Extrajudicial executions in Nigeria is Constitutionally frowned upon, even internationally, yet, it remains a significant problem in Nigeria. These issues are quite complex. The purpose of the article is to highlight the factors responsible and give an understanding to this problem.
Extrajudicial executions are unlawful and deliberate killings ordered by a government or carried out with its consent or complicity. Unlawful killings incorporate killings coming about because of unreasonable utilization of power by policing. The International Covenant on Civil and Political Rights, the African Charter on Human and Peoples’ Rights, and Nigeria’s Constitution all protect the right to life.
The Criminal Code Act of Nigeria, sections 315, states that Any person who unlawfully kills another is guilty of an offence which is called murder or manslaughter, according to the circumstances of the case.
And the punishment for it stated in section 319 as; Subject to the provisions of this section of this Code, any person who commits the offence of murder shall be sentenced to death.
In Nigeria, murder is an alarming occurrence. Nigeria has two criminal law systems in place; both the Criminal Code and the Penal Code The Criminal Code governs Nigeria’s southern states, while the Penal Code governs Nigeria’s northern states.
In the Criminal Code, the crime of intentionally killing a person is referred to as “murder” in the Southern part of Nigeria; in the Northern part of Nigeria, the same crime is referred to as “culpable homicide punishable with death.”
Many Nigerians are unlawfully killed on roads, on the streets etc. by so called law enforcement agents. Others are subjected to torture and I’ll treatment before, after or during an arrest, or even outside detention.
The issue of such killings has been criticised both nationally an internationally, as Nigeria is already know for its corrupt officials.
No respect for human rights. This is primary, and extrajudicial executions goes to show that security agents have no respect for the human rights and liberties of citizens, such as right to life, freedom from torture and right to a fair trial. This is a very serious issue with regards to Nigeria.
One of the main reasons for the unlawful killings in Nigeria is the on-going conflict with regards to the Islamist Extremist group that is the Boko Haram in the Northern part of Nigeria, leading the need for security operations in Nigeria, which in turn are a causation to the unlawful killing both by the Boko Haram and the Security officials. This has been going on for over the past decade, causing widespread of violence.
Furthermore, the judicial and Penal system in Nigeria is quite unreliable, ineffective and slow. This makes the faith in the justice system of Nigeria very weak, leaving Nigerians with limited options for seeking justice.
Injustice is a common problem in Nigeria, when there is only a very low population of Nigerians controlling wealth, this sparks up injustice, which brings up protests and demonstrations, where security agents are deployed, causing extrajudicial executions.
Additionally, poor law and order is also a factor. law enforcers, such as the police and military, are known for their corrupt practices and operations, including abuse to civilians and abuse of their powers, leading to arbitrary force and extrajudicial executions. And like stated earlier, the justice system is ineffective in tackling such matters.
These law enforcers may also be said to lack efficient training required for them, leading to abuse of power and unprofessional behaviour.
In addition to addressing the root causes of the problem, such as corruption and impunity, the security industry requires increased accountability and transparency. In addition, in order to provide extrajudicial killing victims and their families with healing and justice, more assistance is required.
The rule of law should also be strictly enforced, to avoid or control such problems.
There has been some efforts to curb this issue, but even still, a lot more needs to be done. This would require much more efforts in reviewing the security operations and agencies, the judiciary and the rule of law in the country, with respect to human rights and Constitutional duties. It would require efforts of the Nigerian government, civil societies and international bodies to endure that this problem is controlled.