Project Description
Premium Times conceived and is implementing this project to enable it to build and populate a dashboard that will serve as a resource hub for the ongoing inquiries on police brutality across the country.
The project will also enable Premium Times to deliver a comprehensive, data-driven and analytical coverage of the proceedings of the panels across the country. We believe that this kind of digital platform will effectively hold the government accountable to its promises while documenting for citizens, researchers and governments the ongoing effort to reform the police and other law enforcement agencies in ways that make them operate efficiently and with consistent respect for human rights.
The goal of this project is to support our documentation and reporting efforts as Nigeria’s federal and state governments inaugurate panels of inquiries to investigate cases of police brutality in a process expected to culminate in a comprehensive reform of the police, other law enforcement agencies and the criminal justice system.
We believe that this project will further enhance the independent, investigative, journalism of Premium Times which is primarily dedicated to deepening respect for human rights, public sector accountability, promoting good governance, inclusive service delivery, civic engagement, resource governance as well as anti-corruption and democratic governance in Nigeria.
Project Context, Problem Statement and Approach
In 2017 the Nigerian National Assembly domesticated the Convention Against Torture (UNCAT), 30 years after it became a treaty law, via The Anti-torture Act (ATA) 2017. The ATA patches yawning gaps in hitherto existing legal regimes regarding police violence and extrajudicial violence. The law explicitly made the right to freedom from torture, cruel, inhuman and degrading treatment, criminalizing torture and protecting victims and witnesses of torture.
One year after the ATA the National Assembly also moved to pass the Administration of Criminal Justice Act [ACJA] 2015, but again this was after 34 years of the passage of the African Bill of Rights was ratified. Again like the ATA before it, the ACJA sought to criminalise the impunity of law enforcement excesses, as well as the abuses and treatments that form the core of public concerns and complaints against policing and detention culture in the country.
Both the Anti-Torture Act [ATA] 2017 and the Administration of Criminal Justice Act [ACJA] 2015, by all accounts, were very succinct legislations, and if anything, were bound to deter the over-reach and abuses that have been attributed to the Special Anti-Robbery Squad (SARS) of the Nigeria Police, in particular, as well as to other units of the country’s law enforcement agencies.
In October 2020, when the nation erupted in a paroxysm of #EndSARS protest with the claims and counter-claims of scores of deaths, maimed and missing protesters, immediate state response was the agreement of the country’s National Economic Council (NEC) to take steps to pacify the young demonstrators across the country who rose to protest gross human rights abuses by the Special Anti-Robbery Squad (SARS) of the Nigeria Police and other law enforcement agencies.
A major question from the human rights community in the country included what outcomes, in state-civic conduct, might have endured if the spirit of the Anti-Torture Act and the Administration of Criminal Justice Act had been faithfully implemented.
Rising from its monthly meeting on October 15, 2020, NEC directed the immediate establishment of State-based Judicial Panels of Inquiry across the country to receive and investigate complaints of Police brutality or related extrajudicial killings with a view to delivering justice for all victims of the dissolved SARS and other police units.
The Council also directed that the Judicial Panels, which should be set up in all the states and the FCT should include representatives of youths, students, civil society organizations and should be chaired by respected retired State High Court Judges.
NEC further directed that State Governors should immediately establish a State-based Special Security and Human Rights Committee to be chaired by the Governors in their States, to supervise the newly formed police tactical units and all other security agencies located in the States.
The idea of the Special Security and Human Rights Committee in all States of the Federation and the FCT is to ensure that police formation and other security agencies in the State consistently protect the Human Rights of citizens.
Members of the Special Committee would also include Representatives of Youths and Civil Society. The head of Police tactical units in each of the States would also be a member of the Committee.
Regarding the Judicial Panel of Inquiry, each State Government is to set up the Panel, chaired by a retired High Court Judge, with other members selected by the State Governor as follows:
- Two representatives of Civil Society groups
- One Retired Police Officer of high repute
- One Youth Representative
- One Student Representative
- One Representative of the State Attorney-General and a representative from the National Human Rights Commission.
The terms of reference for the Judicial Panel is to –
- receive and investigate complaints of Police brutality or related extrajudicial killings;
- evaluate evidence presented/other surrounding circumstances, and draw conclusions as to the validity of the complaints; and
- recommend compensation and other remedial measures, where appropriate.
The Panel’s assignment should be concluded within a maximum of six (6) months, unless it shows convincing reasons why the State Governor should allow an extension.
There would also be a Human Rights Public Complaints Team of between 2 to 3 persons to receive complaints on an ongoing basis. That team would be established by the Special Committee on Security and Human Rights.
It was resolved that each State Government shall also set up such a Complaints Office to which members of the public can relate by telephone or social media channels.
It shall be the duty of the officers of the Complaints Office to liaise with the leadership of security agencies, attempt resolution of complaints or otherwise guide the complainants.
Also, NEC directs all State Governors to immediately establish a Victims Fund to enable the payment of monetary compensation to deserving victims.
In the past weeks, state governments have been setting up panels of inquiries in their states. Some of the panels have even commenced sittings.
We believe that the panels need independent, reliable and effective media oversight.
PREMIUM TIMES is committed to giving the proceedings elaborate coverage in a manner that is easy for citizens to comprehend. All necessary information about the panels – including membership, proceedings, data documentation, multimedia elements and resolutions – will then be warehoused and accessible through the dashboard we are proposing to build.
We believe this resource centre will help hold the panels accountable while making information about the panels and their proceedings easily available to citizens.