Nigeria is a federal republic composed of 36 states and the Federal Capital Territory. In February 2019 citizens re-elected President Muhammadu Buhari of the All Progressives Congress party to a second four-year term. Most independent observers agreed the election outcome was credible despite logistical challenges, localized violence, and some irregularities.
The Nigeria Police Force is the primary law enforcement agency, along with other federal organizations. The Department of State Services is responsible for internal security and reports to the president through the national security adviser. The Nigerian Armed Forces are responsible for external security but also have domestic security responsibilities. Consistent with the constitution, the government continued to turn to the armed forces to address internal security concerns, due to insufficient capacity and staffing of domestic law enforcement agencies. There were reports that members of the security forces committed human rights abuses. 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 continued. The groups conducted numerous attacks on government and civilian targets, resulting in thousands of deaths and injuries, widespread destruction, the internal displacement of more than two million persons, and the external displacement of somewhat more than an estimated 300,000 Nigerian refugees to neighboring countries as of December 14.
Significant human rights abuses included: unlawful and arbitrary killings by both government and nonstate actors; forced disappearances by the government, terrorists, and criminal groups; torture and cases of cruel, inhuman, or degrading treatment or punishment by the government and terrorist groups; harsh and life-threatening prison conditions; arbitrary detention by government and nonstate actors; political prisoners; serious problems with the independence of the judiciary; arbitrary or unlawful interference with privacy; serious abuses in an internal conflict, including killing and torture of civilians; serious restrictions on free expression, the press, and the internet, including the existence of criminal libel laws; substantial interference with the rights of peaceful assembly and freedom of association, in particular for lesbian, gay, bisexual, transgender, and intersex persons; severe restrictions on religious freedom; serious acts of corruption; trafficking in persons; inadequate investigation and accountability for violence against women; the existence or use of laws criminalizing consensual same-sex sexual conduct between adults; and the worst forms of child labor.
The government took some steps to investigate alleged abuses by police, including the Special Anti-Robbery Squad and military forces, but impunity remained a significant problem. There were reports of further progress in formally separating and reintegrating child soldiers previously associated with the Civilian Joint Task Force, a nongovernmental self-defense militia, which received limited state government funding.
Boko Haram and the Islamic State in West Africa continued attacks on civilians, military, and police; recruited and forcefully conscripted child soldiers; and carried out scores of person-borne improvised explosive device attacks–many by coerced young women and girls–and other attacks on population centers in the Northeast and in Cameroon, Chad, and Niger. Abductions by Boko Haram and the Islamic State in West Africa 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 the Islamic State in West Africa and took steps to prosecute their members.
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 reports that the government or its agents committed arbitrary, unlawful, or extrajudicial killings. At times authorities sought to investigate, and when found culpable, held police, military, or other security force personnel accountable for the use of excessive or deadly force or for the deaths of persons in custody, but impunity in such cases remained a significant problem. State and federal panels of inquiry investigating suspicious deaths did not always make their findings public.
The national police, army, and other security services sometimes used force to disperse protesters and apprehend criminals and suspects. Police forces engaging in crowd-control operations generally attempted to disperse crowds using nonlethal tactics, such as firing tear gas, before escalating their use of force.
On October 20, members of the security forces enforced curfew by firing shots into the air to disperse protesters, who had gathered at the Lekki Toll Gate in Lagos to protest abusive practices by the Nigerian Police Force’s Special Anti-Robbery Squad (SARS). Accurate information on fatalities resulting from the shooting was not available at year’s end. Amnesty International reported 10 persons died during the event, but the government disputed Amnesty’s report, and no other organization was able to verify the claim. The government reported two deaths connected to the event. One body from the toll gate showed signs of blunt force trauma. A second body from another location in Lagos State had bullet wounds. The government acknowledged that soldiers armed with live ammunition were present at the Lekki Toll Gate. At year’s end the Lagos State Judicial Panel of Inquiry and Restitution continued to hear testimony and investigate the shooting at Lekki Toll Gate.
In August a military court-martial convicted a soldier and sentenced him to 55 years in prison after he committed a homicide while deployed in Zamfara State.
There were reports of arbitrary and unlawful killings related to internal conflicts in the Northeast and other areas (see section 1.g.).
Criminal gangs also killed numerous persons during the year. On January 25, criminals abducted Bola Ataga, the wife of a prominent doctor, and her two children from their residence in the Juji community of Kaduna State. The criminals demanded a ransom of $320,000 in exchange for their return. They killed Ataga several days later after the family was unable to pay the ransom. On February 6, the criminals released the children to their relatives.
In August 2019, to mark the International Day of the Disappeared, Amnesty International issued a statement calling on the government to release immediately hundreds of persons who had been subjected to enforced disappearance and held in secret detention facilities across the country without charge or trial.
Criminal groups abducted civilians in the Niger Delta, the Southeast, and the Northwest, often to collect ransom payments. For example, on the evening of December 11, criminals on motorbikes stormed the Government Science Secondary School in Kankara, Katsina State, abducting 344 schoolboys and killing one security guard. On December 17, the Katsina State government, in conjunction with federal government authorities, secured the release of the boys.
Maritime kidnappings remained common as militants turned to piracy and related crimes to support themselves. For example, in July, Nigerian pirates attacked a Floating Production Storage and Offloading vessel near Rivers State, kidnapping 11 crew members.
Other parts of the country also experienced a significant number of abductions. Prominent and wealthy figures were often targets of abduction, as were religious leaders, regional government leaders, police officers, students, and laborers, amongst others. In January the Emir of Potiskum, Alhaji Umaru Bubaram, and his convoy were attacked on the Kaduna-Zaria Highway. The emir was abducted, and several of his bodyguards were killed. The Abuja-Kaduna road axis was a major target for kidnappers, forcing most travelers to use the train.
Boko Haram and the Islamic State in West Africa (ISIS-WA) conducted large-scale abductions in Borno, Yobe, and Adamawa 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. A 2017 law defines and specifically criminalizes torture. The law prescribes offenses 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. A 2015 law 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 legislation compliant with the 2015 law for the legislation to apply beyond the Federal Capital Territory (FCT) and federal agencies. Two-thirds of the country’s states (Abia, Adamawa, Akwa Ibom, Anambra, Bayelsa, Benue, Cross River, Delta, Edo, Ekiti, Enugu, Jigawa, Kaduna, Kano, Kogi, Kwara, Lagos, Nasarawa, Ogun, Ondo, Osun, Oyo, Plateau, and Rivers) had adopted compliant legislation.
The Ministry of Justice previously established a National Committee against Torture. Lack of legal and operational independence and limited funding hindered the committee from carrying out its work effectively.
The law prohibits the introduction into trials of evidence and confessions obtained through torture. Authorities did not always respect this prohibition. According to credible international organizations, prior to their dissolution, SARS units sometimes used torture to extract confessions later used to try suspects. President Buhari disbanded SARS units in October following nationwide #EndSARS protests against police brutality. Of the states, 28 and the FCT established judicial panels of inquiry to investigate allegations of human rights violations carried out by the Nigerian Police Force and the disbanded SARS units. The panels were made up of a diverse group of civil society representatives, government officials, lawyers, youth, and protesters with the task of reviewing complaints submitted by the public and making recommendations to their respective state government on sanctions for human rights violations and proposed compensation for victims. The work of the judicial panels continued at year’s end.
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. On February 10, the BBC published a report documenting police and military use of a torture practice known as tabay when detaining criminal suspects, including children. Tabay involves binding a suspect’s arms at the elbows to cut off circulation; at times the suspect’s feet are also bound and the victim is suspended above the ground. In response to the BBC video, military and Ministry of Interior officials told the BBC they would investigate use of the practice.
In June, Amnesty International issued a report documenting 82 cases of torture by the SARS from 2017 to May.
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 sometimes taunted and hurled food and other objects at arrestees.
The sharia courts in 12 states and the FCT may prescribe punishments such as caning, amputation, flogging, 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. Sharia courts issued several death sentences during the year. In August a sharia court in Kano State convicted a man of raping a minor and sentenced the man to death by stoning. Authorities often did not carry out sentences of caning, amputation, and stoning ordered by sharia courts because defendants frequently appealed, a process that was often 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 new 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.
According to the Conduct in UN Field Missions online portal, there were no new reports of sexual exploitation or abuse by peacekeepers from Nigeria deployed to UN peacekeeping missions, but there were still five open allegations, including one from 2019, one from 2018, and three from 2017. As of September, two allegations had been substantiated, and the United Nations repatriated the perpetrators, but the Nigerian government had not yet provided the full accountability measures taken for all five open cases.
In Oyo State, two Nigeria Police Force officers were arrested after reportedly mistreating subjects they arrested in July. In September the Nigeria Police Force dismissed 11 officers and filed criminal charges against an additional 19 for misconduct.
Impunity remained a significant problem in the security forces, including in the police, military, and the Department of State Services (DSS). The DSS, police, and military reported to civilian authorities but periodically acted outside civilian control. The government regularly utilized disciplinary boards and mechanisms to investigate security force members and hold them accountable for crimes committed on duty, but the results of these accountability mechanisms were not always made public. Police remained susceptible to corruption, faced allegations of human rights abuses, and operated with widespread impunity in the apprehension, illegal detention, and torture of suspects.
In response to nationwide protests against police brutality, the government on October 11 abolished SARS units. 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. The army had a human rights desk to investigate complaints of human rights abuses brought by civilians, and a standing general court-martial in Maiduguri. The human rights desk in Maiduguri coordinated with the Nigerian Human Rights Commission (NHRC) and Nigerian Bar Association to receive and investigate complaints, although their capacity and ability to investigate complaints outside major population centers remained limited. The court-martial in Maiduguri convicted soldiers for rape, murder, and abduction of civilians. Many credible accusations of abuses remained uninvestigated. The military continued its efforts to train personnel to apply international humanitarian law and international human rights law in operational settings.
d. Arbitrary Arrest or Detention
Although the constitution and law prohibit arbitrary arrest and detention, police and security services at times employed these practices. The law also provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court, but detainees found such protections ineffective, largely due to lengthy court delays. According to numerous reports, 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 did not always follow due process, arresting suspects without appropriate arrest and search warrants.
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. 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 was absent 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 did not permit all terror suspects detained by the military their rights to legal representation, due process, and to be heard by a judicial authority. Rights groups, including Human Rights Watch, expressed concerns regarding inadequate access to defense counsel, a lack of interpreters, and inadequate evidence leading to an overreliance on confessions. It was unclear whether confessions were completely voluntary. Those whose cases were dismissed reportedly remained in detention without clear legal justification. Human rights groups also alleged that in some cases dissidents and journalists were jailed without access to legal representation or had other rights denied, such as the right to a fair and public trial.
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, however, 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 provided women increased access to divorce, child custody, and alimony, among other benefits.
Military courts tried only military personnel, but their judgments could be appealed to civilian courts. 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 court-martial. The law provides for internal appeals before military councils as well as final appeal to the civilian Court of Appeals.
f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence
The law prohibits arbitrary interference, but authorities reportedly infringed on this right during the year, and police entered homes without judicial or other appropriate authorization. In their pursuit of corruption cases, law enforcement agencies allegedly carried out searches and arrests without warrants.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Expression, Including for the Press
Although the constitution and law provide for freedom of speech and press, the government restricted these rights at times.
Freedom of Speech: The constitution entitles every individual to “freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference.” Although federal and state governments usually respected this right, there were reported cases in which the government abridged the right to speech and other expression. Authorities in the north at times restricted free speech by labeling it blasphemy.
Freedom of Press and Media, Including Online Media: A large and vibrant private domestic press frequently criticized the government, but critics reported being subjected to threats, intimidation, arrest, detention, and sometimes violence.
At times civilian leaders instructed security forces to harass journalists covering sensitive topics such as human right abuses, electoral malpractices, high-level public corruption, and the government’s war against terrorism.
Violence and Harassment: Security services detained and harassed journalists, sometimes for reporting on sensitive problems such as political corruption and security. Security services including the DSS and police occasionally arrested and detained journalists who criticized the government. Moreover, army personnel in some cases threatened civilians who provided, or were perceived to have provided, information to journalists or NGOs on misconduct by the military. On at least six occasions, journalists were charged with treason, economic sabotage, or fraud when uncovering corruption or public protests.
Numerous journalists were killed, detained, abducted, or arrested during the year.
On January 21, Alex Ogbu, a reporter for the RegentAfrica Times magazine and website, was shot and killed in a cross fire while covering an IMN protest in Abuja.
On October 24, police arrested Onifade Pelumi, an intern reporter for Gboah TV, as he conducted interviews in a crowd gathered outside a food warehouse in Agege near Lagos. His family was unable to locate him until his body was found in a Lagos morgue two weeks later.
On November 28, soldiers assaulted and detained Voice of America Hausa-service reporter Grace Abdu in Port Harcourt, Rivers State. Abdu was interviewing residents of the Oyigbo community about allegations the army had committed extrajudicial killings of members of the proscribed separatist group the Indigenous People of Biafra (IPOB), as well as killed or indiscriminately arrested civilians during a crackdown against IPOB. She was released later that afternoon.
Censorship or Content Restrictions: The government controlled much of the electronic media through the National Broadcasting Commission (NBC), which is responsible for monitoring and regulating broadcast media. The law prohibits local television stations from transmitting programming from other countries except for special religious programs, sports programs, or events of national interest. Cable and satellite transmission was less restricted. For example, the NBC permitted live transmission of foreign news and programs on cable and satellite networks, but they were required to dedicate 20 percent of their programming time to local content.
The government used regulatory oversight to restrict press freedom, notably clamping down on television and radio stations. Citing violations of amendments to the sixth edition of the Nigeria Broadcasting Code, in August the NBC fined local radio station Nigeria Info 99.3 FM for comments by the former deputy governor of the Central Bank of Nigeria, Obadiah Mailafia, on insecurity in the country. Mailaifia alleged that a northern governor was a sponsor of Boko Haram.
The NBC also sanctioned private television stations Africa Independent Television, Channels TV, and Arise News during October’s #EndSARS protests, alleging their reportage of the nationwide protests relied on unverifiable video footage from social media handles.
Some journalists reported they practiced self-censorship. Journalists and local NGOs claimed security services intimidated journalists, including editors and owners, into censoring reports perceived to be critical of the government. In February, Samuel Ogundipe, a reporter for the newspaper Premium Times, went into hiding after receiving numerous threatening telephone calls, having his email hacked, and being told to stop his reporting that relations between the country’s national security adviser, the army chief of staff, and the chief of staff for the presidency were strained. The newspaper’s editor, Musililu Mojeed, also reported receiving threats and the online edition of Premium Times suffered cyberattacks.
Libel/Slander Laws: Libel and slander are civil offenses and require defendants to prove truthfulness or value judgment in news reports or editorials or pay penalties. The requirement limited the circumstances in which media defendants could rely on the common law legal defense of “fair comment on matters of public interest,” and it restricted the right to freedom of expression. Allegations of libel were also used as a form of harassment by government employees in retaliation for negative reporting. Defamation is a criminal offense carrying a penalty for conviction of up to two years’ imprisonment and possible fines. On October 13, police arrested Oga Tom Uhia, editor of Power Steering, a magazine covering the electrical power sector, at his home in Gwarimpa near Abuja. Uhia was charged with defamation, based on a complaint by Minister of State for Power Goddy Jeddy Agba. As of November, Uhia remained in detention.
On April 28, police arrested Mubarak Bala, president of the Humanist Association of Nigeria, for allegedly posting blasphemous statements regarding the Prophet Muhammad on Facebook. On December 21, the Federal High Court in Abuja ordered the inspector general of police, Mohammed Adamu, and the Nigerian Police Force to release Bala, ruling that his detention without charge for almost eight months violated his rights to freedom of expression and movement, among others. At year’s end the inspector general and police had not complied with the court’s decision, and Bala remained in detention.
Sharia courts sentenced persons for blasphemy. In August singer Yahaya Sharif-Aminu was convicted of blasphemy and sentenced to death by a Kano State sharia court. A 13-year-old boy was convicted of blasphemy and sentenced to 10 years’ imprisonment. Lawyers for both defendants were appealing the convictions at year’s end.
b. Freedoms of Peaceful Assembly and Association
The constitution and law provide for rights to freedom of peaceful assembly and association, but the government limited these rights.