BEVERLY HILLS, CA, December 09, (THEWILL) – The last has not yet been heard of the killings of eight youths in Gudu area of Apo quarters Abuja in September for allegedly belonging to Boko Haram.
On Monday, the National Human Rights Commission (NHRC) summoned the Director General of the Directorate of State Security Services (DSS), the National Security Adviser (NSA) and the Minister of the Federal Capital (FCT) to come and explain all they know about the incident.
The summon came as the Commission disclosed that it has set up a working group to investigate ungazetted places of detention in Nigeria in order to ascertain the conditions under which suspects are being detained and make recommendations to the appropriate authority.
The Chairman of the Commission, Dr. Chidi Odinkalu, disclosed this while speaking after the 5th statutory meeting of the Governing Council in Abuja.
He said the council has received and considered an interim report of investigation in the case of Global Rights & Nasiru Adamu vs. Department of State Services (DSS) concerning the killing by men of the DSS in Apo.
Odinkalu said the Governing Council of NHRC has identified three issues to be determined in the case as follows:(i) Whether the victims were indeed operatives of Boko Haram;(ii) Whether, taking account of all the circumstances, the force applied in the operation was proportionate to any threat identified or directed at the security operatives or the general public; and(iii) Whether, in the circumstances, the killing was lawful or unlawful.
He noted that “given the nature of issues raised by the complaint, Council, of its own motion, directed that the Attorney-General of the Federation be joined in the petition.
According to Odinkalu, “To enable the commission complete its consideration of this complaint, Council directed the Secretariat to issue summons and hearing notices requiring the following entities to appear before a Panel of Council for a hearing on these issues at 10:00hours on Thursday, 19 December 2013 at the Headquarters of the National Human Rights Commission in Abuja, namely, the:(i) Department of State Services, (DSS);(ii) Federal Capital Territory Administration, (FCTA);(iii) Defence Headquarters (DHQ);(iv) Asokoro General Hospital;(v) Global Rights;(vi) Keke-NAPEP Association, Gudu;(vii) National Security Adviser; and(viii) Proprietor of the premises in which the alleged killings occurred.
The NHRC boss noted that “Council further directed that the parties named above shall be at liberty to file written or make oral representations on or before the hearing date.”
He disclosed that the council also considered the case of Clara Chime vs. Sullivan Chime and directed further measures of investigation compatible with the dignity of the parties and their entitlements to due process.
The council,according to him, also considered 40 petitions instituted by various persons alleging violations of human rights and determined 17 cases as amicably resolved; determined eight cases as inadmissible; and ratified the referral of five cases to other agencies with competence over them.
He pointed out that the “Council considered an additional 14 cases in which the parties had reached tentative terms of settlement and authorised appropriate terms of settlement as consent decisions of the Commission.
Council, according to him, received and considered an interim report of investigation in the case of Governor of Rivers State vs. Commissioner of Police Rivers State. “Council noted that both the complainant and the Respondent have been interviewed by and made additional presentations to the Secretariat of the Commission,” he said, adding that the Council, therefore, directed to grant accelerated consideration to this case and given the nature of the allegations, that the Attorney-General of the Federation be joined as a party to the proceedings.
Hearing notices are also to be issued inviting the parties or their legal representatives to a hearing by the Commission on the case; and the hearing by the Commission shall take place early in 2014 in Port-Harcourt, Rivers State at a date and venue to be communicated to the parties.
According to Odinkalu, “Council considered and adopted an instrument constituting an ad-hoc Working Group on Arbitrary and Un-gazetted places of detention in Nigeria and establishing its terms of reference.”
He said Section 6(1)(1)(d) of the National Human Rights Commission Act (as amended) empowers the commission to, among other things, visits persons, police cells and other places of detention in order to ascertain the conditions thereof and make recommendations to the appropriate authority.
According to him, the Committee which has as members, Ibrahim Nikau (Chair); Rita Njokanma, Eugenia Abu, D.O.C Ezeigwe and Prof Bem Angwe, as members has as its terms of reference to receive, investigate and examine any information, complaint, petition or allegation relating to arbitrary or ungazetted places of detention in Nigeria, visit, inspect or examine any premises or place operated by any person, institution or entity and used for the purpose of detaining persons under any guise or excuse.
The Committee, he added, is further charged with the responsibility of seeking and if necessary compel and inspect from the persons operating any places of detention, the bases or legal authority under which such places are operated and to verify the number of persons detained in such places and the conditions under which they are detained.
The Committee is expected to submit its report and recommendations to the Governing Council not later than April 2014.
