The Human Rights Writers Association of Nigeria, HURIWA, says it will on Tuesday present a letter to the new British Prime Minister, Mrs Theresa May to urge her “to compel President Muhammadu Buhari to direct officers of the security forces and the anti-graft agency such as the Economic and Financial Crimes Commission; the Nigeria Police Force and the Department of State Services (DSS) to comply with constitutional provisions.”
It added that the letter to be delivered by its National Coordinator, Comrade Emmanuel Onwubiko is also for the United Kingdom, UK, leader to make Buhari direct security agencies to stand against violations of the human rights as enshrined in Chapter four of the 1999 Constitution and all relevant international human rights conventions and laws to which Nigeria is a signatory.
In a statement sent from the United Kingdom and endorsed by Onwubiko, HURIWA and the other UK based lawyers agreed that it was time for the Nigerian military operatives who violate the fundamental human rights of the Nigerian citizens to be held accountable and sanctioned severely to serve as deterrent to would be violators.
They commended the Chief of Army Staff, Tukur Buratai for setting up a functional human rights department in the Nigeria Army, and also for adopting pragmatic measures through administrative means to mainstream the teaching of respect for human and constitutional right values in the training manuals of the officers and order ranks of the Nigeria Army.
HURIWA condemned the attacks by armed Islamic fundamentalists on the Suleja Catholic Church near Abuja and the killing of the female Pastor of the Redeemed Church of God in Kubwa, an Abuja suburb by Islamic extremists who were unhappy that she was engaged in early morning evangelisation. HURIWA called on President Muhammadu Buhari to strictly enforce all laws against illegal homicide and stop the spread of the violence by armed Islamists and the killer Fulani terrorists.
The group said, “Black’s Law Dictionary defines homicide as the killing of one person by another and criminal homicide as the act of purposely, knowingly, recklessly or negligently causing the death of another human being.
“Section 33(1) and (2) of the Constitution of the Federal Republic of Nigeria (CFRN) 1999 guarantees the right to life but excludes unintentional killing, killing in execution of a sentence of court and killing from reasonable use of force in certain circumstances from being breach of the right. These provisions constitute the guiding principles for the law of homicide in Nigeria. Unlawful homicide is thus the breach of the right to life.
“In effect, homicide is considered lawful in the following circumstances namely, execution of sentence, self-defence, defence of property, death by misadventure, death arising from lawful arrest or while preventing escape or during rescue after arrest, death caused during a suppression of riot.
“The Nigerian laws on unlawful homicide are the Criminal Code, applicable in the Southern States and Penal Code, applicable in the Northern States.”
While speaking on the crime of unlawful homicide in Nigeria, HURIWA said: “Under the Criminal Code, unlawful homicide may be murder, manslaughter, suicide or infanticide. Section 315, Criminal Code, provides that any person who unlawfully kills another is guilty of an offence which is called murder or manslaughter according to the circumstance of the case.”
“Section 316 of the Criminal Code defines murder as unlawfully killing of another from act done with intention to cause the death or grievous harm or doing of unlawful purpose likely to endanger life. Penalty for murder is death sentence as provided under Section 319 (1) of the Criminal Code but no death sentence for one under the age of 17 at the time of the commission of the offence as provided in Section 319(2), Criminal Code. However for a person to be liable for the act of killing, the death must occur within a year and a day of the act causing it as stated under Section 314 of the Criminal Code.
“The offence of murder is referred to as culpable homicide punishable with death under section 221 of the Penal Code. The offence is defined under section 220 of the Penal Code as causing death by doing act with intention of causing death or bodily injury likely to cause death or with knowledge that the act is likely to cause death or doing a rash or negligent act. It is punishable with death except the death is caused under the circumstances stated in Section 222 of the Penal Code which are provocation, self defence, good faith in doing public service, consent of deceased, maternal mental instability of a mother causing the death of her child under 12 months, or excusable rashness or negligence. “Under Section 317 of the Criminal Code, this second degree unlawful killing is manslaughter and it is punishable with life imprisonment under Section 325, Criminal Code. Section 224 of the Penal Code Culpable, culpable homicide not punishable with death is punishable with life imprisonment or any less term or with fine or both.
“Although by Section 307 of the Criminal Code, a child becomes capable of being killed when it has completely proceeded from the mother, omission or act resulting in death of child before or during birth is killing of that child under section 308, Criminal Code. Killing of an unborn child under Section 328, Criminal Code, is liable to life imprisonment. However by Section 235 Penal Code, causing death of unborn child attracts 14 years or fine or both. Under S.327A Criminal Code, infanticide or killing of child under 12 months by mother under maternal mental instability is manslaughter.
“Aiding suicide under section 326 Criminal Code attracts life imprisonment but Section 227 of the Penal Code provides for imprisonment which may extend to 10 years for aiding suicide and death penalty for abetting suicide of person less than 18, insane person, delirious person, idiot, intoxicated person.
“A child of 7 years is presumed to be incapable of crime and under 12 a mischievous discretion has to clearly proved.”
On the Obligation of the Nigerian State in Enforcement of these Laws, the group opined that “The term ‘enforcement’ is the act of putting something such as a law into effect of the execution of a law or the carrying out of a mandate or command. Enforcement also refers to the act of causing the decision of a court or tribunal to take effect or to compel obedience to it.
“The duty of the Nigerian State to enforce these laws begins right in the Constitution which provides under section 13 that it shall be the duty and responsibility of all organs of government, and of all authorities and persons, exercising legislative, executive or judicial powers, to conform to, observe and apply the provisions of this Chapter of the Constitution more so that Sections 14(1) and 17(1) of the Chapter of Constitution declare Nigeria to be State based on the principles of democracy and social justice and enjoins the State to ensure the independence, impartiality and integrity of courts as a veritable instrument of social justice in the enforcement of laws.
“The Nigerian State is equally mandated by Section 4 of the Police Act, to employ the Police in the prevention and detection of crime, the apprehension of offenders, the preservation of law and order, the protection of life and property and the due enforcement of all laws and regulations with which they are directly charged and what could be more criminal and offensive that the most heinous crime of unlawful killing.
“Law enforcement officials, therefore, have an important role to play in the prevention of the offence and prosecution of alleged offenders in the event of the breach of the laws of unlawful homicide.
“At the same time however, they have to maintain a balance between enforcement of the laws as such and non-interference with the rights of innocent citizens that may constitute breach.”
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