI). Justice Babatunde Adejumo, the CJN also called on NHRC to take up the task of training officers and men of the Nigeria Police, in the area of use of proportional force, in order to ensure that security agencies fight crime, justice and human dignity are not trampled upon.

She described the Police as the most abuser of Juman rights. Adding that they need to be constantly trained since unlike the military and other security agencies, the Police is closer to civil society.

The event was attended by representatives of Kaduna and Katsina State Governors, the Chairman of the National Drug Law Enforcement Agency, Buba Marwa, representatives of the Department of State Security (DSS), Inspector General of Police, Nigerian Air Force and Navy, among others, while the Chairman of Nigeria Law Reform Commission, Prof. Dakas CJ Dakas attended as Keynote Speaker.

In his opening remarks, the Executive Secretary of the National Human Rights Commission, Dr. Tony Ojukwu, SAN, said while security agencies are statutorily empowered to carry out their duties towards maintaining security of lives and property of citizens, the question of how force is applied, is not only a matter of operational necessity but also of its constitutionality and corresponding responsibility for human rights.

He said the constitution of Nigeria, 1999 (as amended) guarantees the right to life as well as the dignity of the human person.

Ojukwu said through dialogue, solutions can be co-created through transparency, accountability, and collaboration and urged participants to freely express their minds, hoping that solutions could be found on how to build a security system that is both effective and respects the rights of citizens and their human dignity.

Ojukwu said- “These provisions state that every individual possesses an inherent worth that must be respected at all times including situations of insecurity and armed conflicts. It places an obligation on security institutions to uphold and protect human dignity as a matter of law and governance.

“The principles of international humanitarian law recognize that even in situations of armed conflict, humanity must not be abandoned.

He cited other legal provisions to buttress his stand, saying that Article 51(5)(b) of Additional Protocol to the Geneva Conventions, the Armed Forces Act, Laws of the Federation of Nigeria, 2004, the Nigeria Police Act 2020 and the Revised Force Order 237, 2019 were all relevant authorities on the matter in issue.

According to Ojukwu- “While proportional force and respect for human dignity are substantive principles guiding our security operations, dialogue is the instrument through which governance becomes participatory and institutions earn trust of the citizens in the systems meant to protect them.

”For the National Human Rights Commission, dialogue in governance means creating platforms where the military, law enforcement agencies, MDAs, civil society, legal practitioners, academics, and citizens can sit together to examine the challenges of security and human rights.

“Of similar principle and relevance to proportional force are the principles for the Prohibition of Torture, Cruel, Inhuman or Degrading Treatment and Punishment. Prohibition of Torture and CID is protected under the Convention against Torture, Section 34 of the 1999 constitution as amended as well as, under the Anti-Torture Act of 2017.

“Since disproportionate force is sometimes targeted to result in the infliction of harm, pain, either physical or mental or psychological, there is need to be circumspect on force applied with response to a security situation at hand as disproportionate force can become torture, cruel, inhuman or degrading treatment which is not permitted under any circumstances.

“It is proposed that where disproportionate force is applied, it should be considered as torture, cruel, inhuman or degrading treatment or punishment unless, good faith on the part of the officer is established beyond reasonable doubts,” the NHRC boss stated.

In his keynote address, Prof. Dukas C J Dukas, Chairman, Nigeria Law Reform Commission, said Nigeria should adopt institutionalized dialogue to eliminate suspicion between citizens and the law enforcement agencies.

He said a peaceful society is built not only on laws but on relationships, stating that dialogue makes room for citizens and law enforcement agencies and operatives to understand one another, resolve conflicts early, and uphold justice in a way that is mutually reinforcing.

According to Dukas, dialogue is not a sign of weakness but a tool of strength and serves as path to reconciliation, a foundation for better law enforcement and better citizenship.

He said among other things that- “We cannot build peaceful societies through silence or suspicion. We build them through speaking, listening, understanding, and working together in an atmosphere of mutual respect,” and observed that Nigeria faces complex security realities of banditry and terrorism, communal conflict, cybercrime, among others.

Dukas said in the midst of these challenges and efforts to solve them, there are recurring concerns such as unclear engagement rules, excessive or poorly regulated force, delayed accountability mechanism and trust deficit.

in their goodwill messages, the Governors of Kaduna and Katsina states, pledged to collaborate with NHRC to support training of security agencies in their respective states on the use of proportional force, with the aim of ensuring that human dignity is preserved at all times.

While Kaduna Governor, Uba Sani was represented by his Deputy, Hadiza Balarabe, his Katsina State counterpart, Umara Dikko Radda, was represented by the State Attorney General and Commissioner for Justice, Hajiya Fadila Mohammed Dikko.

Also speaking, NDLEA Chairman, Buba Marwa, said although NHRC was established by a military head of state, Gen. Sani Abacha, the Commission has undergone several transformations to become a reference institution that is compliant with democratic governance.

He commended Dr. Tony Ojukwu for a job well done and congratulated the Commission on its 30th anniversary.