Nigeria is a federal republic composed of 36 states and the Federal Capital Territory (FCT). In 2015 citizens elected President Muhammadu Buhari of the All Progressives Congress party to a four-year term in the first successful democratic transfer of power from a sitting president in the country’s history.
Civilian authorities did not always maintain effective control over the security services.
The insurgency in the Northeast by the militant terrorist groups Boko Haram and the Islamic State in West Africa (ISIS-WA) continued. The groups conducted numerous attacks on government and civilian targets that resulted in thousands of deaths and injuries, widespread destruction, the internal displacement of approximately 1.8 million persons, and external displacement of an estimated 205,000 Nigerian refugees to neighboring countries, principally Cameroon, Chad, and Niger.
The most significant human rights issues included extrajudicial and arbitrary killings; disappearances and arbitrary detentions; torture, particularly in detention facilities, including sexual exploitation and abuse; use of children by some security elements, looting, and destruction of property; civilian detentions in military facilities, often based on flimsy evidence; denial of fair public trial; executive influence on the judiciary; infringement on citizens’ privacy rights; restrictions on freedoms of speech, press, assembly, and movement; official corruption; lack of accountability in cases involving violence against women and children, including female genital mutilation/cutting and sexual exploitation of children; trafficking in persons; early and forced marriages; criminalization of status and same-sex sexual conduct based on sexual orientation and gender identity; and forced and bonded labor.
The government took steps to investigate alleged abuses but fewer steps to prosecute officials who committed violations, whether in the security forces or elsewhere in the government. Impunity remained widespread at all levels of government. The government did not adequately investigate or prosecute most of the major outstanding allegations of human rights violations by the security forces or the majority of cases of police or military extortion or other abuse of power.
The Borno State government provided financial and in-kind resources to some members of the Civilian Joint Task Force (CJTF), a self-defense group that coordinated and at times aligned with the military to prevent attacks against civilian populations by Boko Haram and ISIS-WA. Human rights organizations and press reporting charged the CJTF with committing human rights violations. The government took limited steps to investigate and punish CJTF members who committed human rights abuses. There were no reports of criminal investigation into members of the military or armed groups who were previously alleged to have used children in support roles or who continued to do so.
Boko Haram’s numerous attacks often targeted civilians. The group, which recruited and forcefully conscripted child soldiers, carried out scores of suicide bombings–many by young women and girls forced into doing so–and other attacks on population centers in the Northeast and in Cameroon, Chad, and Niger. Abductions by Boko Haram continued. The group subjected many abducted women and girls to sexual and gender-based violence, including forced marriages and rape. The government investigated attacks by Boko Haram and ISIS-WA and took some steps to prosecute their members, although the majority of suspected insurgent group supporters were held in military custody without charge.
In its response to Boko Haram and ISIS-WA attacks, and at times in response to crime and insecurity in general, security service personnel perpetrated extrajudicial killings and engaged in torture, sexual exploitation and abuse, arbitrary detention, mistreatment of detainees, use of children by some security elements, looting, and destruction of property. The country also suffered from ethnic, regional, and religious violence.
Section 1. Respect for the Integrity of the Person, Including Freedom from:
a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings
There were several reports the government or its agents committed arbitrary and unlawful killings. The national police, army, and other security services used lethal and excessive force to disperse protesters and apprehend criminals and suspects and committed other extrajudicial killings. Authorities generally did not hold police, military, or other security force personnel accountable for the use of excessive or deadly force or for the deaths of persons in custody. State and federal panels of inquiry investigating suspicious deaths generally did not make their findings public. In August the acting president convened a civilian-led presidential investigative panel to review compliance of the armed forces with human rights obligations and rules of engagement. As of November the panel had not issued a report.
In September the military reportedly clashed with supporters of the separatist Indigenous People of Biafra (IPOB) movement, a secessionist group, in Abia State during military exercises. These clashes allegedly resulted in injuries to some protestors and the death of at least one police officer. Human rights groups expressed concern regarding the response and the National Human Rights Commission (NHRC) urged the military to respect its rules of engagement and stated it would investigate allegations of human rights abuses.
As of November the government had not adequately investigated or held police or military personnel accountable for extrajudicial killings of supporters of IPOB movement in 2016. Amnesty International (AI) reported that security forces killed at least 150 IPOB members or supporters and arbitrarily arrested hundreds from August 2015 to August 2016. The Nigerian Army (NA) reportedly investigated the incidents as part of a broader Board of Inquiry (BOI), but its full report was not made public. There have been no reports of discipline or prosecution of police or military personnel.
As of November there were no reports of the federal government further investigating or holding individuals accountable for the 2015 killing and subsequent mass burial of members of the Shia group Islamic Movement of Nigeria (IMN) and other civilians by NA forces in Zaria, Kaduna State. The federal government had indicated it would wait for the results of a Kaduna State judicial commission of inquiry before taking further action to investigate or hold those responsible to account. In July 2016 the government of Kaduna made public the commission’s nonbinding report, which found the NA used “excessive and disproportionate” force during the 2015 altercations in which 348 IMN members and one soldier died. The commission recommended the federal government conduct an independent investigation and prosecute anyone found to have acted unlawfully. It also called for the proscription of the IMN and the monitoring of its members and their activities. In December 2016 the government of Kaduna State published a white paper that included acceptance of the commission’s recommendation to investigate and prosecute allegations of excessive and disproportionate use of force by the NA. As of November, however, there was no indication that authorities had held any members of the NA accountable for the events in Zaria. It also accepted the recommendation to hold IMN leader Sheikh Ibrahim Zakzaky responsible for all illegal acts committed by IMN members during the altercations and in the preceding 30 years. In December 2016 a federal court declared the continued detention without charge of Zakzaky and his wife illegal and unconstitutional. The court ordered their immediate and unconditional release but gave authorities 45 days to carry it out, reasoning that the government needed that time to provide the couple with a dwelling to replace the one destroyed following the 2015 Zaria incidents. As of November the federal government had not complied with this order and Zakzaky and his spouse remained in detention. As of November more than 200 imprisoned IMN members awaited trial on charges of conspiracy and culpable homicide.
In January the air force mistakenly bombed an informal Internally Displaced Persons (IDP) settlement in Rann, Borno State, which resulted in the killing and injuring of more than 100 civilians and humanitarian workers. Army personnel were also injured. The government and military leaders publicly assumed responsibility for the strike and launched an investigation. The air force conducted its own internal investigation, but as of November the government had not made public its findings. No air force or army personnel were known to be held accountable for their role in the event.
There were reports of arbitrary and unlawful killings related to internal conflicts in the Northeast and other areas (see section 1.g.).
In August, AI issued a report on the International Day of the Disappeared, calling on the government to investigate several unexplained disappearances, including the reported disappearances of more than 600 members of the IMN, more than 200 pro-Biafra protesters in the Southeast, and an unknown number of individuals in the Northeast where Boko Haram had been active.
According to AI, in August 2016 armed men in a sport utility vehicle bearing government license plates abducted pro-Biafra activist Sunday Chucks Obasi outside his home in Amuko Nnewi, Anambra State. In response to inquiries by his family, police in Anambra stated Obasi was not in their custody. In April, AI reported Obasi had been held incommunicado by the Department of State Services (DSS) and stated he was tortured during interrogation concerning the IPOB movement. In December 2016 he was released and charged with obstructing DSS officials. His trial was pending at year’s end.
Criminal groups abducted civilians in the Niger Delta and the Southeast, often to collect ransom payments. There was also an increase in maritime kidnappings as militants turned to piracy and related crimes to support themselves. On February 8, for example, pirates boarded a cargo ship off the coast of Bayelsa State, kidnapping seven Russians and one Ukrainian on board. The pirates reportedly released the sailors after the parent company paid a ransom.
Other parts of the country experienced a significant number of abductions. Prominent and wealthy figures were often targets of abduction. For example, in May a member of the House of Representatives from Kano State, Garba Durbunde, was kidnapped on the Abuja-Kaduna highway. According to press reports, he was released after paying a ransom.
Boko Haram conducted large-scale abductions in Adamawa, Borno, and Yobe States (see section 1.g.).
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The constitution and law prohibit torture and other cruel, inhuman, or degrading treatment. The Administration of Criminal Justice Act (ACJA), passed in 2015, prohibits torture and cruel, inhuman, or degrading treatment of arrestees; however, it fails to prescribe penalties for violators. Each state must also individually adopt the ACJA for the legislation to apply beyond the FCT and federal agencies. As of November only the states of Anambra, Cross Rivers, Ekiti, Enugu, Lagos, Ondo, and Oyo had adopted ACJA-compliant legislation. In July both houses of the National Assembly passed an antitorture bill, which was waiting for the president’s signature.
The Ministry of Justice previously established a National Committee against Torture (NCAT). Lack of legal and operational independence and lack of funding, however, prevented NCAT from carrying out its work effectively.
The law prohibits the introduction into trials of evidence and confessions obtained through torture. Authorities did not respect this prohibition, however, and police often used torture to extract confessions later used to try suspects. Police also repeatedly mistreated civilians to extort money.
In September 2016 AI reported police officers in the Special Antirobbery Squad (SARS) regularly tortured detainees in custody as a means of extracting confessions and bribes. For example, SARS officers in Enugu State reportedly beat one victim with machetes and heavy sticks, releasing him only after payment of 25,500 naira ($81). In response to AI’s findings, the inspector general of police reportedly admonished SARS commanders and announced broad reforms to correct SARS units’ failures to follow due process and their use of excessive force Allegations of widespread abuse by SARS officers, however, continued throughout the year. In response to videos showing apparent abuse of civilians by SARS officers, a social media campaign developed and demanded SARS units be disbanded. In December the inspector general of police responded by announcing plans to reorganize–but not to disband–SARS units. At year’s end it was unclear what form the purported reorganization would take.
Local nongovernmental organizations (NGOs) and international human rights groups accused the security services of illegal detention, inhuman treatment, and torture of demonstrators, criminal suspects, militants, detainees, and prisoners. Military and police reportedly used a wide range of torture methods, including beatings, shootings, nail and tooth extractions, rape, and other forms of sexual violence. According to reports, security services committed rape and other forms of violence against women and girls, often with impunity. As of September the government apparently had not held any responsible officials to account for reported incidents of torture in detention facilities in the Northeast, including Giwa Barracks.
Police used a technique commonly referred to as “parading” of arrestees, which involved walking arrestees through public spaces and subjecting them to public ridicule and abuse. Bystanders often taunted and hurled food and other objects at arrestees.
The sharia courts in 12 northern states may prescribe punishments such as caning, amputation, and death by stoning. The sharia criminal procedure code allows defendants 30 days to appeal sentences involving mutilation or death to a higher sharia court. Statutory law mandates state governors treat all court decisions equally, including amputation or death sentences, regardless of whether issued by a sharia or a nonsharia court. Authorities, however, often did not carry out caning, amputation, and stoning sentences passed by sharia courts because defendants frequently appealed, a process that could be lengthy. Federal appellate courts had not ruled on whether such punishments violate the constitution because no relevant cases reached the federal level. Although sharia appellate courts consistently overturned stoning and amputation sentences on procedural or evidentiary grounds, there were no challenges on constitutional grounds.
There were no reports of canings during the year. Defendants generally did not challenge caning sentences in court as a violation of statutory law. Sharia courts usually carried out caning immediately. In some cases convicted individuals paid fines or went to prison in lieu of caning.
Prison and Detention Center Conditions
Prison and detention center conditions remained harsh and life threatening. Prisoners and detainees reportedly were subjected to torture, gross overcrowding, inadequate medical care, food and water shortages, and other abuses; some of these conditions resulted in deaths. The government often detained suspected militants outside the formal prison system (see section 1.g.).
Physical Conditions: Overcrowding was a significant problem. Although the total designed capacity of the country’s prisons was 50,153 inmates, as of June they held 68,259 prisoners. Approximately 68 percent of inmates were in pretrial detention or remanded. As of January there were 1,225 female inmates. Authorities sometimes held female and male prisoners together, especially in rural areas. In 2013 the Nigerian Prison Service (NPS) reported there were 847 juvenile inmates in juvenile detention centers, but prison authorities often held juvenile suspects with adults.
Prisoners and detainees were reportedly subjected to extrajudicial execution, torture, gross overcrowding, food and water shortages, inadequate medical treatment, deliberate and incidental exposure to heat and sun, and infrastructure deficiencies that led to wholly inadequate sanitary conditions that could result in death. Guards and prison officials reportedly extorted inmates or levied fees on them to pay for food, prison maintenance, transport to routine court appointments, and release from prison. Female inmates in some cases faced the threat of rape.
Most of the 240 prisons were 70 to 80 years old and lacked basic facilities. Lack of potable water, inadequate sewage facilities, and severe overcrowding resulted in dangerous and unsanitary conditions. Disease remained pervasive in cramped, poorly ventilated prison facilities, which had chronic shortages of medical supplies. Inadequate medical treatment caused many prisoners to die from treatable illnesses, such as HIV/AIDS, malaria, and tuberculosis. In April the Lagos State Controller of Prisons stated that 32 inmates died in 2016 in a single Lagos prison due to lack of access to medical care. The House of Representatives confirmed that more than 900 inmates died in prisons across the country in 2016 due to severe lack of drugs and health care. Although authorities attempted to isolate persons with communicable diseases, facilities often lacked adequate space, and inmates with these illnesses lived with the general prison population. There were no reliable statistics on the total number of prison deaths during the year.
Only prisoners with money or support from their families had sufficient food. Prison officials routinely stole money provided for prisoners’ food. Poor inmates often relied on handouts from others to survive. Prison officials, police, and other security force personnel often denied inmates food and medical treatment to punish them or extort money.
In general, prisons had no facilities to care for pregnant women or nursing mothers. Although the law prohibits the imprisonment of children, minors–many of whom were born in prison–lived in the prisons. The NGO Citizens United for the Rehabilitation of Errants (CURE)-Nigeria reported children in some cases remained with their inmate mothers up to at least age six. While the total number of children living in prison with their mothers was unknown, CURE-Nigeria’s April survey of 198 of the country’s approximately 1,225 women inmates found more than 30 women with children in just three prisons. Approximately 10 percent of survey respondents reported they were pregnant. Results of surveys of women and children in prisons conducted by CURE-Nigeria revealed many children in custody did not receive routine immunizations, and authorities made few provisions to accommodate their physical needs, to include hygiene items, proper bedding, proper food, and recreation areas. According to its March 2016 report, female inmates largely relied on charitable organizations to obtain hygiene items.
Generally prisons made few efforts to provide mental health services or other accommodations to prisoners with mental disabilities (see section 6).
Several unofficial military prisons reported by domestic and international human rights groups–including the Giwa Barracks facility in Maiduguri, Borno State–operated (see section 1.g.). In May 2016 AI reported that at least 149 individuals, including 12 children and babies, had died since January 2016 at Giwa Barracks. According to the report, overcrowding coupled with disease and inadequate access to food and water were the most likely causes of the increase in mortality at the installation. The military reportedly detained many of those at Giwa Barracks during arbitrary mass arrests based on random profiling rather than reasonable suspicion of supporting Boko Haram. The military publicly denied the findings of the report but worked with UNICEF, and by October 2016 had released 876 children from the facility. Subsequently in April, 484 persons were released from Giwa to a rehabilitation center run by the Borno State government. In October, 752 persons were released from Giwa, the total reportedly comprising 626 women and girls, 69 boys, and 57 elderly men. It was unclear following the releases how many other children or adults remained in detention at Giwa Barracks or other unofficial detention facilities. In addition, according to press and NGO reporting, the military arrested and remanded to military detention facilities persons suspected of associations with Boko Haram or ISIS-WA.
In 2014 AI reported the mass extrajudicial executions of more than 600 recaptured prisoners at Giwa Barracks following an escape attempt. In 2013 AI had revealed the existence of previously unknown military detention facilities in the Northeast–including Giwa Barracks, and the Sector Alpha (also called “Guantanamo”) and Presidential Lodge (also called “the Guardroom”) facilities in Damaturu, Yobe State. According to AI the military subjected detainees to inhuman and degrading treatment; hundreds allegedly died due to extrajudicial killings, beatings, torture, or starvation. According to army statements to the press, its internal BOI investigated these allegations. As of September the full BOI report had not been made public and no one had been held accountable.
Administration: While prison authorities allowed visitors within a scheduled timeframe, few visits occurred, largely due to lack of family resources and travel distances.
The ACJA provides that the chief judge of each state, or any magistrate designated by the chief judge, shall conduct monthly inspections of police stations and other places of detention within the magistrate’s jurisdiction, other than prisons, and may inspect records of arrests, direct the arraignment of suspects, and grant bail if previously refused but appropriate.
The NHRC conducts prison audits. Despite an expressed willingness and ability to investigate credible allegations of inhuman conditions, however, the NHRC has not publicly released an audit report since 2012. Through its Legal Aid Council, the Ministry of Justice reportedly provided some monitoring of prisons through the Federal Government Prison Decongestion Program.
Independent Monitoring: There was limited monitoring of prisons by independent nongovernmental observers. The International Committee of the Red Cross had access to police detention and NPS facilities. Both the committee and UNICEF were also able to visit some military detention facilities.
d. Arbitrary Arrest or Detention
Although the constitution and law prohibit arbitrary arrest and detention, police and security services employed these practices. According to numerous reports, since 2013 the military arbitrarily arrested and detained–often in unmonitored military detention facilities–thousands of persons in the context of the fight against Boko Haram in the Northeast (see section 1.g.). In their prosecution of corruption cases, law enforcement and intelligence agencies often failed to follow due process and arrested suspects without appropriate arrest and search warrants.
ROLE OF THE POLICE AND SECURITY APPARATUS
The National Police Force (NPF) is the country’s largest law enforcement agency. An inspector general of police, appointed by and reporting directly to the president, commands the NPF. In addition to traditional police responsibilities of maintaining law and order in communities in each of the states and the FCT, the inspector general oversees law enforcement operations throughout the country involving border security, marine (navigation) matters, and counterterrorism. A state commissioner of police, nominated by the inspector general and approved by the state governor, commands NPF forces in each of the states and the FCT. Although administratively controlled by the inspector general, operationally the state commissioner reports to the governor. In the event of societal violence or emergencies, such as endemic terrorist activity or national disasters requiring deployment of law enforcement resources, the governor may also assume operational control of these forces.
The DSS is responsible for internal security and reports to the president through the national security adviser. Several other federal organizations have law enforcement components, such as the Economic & Financial Crimes Commission (EFCC), Attorney General’s Office, Ministry of Interior, and federal courts.
Due to the inability of law enforcement agencies to control societal violence, the government increasingly turned to the armed forces to address internal security concerns. The constitution authorizes the use of the military to “[s]uppress insurrection and act in aid of civil authorities to restore order.” Armed forces were part of continuing joint security operations in the Niger Delta, Middle Belt, and Northwest.
The police, DSS, and military reported to civilian authorities but periodically acted outside civilian control. The government lacked effective mechanisms and sufficient political will to investigate and punish security force abuse and corruption. Police and the military remained susceptible to corruption, committed human rights abuses, and operated with widespread impunity in the apprehension, illegal detention, torture, and extrajudicial execution of suspects. The NPF Public Complaint and Rapid Response Unit reported dismissals of low-level police officers following public complaints of extortion. The DSS also reportedly committed human rights abuses. In some cases, private citizens or the government brought charges against perpetrators of human rights abuses, but most cases lingered in court or went unresolved after an initial investigation. In the armed forces, a soldier’s commanding officer determined disciplinary action, and the decision was subject to review by the chain of command according to the Armed Forces Act. In March 2016 the army announced the creation of a human rights desk to investigate complaints of human rights violations brought by civilians, although as of November few investigations had formally commenced and reportedly none led to accountability.
ARREST PROCEDURES AND TREATMENT OF DETAINEES
Police and other security services have the authority to arrest individuals without first obtaining warrants if they have reasonable suspicion a person committed an offense, a power they often abused. The law requires that, even during a state of emergency, detainees must appear before a magistrate within 48 hours and have access to lawyers and family members. In many instances government and security officials did not adhere to this regulation without being bribed. Police held for interrogation individuals found in the vicinity of a crime for periods ranging from a few hours to several months, and after their release, authorities frequently asked the individuals to return for further questioning. The law requires an arresting officer to inform the accused of charges at the time of arrest, transport the accused to a police station for processing within a reasonable time, and allow the suspect to obtain counsel and post bail. Families were afraid to approach military barracks used as detention facilities. Police routinely detained suspects without informing them of the charges against them or allowing access to counsel and family members; such detentions often included solicitation of bribes. Provision of bail often remained arbitrary or subject to extrajudicial influence. Judges often set exceedingly stringent bail conditions. In many areas with no functioning bail system, suspects remained incarcerated indefinitely in investigative detention. Authorities kept detainees incommunicado for long periods. Numerous detainees stated police demanded bribes to take them to court hearings or to release them. If family members wanted to attend a trial, police often demanded additional payment.
Arbitrary Arrest: Security personnel arbitrarily arrested numerous persons during the year, although the number remained unknown. In the Northeast the military and members of vigilante groups, such as the CJTF, rounded up individuals during mass arrests, often without evidence.
Security services detained journalists and demonstrators during the year (see sections 2.a. and 2.b.).
Pretrial Detention: Lengthy pretrial detention remained a serious problem. According to NPS figures released in March, 69 percent of the prison population consisted of detainees awaiting trial, often for years. The shortage of trial judges, trial backlogs, endemic corruption, bureaucratic inertia, and undue political influence seriously hampered the judicial system. In many cases multiple adjournments resulted in years-long delays. Many detainees had their cases adjourned because the NPF and the NPS did not have vehicles to transport them to court. Some persons remained in detention because authorities lost their case files.
Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Detainees may challenge the lawfulness of their detention before a court and have the right to submit complaints to the NHRC.
Nevertheless, most detainees found this approach ineffective because, even with legal representation, they often waited years to gain access to court.
e. Denial of Fair Public Trial
Although the constitution and law provide for an independent judiciary, the judicial branch remained susceptible to pressure from the executive and legislative branches. Political leaders influenced the judiciary, particularly at the state and local levels. Understaffing, underfunding, inefficiency, and corruption prevented the judiciary from functioning adequately. Judges frequently failed to appear for trials. In addition the salaries of court officials ware low, and they often lacked proper equipment and training.
There was a widespread public perception that judges were easily bribed and litigants could not rely on the courts to render impartial judgments. Citizens encountered long delays and received requests from judicial officials for bribes to expedite cases or obtain favorable rulings.
Although the Ministry of Justice implemented strict requirements for education and length of service for judges at the federal and state levels, no requirements or monitoring bodies existed for judges at the local level. This contributed to corruption and the miscarriage of justice in local courts.
The constitution provides that, in addition to common law courts, states may establish courts based on sharia or customary (traditional) law. Sharia courts functioned in 12 northern states and the FCT. Customary courts functioned in most of the 36 states. The nature of a case and the consent of the parties usually determined what type of court had jurisdiction. In the case of sharia courts in the North, the impetus to establish them stemmed at least in part from perceptions of inefficiency, cost, and corruption in the common law system.
The constitution specifically recognizes sharia courts for “civil proceedings,” but they do not have the authority to compel participation by non-Muslims. Non-Muslims have the option to have their cases tried in the sharia courts if involved in civil disputes with Muslims.
The constitution is silent on the use of sharia courts for criminal cases. In addition to civil matters, sharia courts also hear criminal cases if both complainant and defendant are Muslim and agree to the venue. Sharia courts may pass sentences based on the sharia penal code, including for “hudud” offenses (serious criminal offenses with punishments prescribed in the Quran) that provide for punishments such as caning, amputation, and death by stoning. Despite constitutional language supporting only secular criminal courts and the prohibition against involuntary participation in sharia criminal courts, a Zamfara State law requires that a sharia court hear all criminal cases involving Muslims.
Defendants have the right to challenge the constitutionality of sharia criminal statutes through the common law appellate courts. As of November no challenges with adequate legal standing had reached the common law appellate system. The highest appellate court for sharia-based decisions is the Supreme Court, staffed by common-law judges who are not required to have any formal training in the sharia penal code. Sharia law experts often advise them.
Pursuant to constitutional or statutory provisions, defendants are presumed innocent and enjoy the rights to: be informed promptly and in detail of charges (with free interpretation as necessary from the moment charged through all appeals); receive a fair and public trial without undue delay; be present at their trial; communicate with an attorney of choice (or have one provided at public expense); have adequate time and facilities to prepare a defense; confront witnesses against them and present witnesses and evidence; not be compelled to testify or confess guilt; and appeal.
Authorities did not always respect these rights, most frequently due to a lack of capacity and resources. Insufficient numbers of judges and courtrooms, together with growing caseloads, often resulted in pretrial, trial, and appellate delays that could extend a trial for as many as 10 years. Although accused persons are entitled to counsel of their choice, there were reportedly some cases where defense counsel absented himself or herself from required court appearances so regularly that a court might proceed with a routine hearing in the absence of counsel, except for certain offenses for which conviction carries the death penalty. Authorities held defendants in prison awaiting trial for periods well beyond the terms allowed by law (see section 1.c.).
Human rights groups stated the government denied terror suspects detained by the military their rights to legal representation, due process, and to be heard by a judicial authority. In October the government announced it had begun hearings in front of civilian judges at the Kainji military facility for approximately 1,670 detained persons and intended to do so for 651 held at Giwa Barracks in Maiduguri. Human rights groups generally welcomed the initiative as a step towards delivering justice for victims of Boko Haram, but raised serious concerns regarding potential due process violations of the accused. Groups expressed concerns regarding access to counsel, lack of supporting evidence, protections for witnesses and defendants, and the lack of transparency in the process. The proceedings were held behind closed doors, and it was unclear if the NHRC or any other group was allowed to monitor the hearings, raising serious questions concerning the fairness of the trials. According to a government statement, of the 575 suspects arraigned in the initial proceedings, 45 pled guilty to various charges and were sentenced to between three and 31 years in prison; 468 persons were ordered to undergo a deradicalization and rehabilitation program before being released; 34 cases were dismissed; and 28 cases were remanded for trial in civilian courts elsewhere in the country.
By common law women and non-Muslims may testify in civil or criminal proceedings and give testimony that carries the same weight as testimony of other witnesses. Sharia courts usually accorded the testimony of women and non-Muslims less weight than that of Muslim men. Some sharia court judges allowed different evidentiary requirements for male and female defendants to prove adultery or fornication. Pregnancy, for example, was admissible evidence of a woman’s adultery or fornication in some sharia courts. In contrast, sharia courts could convict men only if they confessed or there was eyewitness testimony. Sharia courts, however, provided women some benefits, including increased access to divorce, child custody, and alimony.
Military courts tried only military personnel, but their judgments could be appealed to civilian courts. Members of the military are subject to the Armed Forces Act regarding civil and criminal matters. The operational commanding officer of a member of the armed forces must approve charges against that member. The commanding officer decides whether the accusation merits initiation of court-martial proceedings or lower-level disciplinary action. Such determinations are nominally subject to higher review, although the commanding officer makes the final decision. If the case proceeds, the accused is subject to trial by a four-member court-martial. The law provides for internal appeals before military councils as well as final appeal to the civilian Court of Appeals.
POLITICAL PRISONERS AND DETAINEES
There were no reports of political prisoners or detainees. Persons arrested in previous years for alleged treason remained in detention at year’s end.
CIVIL JUDICIAL PROCEDURES AND REMEDIES
The constitution and law provide for an independent judiciary in civil matters, but the executive and legislative branches, as well as business interests, exerted influence and pressure in civil cases. Official corruption and lack of will to implement court decisions also interfered with due process. The law provides for access to the courts for redress of grievances, and courts may award damages and issue injunctions to stop or prevent a human rights violation, but the decisions of civil courts were difficult to enforce.
f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence
The law prohibits arbitrary interference, but authorities infringed on this right during the year, and police entered homes without judicial or other appropriate authorization. There were reports of warrantless arrests of young men in the Niger Delta region on suspicion of having links with militant groups. In their pursuit of corruption cases, law enforcement agencies reportedly carried out searches and arrests without warrants.
State and local governments forcibly evicted thousands of residents and demolish their homes, generally without sufficient notice or alternative compensation, and sometimes in violation of court orders. In March and April, for example, the Lagos State Government demolished houses in Otodo Gbame, a fishing village along the Lagos lagoon, despite a Lagos State High Court order forbidding the demolition and ordering the parties to explore an out-of-court settlement. According to press reports, the demolitions left 4,700 homeless and at least two dead while freeing up the land for commercial development. According to Justice & Empowerment Initiatives, approximately 30,000 Otodo Gbame residents were rendered homeless during the state’s first attempt to demolish the settlement in November 2016. In June a Lagos State High Court found that the evictions were a violation of the residents’ constitutional rights and ordered the government to consult with residents to plan for resettlement.
Press reporting indicated that the army was responsible for burning villages in areas where Boko Haram was suspected to have been operational and possibly supported by the local population. These actions reportedly contributed to the high number of internally displaced persons in the Northeast.
Section 2. Respect for Civil Liberties, Including:
c. Freedom of Religion
See the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/.
Section 3. Freedom to Participate in the Political Process
The law provides citizens the ability to choose their government in free and fair periodic elections based on universal and equal suffrage and conducted by secret ballot. The constitution and law allow the free formation of political parties. As of July, 45 parties were registered with the Independent National Electoral Commission, an increase from the previous 40. The constitution requires political party sponsorship for all election candidates.
Elections and Political Participation
Recent Elections: INEC is the independent electoral body responsible for overseeing elections by regulating the process and preventing electoral misconduct. From November 2015 to August 2016, INEC conducted 139 elections, including end of tenure and by-elections. There were allegations of malpractices in some elections, and INEC suspended 22 of them due to violence. Since that time INEC has conducted 26 more elections, most of which were during the year.
Many elections, such as the Ondo State gubernatorial election in November 2016, were relatively peaceful. Significant violence and intimidation of voters and election officials by political operatives, however, marred several of the off-cycle and rerun elections. As a result INEC postponed elections in some states. Elections during the year, however, were generally peaceful and conclusive.
No elections were postponed during the year. There were several instances of INEC canceling, postponing, and rerunning gubernatorial or state legislative elections in 2016. In July 2016, INEC postponed rerun legislative elections in Rivers State. In the commission’s view, incidents of violence in several of Rivers’ LGAs, inflamed political rhetoric, and attacks against INEC facilities in the state threatened the exercise. The elections had originally taken place in 2015, but an election petition tribunal cancelled the results and ordered a rerun in response to a suit alleging intimidation of voters, unavailability of results sheets, the disappearance of electoral materials, and noncollation of results in several LGAs. According to NGO observers, serious irregularities marred the Three Rivers rerun elections in December 2016. These included breach of the code of conduct and rules of engagement by the security forces and overt bias by electoral managers and others. There were serious cases of violence perpetrated by the NPF, NA, and DSS that resulted in several deaths. At least one voter and one police officer were killed. There was evidence of election malpractice and ballot hijacking by party agents despite the presence of INEC and security agents.
Civil society organizations reported no legal restrictions on their ability to comment or observe parts of the electoral process. They reported aspects of the electoral process, however, remained opaque, allegedly because of deliberate attempts to undermine or circumvent the integrity of the process by stakeholders or because of INEC’s financial or logistical constraints. According to some civil society organizations, attempts to disenfranchise voters were on the rise through circumvention of permanent voter card procedures and targeted electoral violence. In response to some of these trends, INEC regularly cancelled votes from polling units that failed to use card readers properly.
Participation of Women and Minorities: No laws limit participation of women or members of minorities in the political process, and they did participate. Observers attributed fewer leadership opportunities for women in major parties and government, particularly in the North, to religious and cultural barriers. Women occupied approximately 5 percent of National Assembly seats, and six of the 36 cabinet members were women. Few women ran for elected office at the national level: in the most recent federal elections in 2015, women constituted just 128 of the 746 total candidates (17 percent) for the Senate, and 270 of the 1,772 candidates for the House of Representatives (15 percent).
Section 4. Corruption and Lack of Transparency in Government
Although the law provides criminal penalties for conviction of official corruption, the government did not implement the law effectively, and officials frequently engaged in corrupt practices with impunity. Massive, widespread, and pervasive corruption affected all levels of government and the security services. The constitution provides immunity from civil and criminal prosecution for the president, vice president, governors, and deputy governors while in office. There were numerous reports of government corruption during the year.
Corruption: The Independent Corrupt Practices Commission (ICPC) holds broad authorities to prosecute most forms of corruption. The EFCC writ extends only to financial and economic crimes. The ICPC secured 14 convictions during the reporting period. In 2016 the EFCC had 66 corruption cases pending in court, had secured 13 convictions during the year, and had 598 open investigations.
Although ICPC and EFCC anticorruption efforts remained largely focused on low- and mid-level government officials, following the 2015 presidential election both organizations started investigations into and brought indictments against various active and former high-level government officials. Many of these cases were pending in court. According to both ICPC and EFCC, the delays were the result of a lack of judges and the widespread practice of filing for and granting multiple adjournments.
EFCC arrests and indictments of politicians continued throughout the year, implicating a significant number of opposition political figures and leading to allegations of partisan motivations on the part of the EFCC. In a case brought by the EFCC, in November a federal court convicted four firms allegedly used by a former aide of former president Goodluck Jonathan of laundering 1.67 billion naira ($5.3 million) in stolen funds. In its pursuit of corruption, the EFCC often did not observe all pertinent due process safeguards. In November the Economic Community of West African States Court of Justice declared unlawful the arrest and detention in 2015 of former national security advisor Sambo Dasuki. A court ordered him released on bail in a case brought by the EFCC for the alleged diversion of 13.6 billion naira ($43.2 million) intended to purchase military materiel during the Jonathan administration. Despite the court order, he remained in detention.
Financial Disclosure: The Code of Conduct Bureau and Tribunal Act (CCBTA) requires public officials–including the president, vice president, governors, deputy governors, cabinet ministers, and legislators (at both federal and state levels)–to declare their assets to the Code of Conduct Bureau (CCB) before assuming and after leaving office. The constitution calls for the CCB to “make declarations available for inspection by any citizen of the country on such terms and conditions as the National Assembly may prescribe.” The law does not address the publication of asset information. Violators risk prosecution, but cases rarely reached conclusion.
In 2015 the CCB brought charges before the Code of Conduct Tribunal–a court created by the CCBTA to try violations of that act–against Senate President Bukola Saraki for false declaration of assets. On June 14, the tribunal issued its final judgment, which found Saraki not guilty. As of November the judgment was under appeal.