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 225,000 Nigerian refugees to neighboring countries, principally Cameroon, Chad, and Niger. Widespread violence across rural Nigeria, including conflict over land and other resources between farmers and herders, resulted in an estimated 1,300 deaths and 300,000 persons internally displaced between January and July, according to the International Crisis Group (ICG).
Human rights issues included unlawful and arbitrary killings by both government and nonstate actors; forced disappearances by both government and nonstate actors; torture by both government and nonstate actors and prolonged arbitrary detention in life-threatening conditions particularly in government detention facilities; harsh and life threatening prison conditions including civilian detentions in military facilities, often based on flimsy or no evidence; infringement on citizens’ privacy rights; criminal libel; substantial interference with the rights of peaceful assembly and freedom of association, in particular for lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons; refoulement of refugees; corruption; progress to formally separate child soldiers previously associated with the Civilian Joint Task Force (CJTF); lack of accountability concerning violence against women, including female genital mutilation/cutting, in part due to government inaction/negligence; trafficking in persons, including sexual exploitation and abuse by security officials; crimes involving violence targeting LGBTI persons and the 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 the CJTF, a nongovernmental self-defense militia 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 abuses. The government took few steps to investigate or punish CJTF members who committed human rights abuses.
Boko Haram and ISIS-WA conducted numerous attacks targeting civilians. Boko Haram recruited and forcefully conscripted child soldiers and 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 and ISIS-WA continued. Both groups subjected many women and girls to sexual and gender-based violence, including forced marriages, sexual slavery, and rape. The government investigated attacks by Boko Haram and ISIS-WA and took steps to prosecute their members, although the majority of suspected insurgent group supporters were held in military custody without charge.
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 2017 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, and the panel submitted its findings in February. As of November no portions of the report had been made public.
As of September 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 Nigerian Army (NA) forces in Zaria, Kaduna State. In 2016 the government of Kaduna made public the Kaduna State judicial 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 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 September, 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 2016 a federal court declared the continued detention without charge of Zakzaky and his wife illegal and unconstitutional. The court ordered their release by January 2017. The federal government did not comply with this order, and Zakzaky, his spouse, and other IMN members remained in detention. In April the Kaduna State government charged Zakzaky in state court with multiple felonies stemming from the death of the soldier at Zaria. The charges include culpable homicide, which can carry the death penalty. As of December the case was pending. In July a Kaduna High Court dismissed charges of aiding and abetting culpable homicide against more than 80 IMN members. As of September the Kaduna State government had appealed the ruling. Approximately 100 additional IMN members remained in detention.
In October security forces killed 45 IMN members that were participating in processions and protests, according to Amnesty International (AI) (see section 2.b.).
In January AI reported that the Nigerian Air Force used excessive force in responding to intercommunal violence in December 2017 in Numan local government area (LGA) in Adamawa State. According to the report, hundreds of herdsmen attacked eight villages in Adamawa in response to a massacre by farming communities of up to 51 herders, mostly children, in Kikan village the previous month. The Nigerian Air Force said it responded at the request of relevant security agencies for show of force flights to disperse the “hoodlums” engaged in ransacking and burning villages, and subsequently aimed to shoot in front of crowds to deter them from attacking Numan. AI reported that the Air Force response resulted in a fire and destruction in the town, and that Air Force rockets and bullets hit civilian buildings directly and resulted in multiple civilian deaths. The report also stated it was not possible to establish conclusively how much of the death and destruction was attributable to the Air Force’s actions and how much to the concurrent attack by herdsmen. The Air Force denied the claims in a statement but reportedly ordered an investigation. As of September it was unclear if the investigation had been concluded.
In January 2017 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 also were 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 December the government had not made public its findings. No air force or army personnel were known to have been held accountable for their roles 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.).
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The constitution and law prohibit torture and other cruel, inhuman, or degrading treatment. In December 2017, the president signed the Anti-Torture Act, which defines and specifically criminalizes torture. The Act prescribes offences and penalties for any person, including law enforcement officers, who commits torture or aids, abets, or by act or omission is an accessory to torture. It also provides a basis for victims of torture to seek civil damages. 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 the states of Akwa Ibom, Anambra, Cross Rivers, Delta, Ekiti, Enugu, Kaduna, Lagos, Ogun, Ondo, Oyo, and Rivers had adopted ACJA-compliant legislation.
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, according to credible international organizations, the Special Antirobbery Squad (SARS) often used torture to extract confessions later used to try suspects. Police also repeatedly mistreated civilians to extort money.
In 2016 AI reported police officers in the SARS regularly tortured detainees in custody as a means of extracting confessions and bribes. 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 late 2017 citizens began a social media campaign (#EndSARS) to document physical abuse and extortion by SARS officers and demand SARS units be disbanded. In December 2017 the inspector general of police announced plans to reorganize SARS units, but complaints of abuse continued. Several SARS officers were dismissed from the force and, in some instances, prosecuted, and the National Police Force (NPF) sought technical assistance for investigations of SARS officers. The vast majority of misconduct cases, however, went uninvestigated and unpunished. In August then-acting President Yemi Osinbajo ordered the inspector general of police to overhaul the management and activities of SARS, and ordered the NHRC to set up a “Special Panel” with public hearings on SARS abuses. The panel’s work was ongoing at the end of the year and it had not yet issued a report.
Local nongovernmental organizations (NGOs) and international human rights groups accused the security services of illegal detention, inhuman treatment, and torture of criminal suspects, militants, detainees, and prisoners. Military and police reportedly used a range of torture methods including beatings while bound, 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 December the government 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. In the past sharia courts usually carried out caning immediately. In some cases convicted individuals paid fines or went to prison in lieu of caning.
The United Nations reported that it had received four allegations of sexual exploitation and abuse against peacekeepers from Nigeria deployed to the United Nations Mission in Liberia. The cases involve both sexual exploitation (three allegations) and abuse (one allegation). Investigations both by the United Nations and Nigeria were pending. Three allegations were reported in 2017.
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 July they held 73,631 prisoners. Approximately 68 percent of inmates were in pretrial detention or remanded. As of July there were 1,475 female inmates. Authorities sometimes held female and male prisoners together, especially in rural areas. Prison authorities often held juvenile suspects with adults.
Prisoners and detainees were reportedly subjected to 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. For example, according to press reports from December 2017, Agodi Minimum Security Prison, in Oyo State, had 1,104 inmates despite a maximum capacity of 390. Port Harcourt Prison, designed to hold 800 inmates, held approximately 5,000, while Kirikiri Maximum Security Prison in Lagos, with a capacity of 956 inmates, held approximately 2,600.
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 2017 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 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 2017 survey of 198 of the country’s 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 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 continued to operate, including the Giwa Barracks facility in Maiduguri, Borno State. Although conditions in the Giwa Barracks detention facility reportedly marginally improved, detainees were denied due process and subjected to arbitrary and indefinite detention in conditions that remained harsh and life threatening (see section 1.g.). An AI report released in May documented multiple cases where women determined their husbands had died in custody in previous years. The same report also documented the arbitrary detention of women and children at Giwa Barracks. AI reported that citizens were generally not able to access any information about the fate or welfare of family members in military detention, or whether they were in fact detained. There were no reports of accountability for past reported deaths in custody, nor for earlier reports from AI alleging that an estimated 20,000 persons in the region were arbitrarily detained between 2009-15 with as many as 7,000 dying of thirst, starvation, suffocation, disease due to overcrowding, lack of medical attention, the use of fumigation chemicals in unventilated cells, torture, or extrajudicial execution.
After multiple releases during the year (see Improvements sub-subsection), it was unclear how many children or adults remained in detention at Giwa Barracks or other unofficial detention facilities. According to press and NGO reporting, the military continued to arrest and remand to military detention facilities, including Giwa Barracks, additional persons suspected of association with Boko Haram or ISIS-WA.
The government continued to arrest and, in some cases, inappropriately detain for prolonged periods, women and children removed from or allegedly associated with Boko Haram and ISIS-WA. They included women and girls who had been forcibly married to or sexually enslaved by the insurgents. The government reportedly detained them for screening and their perceived intelligence value. A credible international organization, however, reported the typical length of time spent in detention shortened during the year. Separately, an AI report from May documented severe restrictions on freedom of movement for IDPs held in satellite camps in many parts of Borno State. According to the report, restrictions on entry and exit confined IDPs, in some instances, to conditions constituting de facto detention for prolonged periods.
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. In June the NHRC announced it was beginning a nationwide audit of all detention facilities. As of October the audit was not complete. 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, Nigerian Prisons Services (NPS), and some military detention facilities.
Improvements: An international organization reported that at least 2,486 persons were released from Giwa Barracks during the year. The majority were transferred to a rehabilitation center run by the Borno State government in Maiduguri. Another 159 were transferred to a deradicalization program in Gombe State, under the auspices of Operation Safe Corridor (OPSC). For the first time OPSC graduated 91 former low-level Boko Haram affiliate members and former Giwa Barracks detainees from its deradicalization program. Some OPSC graduates faced difficulty in reintegrating into communities due to stigmatization from being associated with Boko Haram, and 46 graduates originally from Gwoza LGA were initially “rejected” by their communities. The Gwoza LGA subcommittee on reintegration was actively working with the community to reintegrate them.
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 year. 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 October the EFCC arrested and indicted former governor of Ekiti State Ayo Fayose on 11 counts including conspiracy and money laundering amounting to 2.2 billion naira ($6 million). After a Federal High Court ruling, Fayose was out on 50 million naira ($137,500) bail.
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. In June 2017 the tribunal dismissed all 18 charges against Saraki for lack of evidence. The government appealed and, in December 2017 the federal Court of Appeal affirmed the CCT’s dismissal with respect to 15 counts, but determined there was sufficient evidence to proceed on three counts. Saraki appealed to the Supreme Court, which affirmed the June 2017 decision of the CCT dismissing all charges.
Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
Domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials sometimes cooperated and responded to their views, but generally dismissed allegations quickly without investigation. In some cases the military threatened NGOs and humanitarian organizations. In April then-Theater Commander for Operation Lafiya Dole, Major General Rogers Nicholas, publicly said three UNICEF Child Protection staff were “persona non grata in the North East” and suggested they were “enemies of Nigeria and the military” who made “spurious and malicious allegations of human rights violations” as a result of UNICEF’s reporting on various human rights issues including sexual and gender based violence and past use of child soldiers in support roles. In May the army issued a statement regarding AI’s intention to release a “malicious” and “false report on fictitious rape incidents in IDP camps in the North East region of Nigeria.” One day prior, protestors–some of whom were reportedly paid to protest by unknown parties–surrounded AI’s Abuja offices. In June the army issued a press release referring to “the Amnesty International (AI) Barnawi faction of B[oko] H[aram] T[errorists],” an apparent reference to the Abu Musab Al-Barnawi group known as ISIS-WA. No retraction was issued and, as of December, the press release remained accessible on the army’s Facebook page.
Government Human Rights Bodies: The law establishes the NHRC as an independent nonjudicial mechanism for the promotion and protection of human rights. The NHRC monitors human rights through its zonal affiliates in the country’s six political regions. The NHRC is mandated to investigate allegations of human rights abuses and publishes periodic reports detailing its findings, including torture and poor prison conditions. The commission, however, served more of an advisory, training, and advocacy role. During the reporting period, there were no reports its investigations led to accountability. The law provides for recognition and enforcement of NHRC awards and recommendations as court decisions, but it was unclear if this happened. In April the Senate confirmed Anthony Ojukwu as executive secretary of the NHRC, which had been without an executive secretary since 2016.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: The Violence Against Persons Prohibition (VAPP) Act addresses sexual violence, physical violence, psychological violence, harmful traditional practices, and socioeconomic violence. The VAPP cites spousal battery, forceful ejection from the home, forced financial dependence or economic abuse, harmful widowhood practices, female genital mutilation/cutting (FGM/C), other harmful traditional practices, substance attacks (such as acid attacks), political violence, and violence by state actors (especially government security forces) as offenses. Victims and survivors of violence are entitled to comprehensive medical, psychological, social, and legal assistance by accredited service providers and government agencies, with their identities protected during court cases. As of March only Anambra, Ebonyi, and Oyo states, in addition to the FCT, had domesticated the VAPP.
The law criminalizes rape, but it remained widespread. In 2013 Positive Action for Treatment Access, an NGO focused on HIV treatment, released a countrywide survey of 1,000 preadolescents and adolescents (ages 10 to 19), which noted three in 10 girls reported their first sexual encounter was rape. For example, in October, 13-year-old Ochanya Ogbanje died from a traumatic fistula caused by multiple rapes allegedly committed over a period of years by her guardian, 51-year-old Andrew Ogbuja, and his son, Victor Ogbuja.
Sentences for persons convicted of rape and sexual assault were inconsistent and often minor. The VAPP provides penalties for conviction ranging from 12 years to life imprisonment for offenders older than 14 and a maximum of 14 years’ imprisonment for all others. It also provides for a public register of convicted sexual offenders and appointment of protection officers at the local government level to coordinate with courts and provide for victims to receive various forms of assistance (e.g., medical, psychosocial, legal, rehabilitative, and for reintegration) provided by the VAPP. The act also includes provisions to protect the identity of rape victims and a provision empowering courts to award appropriate compensation to victims of rape. Because the VAPP has only been domesticated in a handful of states, state criminal codes continued to govern most rape and sexual assault cases, and typically allowed for lesser sentences.
There is no comprehensive law for combatting violence against women that applies across the country. Victims and survivors had little or no recourse to justice. While some, mostly southern, states enacted laws prohibiting some forms of gender violence or sought to safeguard certain rights, a majority of states did not have such legislation.
The VAPP provides for up to three years’ imprisonment, a maximum fine of 200,000 naira ($635), or both for conviction of spousal battery. It also authorizes courts to issue protection orders upon application by a victim and directs the appointment of a coordinator for the prevention of domestic violence to submit an annual report to the federal government. Notwithstanding these federal provisions, only the states of Cross River, Ebonyi, Jigawa, and Lagos had enacted domestic violence laws.
Domestic violence remained widespread, and many considered it socially acceptable. The National Crime Victimization and Safety Survey for 2013 of the CLEEN Foundation–formerly known as Center for Law Enforcement Education–reported 30 percent of male and female respondents countrywide claimed to have been victims of domestic violence.
Police often refused to intervene in domestic disputes or blamed the victim for provoking the abuse. In rural areas, courts and police were reluctant to intervene to protect women who formally accused their husbands of abuse if the level of alleged abuse did not exceed local customary norms.
Female Genital Mutilation/Cutting (FGM/C): Federal law criminalizes female circumcision or genital mutilation, but the federal government took no legal action to curb the practice. While 12 states banned FGM/C, once a state legislature criminalizes FGM/C, NGOs found they had to convince local authorities that state laws apply in their districts.
The VAPP penalizes a person convicted of performing female circumcision or genital mutilation with a maximum of four years in prison, a fine of 200,000 naira ($635), or both. It punishes anyone convicted of aiding or abetting such a person with a maximum of two years’ imprisonment, a fine of 100,000 naira ($317), or both.
For more information, see Appendix C.
Other Harmful Traditional Practices: According to the VAPP, any person convicted of subjecting another person to harmful traditional practices may be punished with up to four years’ imprisonment, a fine not exceeding 500,000 naira ($1,590), or both. Anyone convicted of subjecting a widow to harmful traditional practices is subject to two years’ imprisonment, a fine not exceeding 500,000 naira ($1,590), or both. For purposes of the VAPP, a harmful traditional practice means all traditional behavior, attitudes, or practices that negatively affect the fundamental rights of women or girls, to include denial of inheritance or succession rights, FGM/C or circumcision, forced marriage, and forced isolation from family and friends.
Despite the federal law, purdah, the cultural practice of secluding women and pubescent girls from unrelated men, continued in parts of the North. “Confinement,” which occurred predominantly in the Northeast, remained the most common rite of deprivation for widows. Confined widows were subject to social restrictions for as long as one year and usually shaved their heads and dressed in black as part of a culturally mandated mourning period. In other areas communities viewed a widow as a part of her husband’s property to be “inherited” by his family. In some traditional southern communities, widows fell under suspicion when their husbands died. To prove their innocence, they were forced to drink the water used to clean their deceased husbands’ bodies.
Sexual Harassment: Sexual harassment remained a common problem. No statutes prohibit sexual harassment, but assault statutes provide for prosecution of violent harassment. The VAPP criminalizes stalking, but it does not explicitly criminalize sexual harassment. The act criminalizes emotional, verbal, and psychological abuse and acts of intimidation.
The practice of demanding sexual favors in exchange for employment or university grades remained common. For example, in June, Obafemi Awolowo University, in Osun State, fired management and accounting professor Richard Akindele after a student recorded him soliciting sex in return for a better grade. Women suffered harassment for social and religious reasons in some regions.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.
Discrimination: Although the constitution provides the same legal status and rights for women as for men, women experienced considerable economic discrimination. The law does not mandate equal remuneration for work of equal value, nor does it mandate nondiscrimination based on gender in hiring.
Women generally remained marginalized. No laws prohibit women from owning land, but customary land tenure systems allowed only men to own land, with women gaining access to land only via marriage or family. Many customary practices also did not recognize a woman’s right to inherit her husband’s property, and many widows became destitute when their in-laws took virtually all the deceased husband’s property.
In the 12 northern states that adopted sharia law, sharia and social norms affected women to varying degrees. For example, in Zamfara State local governments enforced laws requiring the separation of Muslim men and women in transportation and health care. In 2013 the Kano State government issued a statement declaring men and women must remain separate while using public transportation.
The testimony of women carried less weight than that of men in many criminal courts. Women could arrange but not post bail at most police detention facilities.
Birth Registration: Children derive their citizenship from their parents. The government does not require birth registration, and the majority of births were unregistered. The 2013 Nigeria Demographic and Health Survey, the most recent data available, found that only 30 percent of births of children younger than age five were registered. Lack of documents did not result in denial of education, health care, or other public services. For additional information, see Appendix C.
Education: The law requires provision of tuition-free, compulsory, and universal basic education for every child of primary and junior secondary school age. According to the constitution, women and girls are supposed to receive career and vocational guidance at all levels, as well as access to quality education, education advancement, and lifelong learning. Despite these provisions, extensive discrimination and impediments to female participation in education persisted, particularly in the North.
Public schools remained substandard, and limited facilities precluded access to education for many children.
Most educational funding comes from the federal government, with state governments required to pay a share. Public investment was insufficient to achieve universal basic education. Actual budget execution was consistently much lower than approved funding levels. Increased enrollment rates created challenges in ensuring quality education. According to UNICEF in some instances there were 100 pupils for one teacher.
Of the approximately 30 million primary school-age children, an estimated 10.5 million were not enrolled in formally recognized schools. The lowest attendance rates were in the North, where rates for boys and girls were approximately 45 percent and 35 percent, respectively. According to UNICEF, in the North, for every 10 girls in school, more than 22 boys attended. Approximately 25 percent of young persons between ages 17 and 25 had fewer than two years of education.
In many regions social and economic factors resulted in discrimination against girls in access to education. In the face of economic hardship, many families favored boys in deciding which children to enroll in elementary and secondary schools. According to the 2015 Nigeria Education Data Survey, attendance rates in primary schools increased to 68 percent nationwide, with school-age boys continuing to be somewhat more likely than girls to attend primary school. According to the survey, primary enrollment was 91 percent for boys and 78 percent for girls; secondary enrollment was 88 percent for boys and 77 percent for girls. Several states in the North, including Niger and Bauchi, had enacted laws prohibiting the withdrawal of girls from school for marriage, but these laws were generally not enforced.
The Northeast had the lowest primary school attendance rate. The most pronounced reason was the Boko Haram and ISIS-WA insurgencies, which prevented thousands of children from continuing their education in the states of Borno and Yobe (due to destruction of schools, community displacement, and mass movement of families from those crisis states to safer areas). According to HRW, between 2009 and 2015, attacks in the Northeast destroyed more than 910 schools and forced at least 1,500 others to close.
Child Abuse: Child abuse remained common throughout the country, but the government took no significant measures to combat it. Findings from the Nigeria Violence Against Children Survey released in 2015 revealed approximately six of every 10 children younger than age 18 experienced some form of physical, emotional, or sexual violence during childhood. One in two children experienced physical violence, one in four girls and one in 10 boys experienced sexual violence, and one in six girls and one in five boys experienced emotional violence.
In 2010 the Ministerial Committee on Madrasah Education reported 9.5 million children worked as “almajiri,” poor children from rural homes sent to urban areas by their parents ostensibly to study and live with Islamic teachers. Instead of receiving an education, many “almajiri” were forced to work manual jobs or beg for alms that were given to their teacher. The religious leaders often did not provide these children with sufficient shelter or food, and many of the children effectively became homeless.
In some states children accused of witchcraft were killed or suffered abuse, such as kidnapping and torture.
So-called baby factories operated, often disguised as orphanages, religious or rehabilitation centers, hospitals, or maternity homes. They offered for sale the newborns of pregnant women–mostly unmarried girls–often held against their will and raped. The persons running the factories sold the children for various purposes, including adoption, child labor, child trafficking, or sacrificial rituals, with the boys’ fetching higher prices. In April 162 children were rescued after police carried out a raid on a baby factory in Lagos.
Early and Forced Marriage: The law sets a minimum age of 18 for marriage for both boys and girls. The prevalence of child marriage varied widely among regions, with figures ranging from 76 percent in the Northwest to 10 percent in the Southeast. Only 25 state assemblies adopted the Child Rights Act of 2003, which sets the minimum marriage age, and most states, especially northern states, did not uphold the federal official minimum age for marriage. The government engaged religious leaders, emirs, and sultans on the problem, emphasizing the health hazards of early marriage. Certain states worked with NGO programs to establish school subsidies or fee waivers for children to help protect against early marriage. The government did not take legal steps to end sales of young girls into marriage.
According to an NGO, education was a key indicator of whether a girl would marry as a child–82 percent of women with no education were married before 18, as opposed to 13 percent of women who had at least finished secondary school. In the North parents complained the quality of education was so poor that schooling could not be considered a viable alternative to marriage for their daughters. Families sometimes forced young girls into marriage as early as puberty, regardless of age, to prevent “indecency” associated with premarital sex or for other cultural and religious reasons. Boko Haram subjected abducted girls to forced marriage. For additional information, see Appendix C.
Sexual Exploitation of Children: The 2003 Child Rights Act prohibits child prostitution and sexual intercourse with a child, providing penalties for conviction from seven years’ to life imprisonment, respectively, for any adults involved. Two-thirds of states had adopted the act.
The VAPP criminalizes incest and provides prison sentences for conviction of up to 10 years. The Cybercrimes Act of 2015 criminalizes the production, procurement, distribution, and possession of child pornography with prison terms if convicted of 10 years, a fine of 20 million naira ($63,500), or both.
Sexual exploitation of children remained a significant problem. Children were exploited in commercial sex, both within the country and in other countries. Girls were victims of sexual exploitation in IDP camps. There were continued reports that camp officials and members of security forces, including some military personnel, used fraudulent or forced marriages to exploit girls in sex trafficking (see section 1.g.).
Displaced Children: In July the IOM reported there were approximately 1.8 million persons displaced in the states of Adamawa, Bauchi, Borno, Gombe, Taraba, and Yobe. Children younger than age 18 constituted 56 percent of the IDP population, with 48 percent of them under age five. Many children were homeless and lived on the streets.
International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.
An estimated 700 to 900 members of the Jewish community, who were foreign employees of international firms, resided in Abuja. Although not recognized as Jews by mainstream Jewish communities, between 2,000 and 30,000 ethnic Igbos claimed Jewish descent and practiced some form of Judaism. There were no reports of anti-Semitic acts.
Trafficking in Persons
See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.
Persons with Disabilities
No federal laws prohibit discrimination against persons with disabilities, but the constitution (as amended) does prohibit discrimination based on the “circumstances of one’s birth.”
Some national-level polices such as the National Health Policy of 2016 provide for health-care access for persons with disabilities. Plateau and Lagos states have laws and agencies that protect the rights of persons with disabilities, while Akwa-Ibom, Ekiti, Jigawa, Kwara, Ogun, Osun, and Oyo States took steps to develop such laws. The Ministry of Women’s Affairs and Social Development has responsibility for persons with disabilities. Some government agencies, such as the NHRC and the Ministry of Labor and Employment, designated an employee to work on issues related to disabilities.
Mental health-care services were almost nonexistent. Officials at a small number of prisons used private donations to provide separate mental health facilities for prisoners with mental disabilities. All prisoners with disabilities stayed with the general inmate population and received no specialized services or accommodations.
Persons with disabilities faced social stigma, exploitation, and discrimination, and relatives often regarded them as a source of shame. Many indigent persons with disabilities begged on the streets. The government operated vocational training centers in Abuja and Lagos to train indigent persons with disabilities. Individual states also provided facilities to help persons with physical disabilities become self-supporting. The Joint National Association of Persons with Disabilities served as the umbrella organization for a range of disability groups.
The ethnically diverse population consisted of more than 250 groups speaking 395 different languages. Many were concentrated geographically. Three major groups–the Hausa, Igbo, and Yoruba–together constituted approximately half the population. Members of all ethnic groups practiced ethnic discrimination, particularly in private sector hiring patterns and the segregation of urban neighborhoods. A long history of tension existed among some ethnic groups. The government’s efforts to address tensions among ethnic groups typically involved heavily concentrated security actions, incorporating police, military, and other security services, often in the form of a joint task force.
The law prohibits ethnic discrimination by the government, but most ethnic groups claimed marginalization in terms of government revenue allocation, political representation, or both.
The constitution requires the government to have a “federal character,” meaning that cabinet and other high-level positions must be distributed to persons representing each of the 36 states or each of the six geopolitical regions. President Buhari’s cabinet appointments conformed to this policy. Traditional relationships were used to pressure government officials to favor particular ethnic groups in the distribution of important positions and other patronage.
All citizens have the right to live in any part of the country, but state and local governments frequently discriminated against ethnic groups not indigenous to their areas, occasionally compelling individuals to return to a region where their ethnic group originated but where they no longer had ties. State and local governments sometimes compelled nonindigenous persons to move by threats, discrimination in hiring and employment, or destruction of their homes. Those who chose to stay sometimes experienced further discrimination, including denial of scholarships and exclusion from employment in the civil service, police, and military. For example, in Plateau State the predominantly Muslim and nonindigenous Hausa and Fulani faced significant discrimination from the local government in land ownership, jobs, access to education, scholarships, and government representation.
Land disputes, ethnic differences, settler-indigene tensions, and religious affiliation contributed to clashes between Fulani herdsmen and farmers throughout the Middle Belt (the central part of the country). “Silent killings,” in which individuals disappeared and later were found dead, occurred throughout the year.
Conflicts concerning land rights continued among members of the Tiv, Kwalla, Jukun, Fulani, and Azara ethnic groups living near the convergence of Nassarawa, Benue, and Taraba states.
Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
The 2014 SSMPA effectively renders illegal all forms of activity supporting or promoting lesbian, gay, bisexual, transgender, and intersex (LGBTI) rights. According to the SSMPA, anyone convicted of entering into a same-sex marriage or civil union may be sentenced to up to 14 years’ imprisonment. During the year the government brought formal charges under the SSMPA for the first time. As of November a hotel owner and two staff were awaiting trial on charges of aiding and abetting homosexual activities in violation of Section 5(2) of the SSMPA. The offense carries a 10-year sentence if convicted.
Following passage of the SSMPA, LGBTI persons reported increased harassment and threats against them based on their perceived sexual orientation or gender identity. News reports and LGBTI advocates reported numerous arrests, but detainees were in all cases released without formal charges after paying a bond, which was oftentimes nothing more than a bribe. In a report published in October, HRW found no evidence of any SSMPA-based prosecutions. According to HRW, however, the law had become a tool used by police and members of the public to legitimize human rights violations against LGBTI persons such as torture, sexual violence, arbitrary detention, extortion, and violations of due process rights.
In the 12 northern states that adopted sharia, adults convicted of engaging in same-sex sexual activity may be subject to execution by stoning. Sharia courts did not impose such sentences during the year. In previous years individuals convicted of same-sex sexual activity were sentenced to lashing.
In July 2017 police in Lagos arrested approximately 70 individuals, including 13 minors, at a hotel party where police stated homosexual activities took place. In November 2017 the charges against the 13 minors were dismissed without a plea. In December 2017 the 27 adults agreed entered into a plea deal in which they pled guilty to unlawful assembly and were sentenced to time served and 30 days of community service. The hotel owner and two staff members, however, were charged with aiding and abetting homosexual activities in violation of Section 5(2) of the SSMPA, which carries a 10-year sentence if convicted. This was the first time the state had brought formal charges under the SSMPA. The three individuals were released on bail in December 2017, and their cases dismissed in August.
Several NGOs provided LGBTI groups with legal advice and training in advocacy, media responsibility, and HIV/AIDS awareness, as well as providing safe havens for LGBTI individuals. The government and its agents did not impede the work of these groups during the year.
HIV and AIDS Social Stigma
The public considered HIV to be a disease and a result of immoral behavior and a punishment for same-sex sexual activity. Persons with HIV/AIDS often lost their jobs or were denied health-care services. Authorities and NGOs sought to reduce the stigma and change perceptions through public education campaigns.
Other Societal Violence or Discrimination
The ICG reported that at least 1,300 citizens were killed in violence involving herders and farmers. An estimated 300,000 persons were also displaced by the violence. According to ICG, what were once spontaneous attacks have increasingly become premeditated, scorched-earth campaigns driven primarily by competition for land between farmers and herders.
Various reports indicated street mobs killed suspected criminals during the year. In most cases these mob actions resulted in no arrests.
Ritualists who believed certain body parts confer mystical powers kidnapped and killed persons to harvest body parts for rituals and ceremonies. For example, in April police in Ogun State discovered a shrine containing the body of a man allegedly killed for ritual purposes.
Persons born with albinism faced discrimination, were considered bad luck, and were sometimes abandoned at birth or killed for witchcraft purposes.