The Right to Life and Extra judicial Killing by Security Forces in Nigeria

Na all of us dey see the clear images and videos of alleged brutality and killings by the people wey we call security forces for dis our Nigeria. Na why we think am wise to revisit di issue of extrajudicial killings and di fundamental right to life wey we get as citizens of Nigeria. As we sabi, extrajudicial killing or extra judicial execution na di bad act of killing without a trial or outside of di legal process. Dis bad behavior na wetin all of us dey cry #EndSARS and other slogans for. To start, wetin our laws talk about right to life sef?

Wetin Right to Life mean for dis we Countri?
Dis life wey we dey no get duplicate. E no be car wey get duplicate key and e no get promo of buy one, get one free. Hence, life na sacred thing wey we suppose dey treasure and protect. As some people put am, na existence come before essence: na person wey dey exist go get essence of life and that essence go terminate when existence no dey. Na onto this reason countries, plus including Nigeria, dey jealously guard the right to life under dia laws.

Section 33 of di 1999 Naija Constitution talk am sey every person get right to life. E no matter di gender, circumstance of birth or any reason sef, you get di constitutional right to life. Dis Section 33 further talk am say nobodi fit intentionally deprive you of dis right to life unless say na thru execution of a court sentence wey find you guilty of a criminal offence.
As we see sef for judicially decided cases like Nasiru Bello v. A.G Oyo State, di execution of a convicted pesin wey still dey appeal him case for a higher court na deprivation of di pesin right to life. For dis case where dem execute person wey still dey appeal case, di Supreme Court of Nigeria order say make dem pay compensation to di family of the deceased.

In fact, oda international treaties wey Nigeria don sign stand gidigba behind di protection of dis sacred and treasured right to life. Article 4 of di African Charter on Human and People’s Rights (ACHPR) 1981 put am down sey:

• Human beings dey inviolable,
• Evri human being dey entitled to respect for him life and integrity of him pesin, and
• Nobodi fit arbitrarily deprive you of dis right.

The Universal Declaration of Human Rights (UDHR) of 1948 sef gather put mouth for di guarantee of dis right to life for Article 3.

Which kain limit dis Right to Life get?
However, as di protection of dis right sweet pass, e get small limit. Section 33(2) of our Constitution talk am say it no fit be deprivation of di right of life wia pesin die because of di use of force to such extent and in such a circumstance wia di law permits as it dey reasonably necessary. Dis situations include:

• For di defence of pesin from unlawful violence or defence of property,
• To effect lawful arrest or prevent di escape of pesin wey dey lawfully detained, and,
• To suppress a riot, insurrection, or mutiny.

Disproportionate use of power/force by Security Forces for we Contri
The duty wey dem give security forces na to protect lives, properties, territorial integrity, other things wey relate. Their power no include to dey rob citizens of dia property or terrorize or kill people wey dem suppose dey protect.

However, for dis we country, many people don witness and suffer di brutality of security forces, especially as e concern extrajudicial killings wit di use of disproportionate force. Dis one dey against di law as e dey for Section 33(2) of our Constitution (we don talk about am above). E get one time wey some policemen including members of Anti-Robbery Team set up illegal roadblock/checkpoint come killed some people because dem no gree give dem bribe upon demand. Na wetin happen for di case of Omonyahuy v. IGP (2015) be dis. Plenty plenty cases dey like dis for court plus including the ones wey no dey court. Life no come dey sacred or treasured for the hands of security forces especially Nigerian Police Force. In fact, as BBC sef report am for April, 2020, Naija security forces don kill more people than Coronavirus sef!!!

When Police or security officer suppose use gun sef?
Di Revised Police Force Order 237 don put down guidelines for di use of firearms and lethal force by di Nigeria Police Force (NPF). For dis guideline, only time wey police fit use fire arm na when:

• Dem attack am or dia be imminent threat say dem go injure am seriously or kill am. Even for dis, the police must to make sure say no other means dey to save him life,
• Police dey protect person wey dey under attack and di police officer believe on proportional grounds say he not fit protect the person unless he use weapon,
• E dey necessary to disperse violent assemblies and wia dem be imminent threat of death and serious injury. For dis situation, di police must to make sure say less extreme measures go dey insufficient,
• Di police officer wan arrest person wey wan escape to avoid arrest. For dis matter, di escape must be one wey fit pose threat of imminent death or injury to di police officer or innocent people. Di matter must also be for offence wey be serious crime involving imminent death or injury. The police must however don try all other means to arrest di person.

Di situations wey Police or security officer must not use gun or other arm
No matter how e be, a police, soldier, or other security person no fit and no get power to use firearm, lethal force or potential lethal force wia:

• Alternative dey wey fit eliminate imminent death or serious injury and acheive same purpose at no risk to di officer or innocent people,
• Firearm is used for warning shots to seek assistance, give signals or warn a fleeing fellow to stop,
• Gun go dey fired at or from inside vehicles,
• The gun dey pointed at plenty people.

E go make sense for our security officers to remember di laws of commandment in Revised Order 237 before dem pull di trigger anyhow. Remember. Think and think am again because our laws for dis contri go hold you responsible for di reckless behaviour.

As di Criminal Code Act put am down for Section 306, e dey unlawful for any person to kill another person unless say such killing dey authorized, justified or excused by law. Section 315 of same law talk am say anybodi wey kill anoda don commit murder or manslaughter be dat. Na wetin di Penal Code sef talk be dis.

How you wan enforce your Right to Life?
Karibi-Whyte JSC talk am for Nasiru Bello v. A.G Oyo State say anybodi wey get interest in the continued existence of person wey dem kill unjustly fit bring an action to enforce dis right. Of course, dis na because person wey don die no fit enforce him own right. Plenty cases dey wey other people don go court to enforce di right of person wey dem kill unjustly. Some of dem include Mrs. Ganiat Amope Dilly v. IGP (2016) LCN/9321 (CA); NPF & ors v. Omotosho & Ors (2018) LPELR-45778 (CA); Omonyahuy v. IGP (2015) LPELR 25581 (CA) and so on.

Now, the matter on ground be say make government cancel or disband dis SARS wey people dey cry say dem dey kill people anyhow. Beyond SARS matter however, our govenment suppose get zero tolerance for extra judicial killings. Our right to life as people dey sacred and time don reach for us make we hold our security forces accountable for evri unlawful and legally unjustified killing wey don kill children papa or mama, or wey don make some of us no get pikin again. Dis matter don throwey many of us into sadness because of di untimely death of people wey we hold dearly.

Na why we join body with other well-meaning people of dis our contri to say NO MORE EXTRA JUDICIAL KILLINGS! #EndPoliceBrutality! #OurRightToLifeMatters!