CHAPTER ONE
IMTRODUCTION
1.1 Background of Study
Nigeria has implemented several human rights documents, charters, treaties and
conventions|, treaties and accords. Nigeria, on December 19th 1966, approved the
ICCPR, which the UN General Assembly adopted in line with the proclamation of the
international organisation Charter. As a result, it considers respect for freedoms and
rights and implies the performance of duties on the citizen's part. It draws focus on the
purpose that political and civil ownership mustn't be disjointed from social, cultural,
and financial rights in their universal definition because achieving social, cultural, and
economic rights could be a promise of political rights. Human rights are inalienable and
must be enjoyed by every person.
Nevertheless, human rights are relatively often violated in Nigeria on numerous
alternative levels kind as torture, arbitrary arrest, brutality, degrading or perhaps abuse
illegal search, and deprivation of life, among others. This particular human rights
violation can stem from the authorities and brass meant to enforce the rights. Sadly,
many human rights violations are administered by law enforcement officials
answerable for enforcement.
There's a say the Police is our friend, the friend of ours. Nevertheless, the alternative
will be the case in a country like Nigeria. Ordinary citizens think the policeman is
dangerous, not a devotee (Omilana, 2019). In every country, the police are the state
agencies tasked to uphold the law and maintain social orders. The Police may also be
permitted to employ reasonable force in carrying out the assignment. The use of Police
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in carrying out their mandated duties is governed and constrained by the Police Act,
professional ethics, international conventions, and other laws. Despite these rules, the
police in most societies employ excessive force beyond what is legalized by law in
order to carry out their duties. In the process, they grossly flout the law and commit
extrajudicial killings, torture, and inhumane treatment of civilians, citizens, or anyone
else; ironically, these are the same people who had earlier sworn to protect (Segun,
2016). The Special Anti-Robbery Squads (SARS) officers' inhumane treatment of
citizens in society revealed the call for an evaluation of the criminal justice arrangement
to stop judicial usurpation of respect for established authority, which could result in the
total collapse of law and order (Bakare, 2018). With a focus on exposing the scope of
unlawful police killings, particularly in Nigeria, the Special Anti Robbery Squad
(SARS) is defined as the product. Similar to this, numerous instances of extrajudicial
killings committed by SARS officers in the area need to be investigated. Through
beatings, indiscriminate shooting, "maiming and killing and maiming" of citizens,
unnecessary restraints like handcuffs and leg chains, excessive use of firearms against
suspects and defenceless bystanders, and torturing suspects for confession, citizens are
mishandled, rough handled, and brutalised in various ways (Human Rights Watch,
2018).
However, a disproportionate number of those cases are kept secret by Nigerian law
enforcement officials in "their stations, their stations," where evidence is also ruined
and consumers are not made aware of the existence of such proof (Taiwo, 2018). This
is consistent with the fact that when the family members of the victims seek redress in
a comparable court of law, they are frequently denied justice. Unfortunately, there have
recently been many criminal accusations made against the members of the Nigerian
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Police's Special Anti-Robbery Squads (SARS) as well as widespread public protests.
Trigger-happy and inebriated SARS officers unlawfully kill and eliminate numerous
innocent civilians in almost every region of the nation, in that order (Segun,2016). The
said SARS officers would gale certain locations, such as checkpoints on interstate
roads, beer joints, movie theatres, clubhouses, and other locations, to enforce unlawful
arrests under the pretext of "looking for boys" or perhaps internet fraudsters within the
states (International Centre for Investigating Reporting, 2018). The Nigerian Police
frequently use illegal and unnecessary firearms, which is a problem that extends beyond
a few isolated incidents. During police operations, there are numerous unlawful
killings. In other cases, police officers shoot and kill motorists who refuse to pay bribes
when stopped at checkpoints. Others are killed after being arrested, allegedly for trying
to flee, while some are killed in the street because the police later claim they are "armed
robbers." Many people who are in police custody vanish and are frequently
extrajudicially executed (Human Rights Watch, 2018). Numerous families are
devastated by the illegal killings of their innocent and deserving members as a result of
the misconduct, unprofessionalism, indiscriminate shootings, and incompetence of the
Nigerian Police Unit officers known as the Special Anti Robbery Squad (SARS). The
study continues by examining the instances and trends of the violent and illegal killing
of civilians by members of the Special Anti-Robbery Squads (SARS) unit of the Police;
the causes of the brutality; and the dangers these evil deeds pose to national security.
1.2 Statement of the Problem
The Nigerian Police are assigned the duty of maintaining law and order. Additionally,
to protect, prevent and investigates criminal activities. In discharging these duties, the
force has, over the years, failed. The researcher found the gap in scholarly research over
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the years by some inherent issues and challenges and issues that have militated the force
in applying its statutory powers. The researcher intends to fill. A number of these issues
the researcher finds necessary:
1. The neglect of human rights, inducement, corruption within the force, flagrant
shooting of suspects and fellow cops, illiteracy and incompetence of certain law
enforcement officials to the mounting of illegal roadblocks.
2. Absence of reverence for fundamental human rights of each citizen when
discharging their duties. These rights and liberties spearhead the operation of
the rule of law altogether democracies globally. When the Nigerian Constitution
of 1999 lays aside an entire chapter which declares and provides for the defence
of those rights, the Police still carry out their abuse.
3. There is a lack of police oversight, starting with minor errors or even outright
crimes like fabricating criminal records against suspects, which is disturbing.
These incidents, police acts, or maybe inactions, demonstrate a flagrant disdain
for the fundamentals of the law, harming police discipline and making fun of
Nigeria's law enforcement organisation.
4. The constabulary claims that a number of the crimes they performed in the name
of justice includes police extortion at road checkpoints, arbitrary detention and
arrest, torture of prisoners, and administrative cover-ups were justified.
5. In spite of the realities of the present period, the Nigerian Police remain
crippled.
1.3 Research Questions
The study addresses the following questions:
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1. What is the extent and nature of human rights violations in Nigeria?
2. Why did it take the SARS protest for the state to manage the issue of human
rights abuses which had been increasing by the Special Anti-Robbery Squads in
Nigeria?
3. How do citizens react to Nigeria's human rights violations?
1.4 Purpose of Study
The aim of this particular study:
a) Examine the role of the Nigerian personnel within the administration of justice and
the failure to value the fundamental human rights of the citizens of this nation.
B) Identify the inadequacies of Police in discharging their functions and, consequently,
the excessive use of force on the citizens and how they respond to those.
C) Proffer practical solutions for combating a repetition of the tip SARS protest.
1.5 significance of the study
It analyses the role of the police within Nigeria's administration of justice in order to
provide the general public greater views on police administration. This study was
required to bring attention to the Police's flagrant violations of human rights and the
worrisome rise in the rate across the country, which frequently leaves much to be
desired. This study will be a credible source of information for anyone and everyone
with the aforementioned questions. The court, other sister| agencies to the Police, and
hence justice administrators will benefit from it. It would be highly beneficial to
policymakers, authorities, students, and anybody else concerned with the peaceful
coexistence of the Nigerian people since it will give proper suggestions on how to
prevent the growth in crimes.
1.6 scope of the study
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The examination of the SARS that led to the tip SARS protest in 2020 provides the
background for evaluating Nigerian security agencies (Nigeria personnel, SARS) and
rights violations in Nigeria. Therefore, the emphasis of this paper is on human rights
abuses in Nigeria from 1999 to the present, particularly the 2020 Endsars protest against
human rights abuses.
1.7 Limitation to study
The research was motivated by number variables, some of which limited its reach.
a. Research material accessibility: The amount of research material available to
the researcher is insufficient, which restricts the investigation.
b. Time Restrictions: The researcher's study time was restricted by other
departmental duties, but the researcher was ready to commit to the time allotted
for finishing the investigation task.
c. Financial Restrictions: The researcher had a restricted budget and couldn't
visit every location to get replies from respondent, yet she still managed to get
useful data on the study subject.
1.8 Operational Definition of Terms
Enforcement agents' abuses of human rights are caused by a number of fundamental
issues. These infractions mostly have institutional origins. In this, it comes from the
Police officers themselves, and the government's code of conduct and procedures
provide its framework.
The Nigerian police force (SARS) and human rights are two of the researcher's key
ideas.
The Special Anti-Robbery Squads (SARS) of the Nigerian Police (SARS).
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The Nigerian Personnel Force (NPF) is described as a Federal organisation by Abiodun
et al. in year 2020. In accordance with Section 214 of the 1999 Constitution, the NPF
was created. The purpose, organisation, and management of the force are detailed in
the Police Act (1990). 1943 saw the creation of the Act and 1967 saw its revision (Police
Act Cap, 2004). Operational control of the Nigerian defence force is held by the
Commander-In-Chief and President, who also select the Inspector General of Police
(IGP), who is likely to be in charge of the Police. In a similar line, the Ministry of Police
Affairs is responsible for the Nigerian Police's financial, executive, and logistical
administration. Simeon Danladi, a former Commissioner of Police, formed the Special
Anti Robbery Squad (SARS), a feared anticrime section of the Nigerian police force
(NPF), in 1992. The already-existing Anti-Robbery Squad was given the title Special
Anti-Robbery Squads by adding the term "Special" to it (SARS).
2019 (Oluwafifehan). SARS is one of the fourteen divisions of the Nigerian Police
Criminal Investigation and Intelligence Department, according to the personnel's
spokesman, Jimoh Moshood. It was created to identify, apprehend, and bring charges
against those responsible for violent crimes such armed robberies, kidnappings,
murders, hired assassinations, and other serious criminal activity. Due to the law
enforcement agency itself, anti-robbery as a method of fighting theft has existed for a
very long time in Nigeria. Criminal Investigation Departments at Force Headquarters,
Zonal and State Command levels were informed by all members of the anti-robbery
unit that they existed (Oluwafifehan2019). Recently, torture has continued to be used
often by Police units, especially SARS units (Amnesty International, 2016).
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Every civilization, regardless of its degree of development, is likely to adopt the Idea
of Human Rights in order to guarantee all groups' rights regardless of their
circumstances.
The Universal Declaration of Human Rights was created by the United Nations in 1948
as a result of this (UDHR). This proclamation lists and emphasises each right that most
guys have, irrespective of their race, colour, ethnicity, or non-secular beliefs. Therefore,
since 1948, human rights have become a universal, consistent, and defining principle.
In accordance with the 1948 Declaration of Human Rights, everyone has the right to an
adequate education, knowledge of a healthy family life, and, ultimately, the freedom
from all forms of discrimination. Others have accurate privacy to a livelihood that is
sufficient for their families' health and well-being, including food, clothes, shelter,
medical care, and other essential social services (The UN Declaration of Human Rights
1948). The list of rights mentioned above shows that they include social, political, civil,
and economic rights. When used in the true sense of the word, the term "human rights"
refers to all elements of rights that anybody should be able to enjoy regardless of their
ethnicity, position, or other characteristics. Nation states a part of the International
System of Units are required to implement and ensure the enjoyment of the rights
holistically since they complement one another.
CHAPTER TWO:
LITERATURE REVIEW
2.1 Literature Review
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A review of relevant literature is included in this chapter. Before focusing on Nigeria
and studying the literature on the pattern of human rights in Nigeria, the study will
analyse prior linked material on the principles of SARS and human rights, which will
then lead to an analysis of the historical overview of human rights. In a different section
of the chapter, a theoretical framework will be offered to support the goal of the
research. Numerous scholarly publications, pieces of writing, novels, and theses
concerning police corruption have been published.
These studies address challenges, difficulties, and solutions for growing police
misbehaviour and corruption since policing may be seen as a medical specialty. The
Nigeria Police and Subsequent Crisis of Law and Order: A Book of Readings by
Vincent Jike is one significant study (2003). He discusses the history of the Nigerian
Police and, therefore, the effects of colonialism on the organisation in this book. He
goes on to analyse the level of crime and police brutality in Nigeria after independence.
He also sheds light on the negative effects of police wrong doing on society. Jike
provides a sociological examination of police corruption and, in turn, the considerable
efforts made by the Nigerian government to address the problems with policing since
they affect the country's population. The book is perfect for the current research since
it gives background information on how Nigerian police began and, therefore, what
function the force played under the constitution after Nigeria gained independence.
According to Bunton et al. (2003), human rights breaches are common in Nigeria and
police regard for basic human rights is often lacking. They said in their analysis that
"The most common human rights violators (operation fire for fire police fighters) were
those who killed extrajudicially while apprehending and holding criminal detainees.
According to the report, the former Inspector General of Police Tafa Balogun told the
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"Country Reports on human rights practises" that police killed more than 1,200
criminals and detained more than 2,800 people between March
and November
2002"which the force apprehended criminal suspects, held them against their will, and
occasionally killed them. Sizani (2001) said that establishing sustainable peace and
justice should be motivated by respect for human rights. He said that a judge must be
more watchful in providing protection since peoples rights are at risk in Africa.
Democracy, according to Myers (1996), is not about utopia; rather, it is about people's
desire to live freely in a society that offers the possibility of justice and liberty for
everyone, as well as about shared ideals of equality, freedom. The public's confidence
in the Nigerian police has been severely damaged as a result of their repeated abuses of
human rights. Amuwo (1995) stated that practical data, leadership-centered activities,
and policies render the perceived relevance of an African view of human rights
nugatory. It was claimed in the findings of the 2005 human rights watch study on
Nigeria that the president (Obasanjo) had given the men in the Nigerian military
permission to murder without repercussions. Because the presidents, in a few instances,
had authorised retaliatory assaults on people who had engaged in conflict with security
forces, this statement by Human Rights Watch cannot be disproved. Amadu (2001)
argued in his article, Human Rights and The Maintenance of International Peace and
Security in Africa, that respect for their protection, their promotion, and human rights
have become prerequisites in international political transactions, particularly between
the developed countries and the third World. Individuals' basic human rights violations
all point in the same direction of injustice. According to Esiemokhai (1998), injustice
is the wilful act of intentionally causing harm to others by flagrantly denying them their
rights and benefits. According to Agwu (2003), the right to human dignity is seriously
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under jeopardy and may easily be projected by supporting social movements and human
rights organisations that might guarantee its application and expansion beyond the
boundaries of the law.
Origins of the Special Anti-Robbery Squads (SARS) of the Nigerian Police within the
country's law enforcement. The police force was originally established more than 130
years ago. Up until April 1st, 1934, southern and northern Nigeria each had its own
independent force. Then, under the terms of the police legislation, they were combined
to create the police force, which had its headquarters in Lagos. (Okolo 1997) On the
other side, Simeon Danladi, a former police commissioner, founded the Special Anti
Robbery Squad (SARS) in 1992. Col. Rindam, a Nigerian Army Colonel, was slain by
police at a checkpoint in Lagos, which was the initial impetus for the creation of SARS.
When the military received the information, troops were sent into Lagos' streets to look
for any lawman. The Nigerian Police retreated from security zones and other locations;
some police officers are said to have quit, while others reportedly fled for their lives.
The rate of crime climbed during the two-week absence of the police. With just fifteen
personnel, SARS was established to operate covertly without the assistance of the
Nigerian Army while listening in on police radio conversations. Three anti-robbery
squad units were in operation prior to this. Simeon Danladi, commissioner of police,
then had to establish his squad apart from the existing groups. The Special Anti Robbery
Squad is the name Simeon Danladi gave his group (SARS). They were officially
commissioned in Lagos when the Nigerian Army declared a cease-fire. Issues with the
Special Anti-Robbery Squads (SARS) The Force Criminal Investigation and
Intelligence Department (FCIID), which was designed to hold, investigate, and
prosecute those engaged in crimes including robberies, kidnappings, and other types of
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crimes, has fourteen sections, including the Special Anti-Robbery Squads (SARS).
After a few years of operation, the team increased in size and power in 2009. SARS
agents invaded campuses in Nigeria as a result of the development of online fraudsters
and cultism there. They were successful in making some arrests, but they also harassed
little children. According to Pulse Nigeria (2019), SARS agents turned into a national
plague and witch-hunting apparatus targeting young Nigerians with dreadlocks,
piercings, cars, high-end phones, firearms, moustaches, and frightening appearances
(Pulse Nigeria Editorial, 2019). According to P.M. News (2010), Amnesty International
(AI) will sue the Nigerian Police for more than just human rights violations after the
Special Anti-Robbery Squads in Borokiri, Port Harcourt, detained and battered three
bike riders. It is known that on May 20, 2010, an Enugu State Federal State Supreme
Court ordered the then commissioner of the Enugu State Police, Ogbonna Okechukwu,
to produce the Special Anti-Robbery Squads officer who had shot and killed a fifteenyear-old high school student. The adolescent was mistaken for a kidnapper, according
to the SARS officer (Wikipedia, the free encyclopaedia, 2020). Similarly, on July 27th
2010, Sahara Reporters released an in-depth editorial analysis on how SARS, among
other police units, made 9.35 billion Naira (1.60 billion USD) via roadblocks and
extortion in only 18 months (Sahara Reporters Editorial, 2010).
Additionally, on June 3, 2011, the Nigerian government uncovered a shot fired by
SARS agent Musa Agbu, who intended to blow the Force Headquarters in Abuja but
was foiled by army officer of Police (IGP) Hafiz Ringim. (2011) Vanguard Newspaper
Editorial. On August 7th 2015, the then IGP Solomon Arase said that the SARS unit
will be separated into two units, an operational unit and an investigative unit, in order
to reduce the number of allegations of human rights abuses made by consumers to the
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officer of Police's office (Premium Times Nigeria Editorial, 2015). Meet SARS, the
Police Unit with the License to Kill, was the headline of a piece on Nigeria's Police
brutality published in September 2016 by Pulse Nigeria Editorial. The study
emphasised the Special Anti Robbery Squad's brutality and disregard for the rules of
engagement.
History of Development of Human Rights
The idea that everyone has certain human rights under the constitution is rather recent.
Although its origins may be found in older customs and records from other civilizations,
it was World War II that served as the trigger to bring human rights into the public eye
and into the global awareness (Ofoegbu, 2014). According to N. S. Rembe, people have
historically obtained rights and obligations by membership in a special group, such as
a family, class, religion, indigenous country, community, or state;
"Historically, the origins of the concept of
those rights will be traced to ancient Greece
and Rome. It had been closely linked to the
pre-modern conception doctrines of Greek
stoicism, whose founder, Zeno, taught a
universal working force pervades all creation
and that human conduct must not violate the
law of nature. Jus civil recognised the
existence of construct. It upheld certain
universal rights that extended beyond the
rights of citizenship (Oraegbunam, 2007)."
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Be that as it may, construct doctrines have been strongly tied to liberal political views
concerning natural rights since soon after the Middle Ages. For the time being, the
emphasis was on the rights derived, rather than the obligations imposed by idea.
However, these theories, as is clear from Aquinas and Aristotle's works, excluded the
concepts of equality and freedom by accepting the legality of serfdom and slavery.
These are the core principles of what it means to be human, according to modern
definitions. In most cases, it took many years before human rights were acknowledged
as a societal need. The written forerunners of some of today's human rights texts include
the royal charter (1215), the English Bill of Rights (1689), the French Declaration of
the Rights of Citizen and Man (1789), as well as the US Bill and Constitution of Rights
(1791). However, numerous papers excluded people of colour, women, and members
of certain religious, social, political, and economic groups when they were turned into
policy. However, oppressed people all around the globe have used the ideas expressed
in these writings to back up revolutions that uphold the right to self-determination.
Both the United Nations (UN) and contemporary international human rights legislation
have significant historical roots. The 19th century saw several attempts to stop the slave
trade and lessen the atrocities of war. The Universal Declaration of Human Rights was
accepted and declared by the international organization's General Assembly in 1948. In
contrast, the foundation of freedom, peace, and justice in the world is recognition of the
inherent dignity and equal inalienable rights of every member of the human family.
Whereas disregard and contempt for human requests have led to barbaric acts that have
outraged humanity's conscience, the establishment of a world in which all shall enjoy
the freedom of speech and freedom and belief from fear and desire has been proclaimed
as a result of what is probably the highest aspiration of the common people (UN, 2015).
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The UN continues to advance democracy in line with its basic goals and principles, and
the advancement of democracy depends on respect for fundamental rights and freedoms
that are enshrined in the rule of law (UN OHCHR, 2019). The UN now has 193 member
states, demonstrating the scope of its influence. The UN's fundamental tenet of the
sovereign equality of its members and its subsequent commitment to refrain from
endangering the territorial integrity or perhaps political independence of another state,
including respect for the ideas of non-intervention and self-determination within
domestic affairs of States, are essential to the organization's ability to function
(Mingst& Karns, 2012). The UN Security Council's permanent members also have veto
power. The UN system is likewise permeated by inequality (Mingst & Karns, 2012:
32). Additionally, the UN framework creates a conflict between upholding a nation's
sovereignty and carrying out its duty to protect those who have been the victims of
human rights atrocities that have been recognised on a global scale (Mingst&; Karns,
2012).
However, the UN has significantly contributed to the globalisation of human rights and
has been instrumental in the creation of institutions and laws that support the protection
and promotion of human rights. The International Bill of Rights, which is made up of
the International Covenant on Civil, and Political Rights (ICCPR),Universal
Declaration of Human Rights (UDHR), and International Covenant on Economic,
Cultural, and Social Rights (ICESCR), later expanded the normative content of the
basic liberties and human rights referred to in the UN Charter (Buergenthal, 1997: 705).
Each of those writings recognises the critical role that the many human rights that they
cover play in a democratic society's eventual achievement. Any requests made of
persons must adhere to the law. By emphasising that everybody has the right to
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contribute in their government, both directly or via representatives chosen by the
people, Article 21 of the UDHR makes it particularly apparent how human rights and
democracy are related. The desires of the people should be communicated to the state
in this respect (Thandiwe, 2019)
2.2 Theoretical Framework
Researchers voiced their perspectives on why the Police and other law enforcement
officials treat citizens brutally and why they need a legal obligation to protect them in
a dangerous situation. The impoverished state and cultural conflict hypotheses help to
make the research more understandable. The idea aims to show the conflict that the
social structure of the capitalist society has by itself:
Theory of Failed States When a state looks to have been unsuccessful at numerous
fundamental duties as a sovereign government, it is often referred to as a "failed state."
Every sovereign state owes its population the following: security, power, the
elimination of poverty, jobs, education, and the upkeep of order and law. When a state
becomes insufficient to the point that it is unable to protect its citizens or perhaps
implement its laws at any given moment, it exhibits blatant signs of poor governance
(Okolo &; Ejime 2018).
A poor situation denotes the breakdown of the social and political order (Anyanwu,
2005). Failures and weaknesses in social, political, institutional, and economic spheres
are all a result of it. Every time a central government is ineffectual or weak, it has only
a small practical control over most institutions of its territory, cannot provide public
services or utilities, is full of corruption and crime, and experiences significant
economic decline in addition to widespread population movements without the consent
of the residents (Socyberty, 2010). Anyanwu (2005) contends that failed states are a
16
consequence of the breakdown of the political support structures for law and order,
human rights, and other ideals. Anarchic, violence, internal conflicts and maybe unrest
often serve as the catalyst for this process. The collapse of political institutions,
particularly the police and courts, is what has caused widespread unrest, banditry, and
a breakdown of law and order. The state's operations are suspended, its assets are
destroyed or maybe looted, and key officials are either slain or flee the country. It is
clear that Special Anti-Robbery Squads (SARS) personnel of the Nigerian Police
unlawfully imprison, kill, or even put innocent people's lives at risk in Nigeria,
especially in the South of the nation. The Special Anti-Robbery Squads (SARS)
division of the Police was recently criticised by Joseph Osigho of Amnesty
International (2018), who said that the Nigerian government had not taken the decision
to abolish SARS and reform the Police seriously. It argued that the efforts of President
Buhari's administration had been unsuccessful and that the court was at blame for not
holding the Police responsible for torturing people without a warrant. In a same vein,
Osigho said that Vice President Yemi Osinbajo's modifications in the battle against
SARS staff were ineffective.
Social Conflict Theory The social conflict theory covers a broad spectrum of social
phenomena, including class, revolutions, ethics, morality, race, culture, and a host of
other elements. The word "social" in this sense refers to interpersonal disputes between
various groups of people, in this case, between the police and the general population
(Marx, 1971). This viewpoint, which is basically from the Marxist school, contends that
the police are a weapon employed by the wealthy and powerful in society to maintain
the existing system of inequality. In essence, a community's sophistication and elegance
define the vital relationship between the Police and its residents in society. Therefore,
17
those who are politically and economically marginalised are far more likely to
experience incidences of police brutality (Holborn, 1995). Consequently, the incapacity
of the appropriate authorities to curb the abuses of police impunity reflects the
powerlessness of the minority in society (Marx, 1971). One of the limits of this
particular paradigm is the claim that the constabulary serves the interests of the elites.
But in a highly social environment, just a tiny percentages of police officers seek to
police the disadvantaged class of inhabitants. The majority of police officers still
diligently carryout their duties (Wallace, 2010). This idea also presupposes that the
Police are readily available to further the interests of the social class; however this is
not true in Nigerian society. This article has some parts of truth, but it omits crucial
details concerning Nigerian law enforcement officials and their roles in society.
2.3 Conceptual Framework
The concept of the state has historically been seen from a liberal or even radical
standpoint. Liberal academics frequently claim that the state is the primary arbiter of
social class conflict. According to Adam Smith (1776), who was cited by Appadorai,
the purpose of the state is typically to safeguard society from foreign aggression,
injustice, and the creation of impartial institutions that mediate inter-human dispute
(1974).Ake also succeeded in capturing the general. He claims that "institutional
mechanisms of class domination are structured in a manner that they enjoy
independence from society," and that the characteristic of the liberal state is "a specific
mode of class domination, a modality in which class dominance equals independent"
(Ake, 1985: 105-106,108-1090). Ake questioned whether the concept of Africa's
18
current standing met this standard. He contrasted this by seeing African states as
developing countries. It implies that these governments haven't advanced beyond the
defining characteristics of ancient civilizations and haven't had significant interaction
with capitalism (Ake, 1985).
Contrarily, the Marxian technique of analysis challenged the Anglo-American view that
the state is an impartial and neutral institution, especially when it came to resolving
social class conflicts. Three viewpoints on the state have been presented by Marxist
scholars: that of the instrumentalists, that of the institutions, and that of the
independents (Onuoha, 1992). The state is viewed from an instrumentalist angle as a
tool used by the ruling class to promote its goals. Therefore, the independents view the
state as a key tool of justice in conflicts between socioeconomic classes. Institutionalists
contend that the judicial, legislative, executive, armed forces, and educational systems
all exert influence over the state even if it cannot be physically perceived. This notion
is supported by Marx's definition of the state as the executive of the present state and
the committee in charge of supervising the everyday operations of the bourgeoisie in
the communist manifesto. However, this state paradigm has been broadened by
academics from poor countries like Alavi (1972), Ake (1985), and Ekekwa (1986),
among others. Their presumptions have revealed important state traits in post-colonial
nations. They have also called attention to human rights abuses by the government. The
primary tenet of the argument is that because post-colonial governments are the
offspring of colonialism, they have selected development strategies that favour their
local friends and imperial rulers over the great majority of their indigenous populations.
It is crucial to look at the factors that have been covered in prior literature in order to
comprehend why the state violates the human rights of its inhabitants. The literature
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provides two comprehensive justifications for why the state violates its citizens' human
rights:
1. Natural law view
2. Positivist view.
From the standpoint of natural law, men are only entitled to those freedoms that
guarantee their humanity. This perspective contends that some rights are given to males
from birth. This viewpoint makes the conventional, natural law-based assumption that
there is such a thing as human rights. It is assumed in the concept that attempts would
be undertaken to unite disparate human cultures. But certain shared traditions and rules
unify all of mankind, regardless of location (Garcia, 2017). Its fundamental tenets,
according to Mehmet (2015), are that there is a higher law than human law and that it
exists whether or not it was found by humanity. According to the assumptions outlined
above, violations of human rights, whether they are done by state actors or their agents,
have their roots in illiteracy. This point of view is well expressed by Nzarga's (2014)
assertion that both the Police and the locals' illiteracy contribute to the Police's violation
of Nigerians' human rights. According to him, many Nigerians are not formally
educated. They are not aware that their rights have been violated. Because of illiteracy
and corruption, military soldiers and police officers don't even acknowledge that certain
citizens have some rights. Several police officers and soldiers enlisted in the military
using questionable tactics, such faking entry paperwork (Nzarga, 2014). Oluka and
Oromareghake (2018) also argued that the Police often abuse their position as a result
of their ignorance of the law and ineptitude.
Maduka (2014) carried out a case study on the effect of education on police positions
using Zone Nine, Umuahia, as a research unit. He learned that the police personnel are
20
not properly trained. In contrast, the few trained are seldom employed in their respective
fields of competence (Maduka, 2014). But the question still stands: How far can the
situation be improved by knowledge (alone)? And how much knowledge is enough? In
reaction to the #ENDSARS protest, the Nigerian government claimed that SARS
violence was caused by the officers' insufficient training. The federal government
recommended that SWAT members get additional training because the new
organisation was established to take the position of SARS. According to several voices
(e.g., Obileye and Aborishade, 2019; Obayemi and Maduekwe, 2019; According to
Amnesty International (2020), the main causes of human rights breaches in Nigeria
include a variety of things including a dearth of criminal investigative capabilities, a
lack of education amongst police personnel, poverty, a shortage of workers, and an
equipment shortage. The aforementioned reasons may explain why Nigerians'
fundamental rights are violated by the security apparatus, but they don't seem to be
enough to account for why the Nigerian state continued to rule the nation in an
authoritarian way.
John Austin is a proponent of the positivist viewpoint on the law, sometimes referred
to as the realism perspective. This viewpoint views the law as a sovereign order backed
by the threat of punishment for breaking it (Mehmet, 2015). It views rights as privileges
granted by the law and the legal system's function as a coercive framework put in place
by human communities to defend members of such society from one another (O'manic,
1992). According to this theory, the law originates from the sovereign's desires and
punishments are tied to disobeying the law. The fact that the law is derived from the
sovereign gives the impression that he is above the law. Developed further, this legal
viewpoint supports the sociology and relativity of law and human rights. Simply from
21
a purely positivist point of view, the problem is quite easily resolved: there are no
human rights, argued Troper. If the phrase "human rights" is supposed to denote rights
that people would hold and exercise independently of the state, or maybe against it
(2011, cited in Vernazza accetti, 2017:2). Similar to this, Dyzenhaus (1992: 83) argues
that the authoritarian ideology of "law is law," which holds that judges have a moral
obligation to maintain and citizens have a duty to follow the law regardless of its
content, is accurately represented by the term. This practical interpretation of the law
renders violations of human rights unlawful and helps to justify them.. The police force
is ideologically and organizationally geared up to target the disadvantaged strata, claims
Brogden (2002, cited in Oluka and Oromareghake, 2018). The Nigerian constitution
may have these positivist elements. A person's life, for instance, should not be
considered to have been taken in self-defense against an unlawful assault, in preventing
the escape of someone who was lawfully detained, or in putting down a riot, mutiny, or
insurrection, according to Sections 33(a), (b), and (c) of Nigeria's 1999 Constitution.
This constitutional provision gives the federal government the power to decide whether
or not a human right has been infringed. When there are riots or protests, they will be
permitted to kill individuals and defend it by using the aforementioned constitutional
provision. In a similar vein, Mackey and Kania (1977), cited in Esmail and Lyle (2016),
pointed out that the police's exercise of power may be seen as either excessive or
necessary, depending on how the police perceive it. Olukayode (2015) said that
countries like Nigeria have resorted to the application of domestic laws to regulate riots
and protests in public areas, compromising the fundamental principles of democracy,
as violence and terrorism have increased around the globe. He said that the Public Order
Act gives the police commissioner in a state the authority to determine whether a group
22
of individuals may stage protest rallies at all, based on the governor's instructions. This
statute often requires that organisations or individuals apply for and successfully
acquire a police permission or clearance in order to stage protests and peaceful
assemblies (Olukayode, 2015: p. Thirty-seven). According to his study, Nigeria's
constitution is directly responsible for human rights breaches since police officers
decide whether or not public order is violated. Simply said, regardless of whether it is
appropriate for them to do so, individuals have the legal right to protest. The police
officers should determine whether protests are appropriate. If this point of view is fully
embraced, human rights in Nigeria face a bleak future. Contrary to these widely held
beliefs, we assert that the Nigerian state's post-colonial framework is to blame for the
state security services' breaches of human rights before to, during, and after the
#ENDSARS protests. Post-colonial nations are the brand-new nation-states that
emerged from the decolonization process that intensified following World War II.
Between 1900 and 1960, Nigeria was ruled by the British. For instance, the growth of
the industrial revolution necessitated the hunt for a market and raw materials for refined
goods, which sparked the emergence of colonialism in Europe. Britain's influence in
both economics and politics caused the Nigerian economy to begin to resemble the
capitalist economies of the west. The pre-colonial economy in Nigeria was
disarticulated, a tax system was put in place, indigenous peoples' lands were taken
away, and the local economy was reliant on the metropolitan economy, according to
Ake (1981). All of these efforts aided in the integration of the Nigerian economy into
the global capitalist system. Due to the progress, many Nigerians in both urban and
rural areas rejected the harsh colonial practises. The 1929 Aba Women Riot is a prime
example, which was put down by all the harshness and persecution the Europeans could
23
manage. Several Nigerians who had left the country to pursue their education in other
countries organised further pockets of protests and riots against the colonial practises.
They quickly began to back independence. The population of Nigeria were not entirely
emancipated from persecution despite the nation gaining independence in 1960. The
nationalist tiny bourgeoisie that fought for independence favoured political
independence above substantially reforming the colonial economy (Ake, 1981). This
explains why these nationalists' financial success was dependent on the advantages of
the political positions they attained, since they had no obvious economic base before
rising to political prominence (Ibeanu, 2010). According to Alavi (1972), the postcolonial state has a number of traits with colonial states.He claims that the native
bourgeoisie in the former colonies is underdeveloped and powerless. The emerging
native bourgeoisie became a relatively autonomous group that acted as a link between
the interests of the urban, indigenous, and landlord bourgeoisies since they weren't
involved in the establishment of the post-colonial administrations (Alavi, 1973). The
state has evolved into a production technique because the nationalist petit bourgeoisie
rely on the superstructure (i.e., politics) to strengthen their economic base (Ekekwa,
1986). The extremely interventionist economic policy of the Nigerian government has
reduced the institutional autonomy of the country (Ake, 1985), which has resulted in
the state's inefficiency, misappropriation, and squandering of the resources given to it
by the people. The corruption in the post-colonial state is on the rise (Beckman, 1988).
What, therefore, explains the Nigerian state's authoritarianism, which is represented by
the Police and Nigerian Army? A list of the traits of the post-colonial state is given.
The Nigerian state's ability to fulfil its core duty, which is defending the fundamental
human rights of its citizens, is jeopardised by its colonial mentality. There was a fight
24
to the death for political supremacy since the nationalist petit bourgeoisie saw politics
as their primary profession and had acquired power from the colonialists. Political
power struggles are so intense that they are compared to war. Although political power
cannot be avoided, it is characterised by a winner-takes-all dynamic in which the losers
receive nothing and the victors receive everything (Mbah, Edeh and Nwangwu, 2017:
177). Since the state institution is given precedence for use in acquiring riches, the state
security officials, entrusted with preserving lives, abandon their primary obligations
and view arresting people as a chance to enhance their financial situation. The impunity
of the disbanded SARS is a result of this mentality. Because SARS had unlawfully
detained people without justification and demanded money from them, there was a
protest. Given Nigeria's state's corruption, incompetence, lack of productivity,
dictatorship, and money theft, it seems reasonable that the institutions charged with
protecting lives, property, and citizens would falter. These institutions are so rotten that
it's likely that the correct individuals won't be detained. As a result, there is a significant
amount of impunity and widespread lawlessness. The colonial authority established the
police system to frighten, subordinate, and pacify the supposedly antagonistic ethnic
groups in order to reduce the cost of sustaining the colonial bureaucracy and expedite
the benefits of the indirect rule system. According to Section 4 of the Police Act of
1943, the Nigeria Police Force has the following five general duties:
1. Deterring crime,
2. Finding offenders and apprehending them, and
3. Maintaining law and order
4. Defending lives and property
5. Enforcing all the rules and laws they are directly responsible for.
25
Upholding federal, municipal, and state rules and regulations is one of these
responsibilities, according to the Nigeria Police Act of 1943. (Obayemi and
Mmadubike, 2019). In addition to these control mechanisms, the 1999 constitution,
which must serve as the people's rulebook for police acts, sows the seeds of police abuse
of Nigerians' basic human rights (Okonkwo, 2020). According to the Police Act,
upholding law and order is given more importance than ensuring the welfare of the
populace as a whole. Little attention was given to the authoritarian feature of the statute
that the Nigeria Police acquired from colonial regimes until the National Assembly
repealed the Police Act in 2020. Nigerians view the establishment of the police within
the government of the country as a significant source of force intended to impose the
desires and will of the government through violence rather than merely defending
orders, laws, and legitimate fundamental human rights as outlined in Nigeria's 1999
constitution. Because of this, according to Chukwuma and Alenika (2000, p. 3), the
colonial police forces were viewed by the general populace as their adversary, a tool of
tyranny and cruelty, a source of bad news, and a means of extortion. People's encounters
with the military and constabulary in various sections of the country during the early
phases of the colonial war had an impact on how they view the police. They were used
by the Europeans to put an end to any demonstrations against their unpopular policies
(Zumve, 2020).
For instance, tax opposition was brutally suppressed in Lagos in 1903, 1908, and 1915,
Sapele in 1916, Latok in 1917, and Aba (i.e., the Aba ladies riot) in 1929, resulting in
the deaths of fifty women and the injuries of many more (Nnoli, 2011). After the nation
obtained independence, the new tiny bourgeoisie in Nigeria kept using the police to
quell citizen dissent to harsh post-colonial policies (Nnoli, 2011). Throughout the
26
protracted era of military administration, there was an increase in the use of force and
violations of Nigerians' fundamental human rights. Given the dialectical conflict
between the nature and character of the army and the democratic institution that respects
human rights, it should be obvious that this is the case. While the military may be
deployed to wage war and settle disputes, democracy depends on discussion and
agreement (Nnoli, 2011). It's probable that the government's soldiers would violate
human rights given the situation. Senior government personnel were fired without cause
and several received prison sentences under the Murtala/Obasanjo dictatorship. The
1978 Property Use Decree was also published, which transferred ownership of the
property from private persons to the federal government. The public's freedom to
assemble was also restricted, and labour unions were not allowed to plan strikes.
Additionally, the human rights index revealed that the military regimes under Sani
Abacha and Ibrahim Badamosi Babangida behaved abhorrently (Nnoli, 2011). The
Police are reportedly implicated in the extrajudicial death of suspects and the torture of
hostages since Nigeria reinstated democratic practises. There is hardly any feeling of
victim advocacy or justice (Muller, 2020). According to Amnesty International, the
Nigerian Police murdered 7,198 armed robbers in 2000 and wounded 575 others
without giving them a fair trial (2009).
2.4 Empirical framework
The implementation of human rights and the maintenance of strong institutions is a
crucial issue that cannot be left in the government's hands because, despite being the
protector of human rights and dignity, the government frequently violates these rights
through a variety of actions and inactions. This episode is a vivid example of the
essential function that human rights organisations perform. The researcher uses the pre27
ENDSARS protest that took place in march 2020 to elaborate on the empirical
framework of the study, highlighting the impact of human rights violations by security
forces in Nigeria and what they may lead to if not controlled. Amnesty International is
still a specialised organisation that is prepared for and actively involved in monitoring
the appropriate human issues on a global level.
Table1: Constitutional fundamental human rights that were violated before and
during the #EndSars protest
Freedom
m
Expression on
of
in Section 39 of Guarantees the freedom for each and
the CFRN;
every Nigerian to receive and express
their thoughts, views, and information.
Additionally, it gives them unrestricted
authority to construct any informationsharing channel in Nigeria under wireless
broadcast laws.
Right to Life
Section
CFRN
33 No one should have their life purposefully
taken away since everyone has the right to
life. The following are the exceptions to
this right:
1. Only when a court orders someone to
die
28
2. An incident in which someone uses
appropriate force in self-defence and dies
as a result.
3. If reasonable force is employed to quell
a riot, mutiny, or insurrection while
carrying out a valid arrest.
Freedom
Association
of Section
CFRN
40 Every Nigerian citizen has the right to
establish or join any organisation of
Nigerians in order to further his interests.
Right to Dignity of Section
Life
CFRN
34 Respect and decency are due to every
Nigerian citizen. He has a right not to be
subjected to slavery or torture.
Right to Liberty
Section
CFRN
35 Every Nigerian citizen has the right to
personal liberty, and no one should be
denied this right unless they are carrying
out a criminal sentence issued by a court
of law, someone is disobeying a court
order, they are reasonably suspected of
committing an offence, or they need care
and treatment for an infectious disease,
mental illness, or addiction.
Freedom
Movement
of Section
CFRN
41 Every Nigerian citizen is free to go
anywhere in the country, excluding some
29
prohibited hours. However, a person may
not be granted this privilege if they have
been properly incarcerated or expelled by
a court of law.
Source: Chisom (2021)
Nobody has the right to be purposefully robbed of life, as evidenced in Table 1 actual
Incidences of SARS deaths on Nigerians before the # EndSARS Protest. Table 2 also
includes information on a variety of fatalities, including those that occurred while
persons were in the custody of the police at different police stations and those caused
by police shootings that left no one with a claim against the police authority. The figures
in the chart also show that younger people took part in the # EndSARS protest. All of
the reasons were recent and were still in their infancy. The protestors' campaign for the
dead had also been a fight for their protection since they thought that their generation
was the most susceptible to SARS. The statistics also show a regional bias in favour of
the south, which strengthens the case for the fear of the # EndSARS protest in the north.
Table 2: Victims of SARS and Human Rights Abuse before the #EndSARS Protest
Names
of Age
State
Date Killed
Nature of Death
Lagos
07/02/2006
Graduate
of
Banking
and
Victims
Daniel
27
AdewuyiTella
Finance
detained
at
FESTAC on his
30
way home. died
while in police
custody.
Godgift
24
Rivers
03/07/2008
Ferguson Ekerete
killed
at
Port
Harcourt's Mile
One
Police
Station
Tony Oruama
21
Rivers
03/07/2008
killed at Port's
Mile One Police
Station Harcourt
Harry Ataria
26
Rivers
03/07/2008
killed at Port's
Mile One Police
Station
MbakweOruama
20
Rivers
03/07/2008
killed at Port's
Mile One Police
Station
Emmanuel Egbo
15
Enugu
25/09/ 2008
He was unarmed
when he was
murdered
by
SARS and was
having fun with
other kids on the
street.
31
Chika Ibeku
29
Rivers
09/04/2009
A person is first
arrested
held
and
in
the
Omoku
Police
Station
before
being
Port
sent
to
Harcourt.
Their
current
location
are
unknown.
Gabriel Ejoor
23
Rivers
09/04/2009
Indicted
with
Chika Ibeku
Precious Odua
21
Rivers
09/04/2009
Indicted
with
Chika Ibeku
Owoicho
29
Rivers
09/04/2009
Indicted
with
Chika Ibeku
Christian
28
Abuja
As
Onuigbo
he
was
parked in Jiwa,
the cops shot
him many times.
Kolade Johnson
22
Lagos
31/03/2019
murdered
by
police stray shot
32
Mus‘abSammani
22
Kano
4/12/2019
He was shot by
the police after a
dispute with a
Keke driver who
damaged
his
vehicle.
Chima
N/A
Rivers
23/12/2019
was taken into
custody by the
Port
Harcourt
police
and
tortured
to
death.
KazeemTiamiyu
21
Ogun
22/02/2020
SARS murdered
and
tormented
the Remo Stars
Football
Club
assistant
captain.
Tina Ezekwe
16
Lagos
14/05/2020
Two
police
officers
fatally
shot
a
little
schoolgirl in the
Iyana
33
Oworo
neighbourhood
of Lagos State.
Chibuike Daniel 20
Rivers
19/09/2020
Ikeaguchi
up-and-coming
musician. went
to see his buddy
in
the
ObioAkpor
Rivers
State
region
of
Elelenwo,
but
upon his return,
he
was
murdered
by
SARS.
Source: Adopted from the reports of Amnesty International (2006, 2008, 2009, 2018,
2019 & 2020) and prepared by the researcher.
Table 3: Victims of #EndSARS Protest and Abuse of Human Rights during the
Protest
Names
of Source
State
Date Killed
Nature of Death
Delta
3/10/20
Report
Victims
Unnamed
Harvard
Review
Human Right
of
an
unjustified
shooting of a
34
youngster on a
Delta
State
street,
whose
care
a
SARS
official took
Jimoh Isiaka
Human
Right Oyo
10/10/20
Watch
Shot
and
murdered
at
Ogbomosho by
a stray gunshot
while the police
were dispersing
protestors
Unnamed
Vanguard
Ondo
11/10/20
Newspaper
When the police
attempted
to
disperse
demonstrators
Unnamed
Amnesty
All
12/10/20
International
According
to
Amnesty
International
Unnamed
Nairametrics
Abuja
12/10/2020
The
assaulted
police
the
demonstrators
35
as
they
approached
Force HQ with
tear gas
Unnamed
Nairametrics
Rivers
12/10/20
The Governor of
NyesomWike
forbade
protesting,
putting an end to
the
planned
demonstration
on that week's
Tuesday.
Unnamed
Nairametrics
Lagos
13/10/20
One person was
murdered
and
many
others
were
arrested
and detained at
police stations in
Surulere as the
police dispersed
protests.
36
Unnamed
This
Day Abuja
14/10/20
Newspaper
a directive from
the
CBN
major
banks
prohibiting
use
to
of
the
their
platforms
for
fund raising
Unnamed
This
Day Abuja
15/10/20
Newspaper
Following
surge
a
of
#EndSARS
protests
in
several
places,
the
Federal
Capital
Territory
Administration
declared that all
demonstrations
are
now
prohibited.
Unnamed
Nairametrics
Lagos
37
20/10/20
The
Nigerian
military
is
accused
of
shooting
unarmed
protestors at the
Lekki Tollgate,
where 49 people
are claimed to
have died.
Unnamed
Human Rights Oyo
Police
woman
Watch
beat
brutally
a
lady,
breaking
her
skull,
with
a
stick.
Ikechukwu
Human Rights
illo
Watch
12/10/20
In an effort to
disperse
demonstrators,
police
opened
fire, killing IK,
55.
Unnamed
Human Rights
12/10/20
Numerous
demonstrators
Watch
were
detained
by the police
and
access
attorneys;
38
denied
to
however,
with
the involvement
of certain wellknown political
office
holders,
they were freed.
Source: Adopted from the reports of Amnesty International (2006, 2008, 2009, 2018,
2019 & 2020) and prepared by the researcher.
According to the information in Table 3, the news of a child being shot without
provocation in Delta State and a SARS agent stealing his vehicle were what set off the
protest. The chart also shows how the police have used live ammunition to disperse
protesters, in violation of several human rights norms and police-citizen interaction
guidelines. Additionally, much as in the SARS episodes prior to the 2020 protest, the
younger people suffered the worst effects of the brutality. When the military arrived
and started firing on the protestors during the demonstration in Lagos State, the
protesters were at the Lekki Toll Gate calling for the dissolution of SARS. Various
stories exist on the number of fatalities (Premium Times, November 27th 2020). In
addition to the Lekki demonstrators' aggression, it has been shown that the Police fired
live ammunition to diffuse the situation. The bulk of the bullets fired by the military
during the demonstration were live ones, according to General Ahmad Taiwo,
Commander of 81 Military Intelligence, Victoria Island. Human Rights Watch also
alleged that the Police killed JimohIsiaka in Oyo State and other people in other states
(2020). According to the tables above, the constitution grants people the right to life,
liberty, and the dignity of life as well as the freedoms of association, movement, and
39
speech. Even after the #EndSARS demonstration, the government continued to violate
their rights.
40
CHAPTER THREE
METHODOLOGY
3.1 Research Design
The methods and tactics used for data collecting are the main topics of this chapter. It
is the thesis's descriptive section. It places a strong emphasis on the research design,
study population, sample size and sampling methodology, tools and techniques for data
collection, description of the research instrument, instrument validation and reliability,
data analysis, instrument dependability and reliability, and ethical considerations.
According to (Okolo 2016), the study design is only a description of the steps the
researcher intends to take to get the research outcomes. This research was conducted to
assess human rights violations in Nigeria, with a focus on the Nigerian police force
(SARS). This study's research methodology was cross-sectional surveying. This
research technique was used as a result of the rapid collection of data from a small
sample of a larger population. The researcher was able to quickly capture the sentiments
of the respondent at a certain period using this survey. This quick survey is accessible
and may be used to gauge opinion in a specific circumstance.
To evaluate the study's goals, queries, and hypotheses, the researcher used both primary
and secondary data as well as quantitative and qualitative methods. The mixed-methods
strategy was chosen since it would assist establish the trustworthiness of the results,
guarantee that readers will accept them, and raise the research's reputation.
The desire to use qualitative data to investigate quantitative outcomes has an impact on
the method's popularity. Two steps commonly make up an explanatory sequential
design: (1) an initial quantitative instrument phase and (2) a qualitative data collecting
phase, where the qualitative phase directly depends on the quantitative phase's findings.
41
By utilising the qualitative data, this approach provides a deeper explanation for the
quantitative findings. For instance, results from cost-related instrument data should be
further investigated via qualitative focus groups in order to better comprehend how
people's individual experiences compare to the instrument findings. This study serves
as an illustration of the potential application of mixed techniques to provide qualitative
reasons for potential quantitative processes.
The quantitative approach, according to Tracey (2013), is essential for testing a
hypothesis, determining the scope of the relevant phenomena, and generalising the
results. The qualitative research methodology focuses on understanding the study issue
while taking into account the perspectives of people.
3.2 Population of the Study
Residents, opinion leaders in the community, heads of interest organisations, media,
and security agencies in Nigeria made up the study's population. But because Delta,
Bayelsa, and Rivers are the states the researcher concentrated on due to a limitation that
bears the brunt of violation, the specific population addressed in this study is indigenes
(males and females) of Delta Central Senatorial District, Bayelsa Central Senatorial
District, Delta South Senatorial District, Bayelsa West Senatorial District, Rivers South
Senatorial District, Rivers East Senatorial District, and Rivers West Senatorial District.
3.3 Sample and Sampling Techniques
The researcher selected participants for the study from seven senatorial districts in the
states of Delta, Rivers, and Bayelsa. A total of 400 people were included in the sample;
fifty-seven (57) respondents were chosen from each of the seven senatorial districts.
A straightforward random sampling procedure was employed to choose the study's
sample. The 400 participants chosen were given the questionnaire by the researcher
42
after selecting the sample. However, 390 people answered the questionnaire that was
sent out. As a result, the researcher finally used the 390 respondent' responses to the
questionnaire as data.
3.4 Instrument for Data Collection
Structured questionnaires served as the main data gathering tools in the study's data
collection methodology. quantitative data was gathered for the study by the researcher.
A survey questionnaire was used to gather the quantitative data. The researcher
personally gave the questionnaire and gathered the data with the help of a few field
helpers. Random distribution of the structured questionnaire and an in-depth interview
with participants from the traditional population's other groups were both done. A pilot
test was done with a sample of respondent from the chosen demographic prior to the
questionnaire's distribution. The purpose of the pilot test was to identify any possible
issues with the language or administration of the questionnaire. Each survey included
18 questions intended to elicit responses from respondent in addition to information
about their socio demographics. To gather the necessary qualitative data for the
research, an extensive and organised interview was performed. The interviewees'
offices or other suitable locations served as the interview location.
The survey was also designed with closed-ended Likert scale questions. It will be
divided into two portions, each of which will focus on a distinct area related to the study
topic, goals, queries, and hypotheses. The two portions will be made up, respectively,
of data on socio demographic traits and respondent' views.
Scaled research questions were employed. A three-point Likert scale was used to gauge
the respondent' level of opinion and the following scale will be used to evaluate their
responses:
43
Yes
No, and
undecided
3.5 Method of Data Analysis
In the study, the researcher used qualitative and quantitative data analysis techniques.
Descriptive statistics like frequencies, percentages, and Chi-Square were used to
analyse the quantitative data that was gleaned from the distribution of questionnaires.
The explanation of the findings drawn from the quantitative data gathered was
combined with the presentation of the qualitative data obtained via in-depth interviews.
The P-value of any of the chi-square tests must be less than or equal to 0.05 for the
tested association to be judged significant because the research hypotheses were
evaluated at the 5% or 0.05 level. The study hypotheses were put to the test using chisquare. A group of observed frequencies and a group of anticipated frequencies can be
compared using the Chi-square test. This test is used in the study to assess how closely
observed data match predicted data.
The same reduction, categorization, and interpretation approach was used in the study's
analysis of the qualitative information gathered from the in-depth interviews. The same
reduction, categorization, and interpretation approach was used in the study's analysis
of the qualitative information gathered from the in-depth interviews.
CHAPTER FOUR
DATA PRESENTATION AND ANALYSIS
This chapter covers the analysis of the data from the survey given to respondent in the
research area. The study's results served as the basis for the analysis and interpretation.
Simple frequency, percentages, and interpretations of the information obtained by
44
respondent are shown in the data analysis. Only 270 of the 400 questionnaires that were
sent out to responders were eventually collected. The number returned provides the
foundation for this study's analysis. The primary results of the research are also
summarised in this chapter in accordance with the study's declared goals.
Return Rate for Questionnaires
The questionnaire's findings are presented in this part along with the respondent'
responses. The percentages of respondent who responded during the data gathering
procedure is indicated by the response rate. The response rate as reported by each target
category is shown in Table 4.1.
Table 4.1 Response Rate
Sample Population
Response
% Response Rates
400
270
67.5
Source: Fieldwork (2022)
Only 270 people, or 67.5 percent, of the 400 questionnaires issued overall, are
shown in Table 4.1 above as completing out and returning their allocated
questions. 32.5 percent of the remaining people refused to participate in the
gathering of study data.
Table 4.2 Distribution of Respondent by Sex
Sex
Frequency
Percentages
Male
156
57.8
Female
114
42.2
Total
270
100%
Source: Fieldwork (2022)
45
According to the respondent' gender breakdown, 57.8% of them were men and 42.2%
were women.
Table 4.3 Distribution of demography
Age
Frequency
Percentages
18-30
108
32.4
31-40
75
22.5
41-50
51
15.3
51+
36
10.8
Total
270
100%
Source: Fieldwork (2022)
Table 4.3, which shows the respondent' age distribution, lists 32. 4.8% of respondent
were between the ages of 18 and 30; 22.5% were between the ages of 31 and 40; and
15.3% were between the ages of 41 and 50. The respondent made up 10.8% of the
population who were 51 years of age or older. The responders have enough experience
and aptitude to be aware of several crucial aspects of police violence.
Table 4.4Educational Distribution of Respondent
Qualification
Frequency
%
Tertiary
177
65.6
Secondary
87
32.2
Primary
6
2.2
46
No Education
0
0
Total
270
100
Source: Fieldwork (2022)
According to the research, 65.5 percent of respondent have a bachelor's degree or more,
32.2 percent have a secondary school diploma, and 2.2 percent have just a primary
education. Additionally, it demonstrates a modest degree of western education in the
region being studied and the ability to comprehend its political dynamics.
Table 4.5 Occupational Status of Respondent
Profession
Frequency
Percentages
Civil servants
72
26.7
Academia
24
8.9
Entertainment
36
13.3
Students
54
20
Businesspeople
84
31.1
Total
270
100
Fieldwork (2022)
According to the results, 26.7% of the respondent worked as public workers, followed
by 8.9% in academics and 13.3% in the entertainment sector. Additionally, students
made up 20% of the population while businesspeople made up 31.1%.
Section B
Table 4.6: Do you think that democracy guarantees individual rights?
Category
Respondent
Percentages
Yes
204
75.5
47
No
48
17.8
No Response
18
6.7
Total
270
100
Source: Fieldwork (2022)
According to the replies in Table 4.6 above, 75.5 percent of respondent agreed that
democracy as a form of governance ensures the rights of people in society, 17.8 percent
disagreed by responding negatively, and the remaining 6.7 percent were unclear.
Table 4.7: Does democracy in Nigeria protect people's rights from abuse, especially by
the police?
Category
Respondent
Percentages
Yes
39
14.4
No
216
80.0
No Response
15
5.6
Total
270
100
Source: Fieldwork (2022)
According to Table 4.7, 14.4% of respondent thought democratic rule had protected
people's rights in Nigeria from being violated, while 80% of respondent indicated that
democratic rule had failed to do so, in contrast to the principles of democracy that
guarantee and promote protection for people's rights, and 5.6% of respondent had left
the box unchecked.
Table 4.8: Is the human rights situation in Nigeria out of control?
Category
Respondent
Percentages
Positive
42
15.6
48
Negative
222
82.2
Not decided
6
2.2
Total
270
100
Source: Fieldwork (2022)
According to the statistics in table 4.8, just 15.6% of respondent said they had a
favourable opinion of the state of human rights in Nigeria, while 82.2% had an
unfavourable one. They said that not enough is being done to defend people's rights.
Only 2% of the remaining respondent were unsure.
Table 4.9: Have you had first-hand experiences where police violated your rights?
Category
Respondent
Percentages
Yes
222
82.2
No
42
15.6
Not decided
6
2.2
Total
270
100
Source: Fieldwork (2022)
Table 4.9 shows that 82.2 percent of respondent claimed they had experienced prior
violations of their rights, 15.6 percent said they had not, and 2.2 percent did not reply
to the question.
Table 4.10: Are people’s rights being ignored in the country?
Category
Respondent
Percentages
Yes
216
80
No
39
14.4
49
Not decided
15
5.6
Total
90
100
Source: Fieldwork (2022)
Eighty percent of respondent indicated yes to the issue of whether or not individual
rights are consistently infringed in Nigeria, 14.4 percent disagreed, and 5.6 percent were
unsure.
Table 4.11: In what ways can you indicate these rights being violated?
Category
Respondent
Percentages
Torture
12
4.4
Unlawful arrests
18
6.7
Illegal detentions
9
3.3
False implications
15
5.6
Extra judicial killings
21
7.8
Executive lawlessness
21
7.8
Influences
9
3.3
All of the above
165
61.1
Total
270
100
on
the
judicial system
Source: Fieldwork (2022)
According to the data in table 4.11, 4.4% of respondent claimed that torture, 6.7% stated
that an unlawful arrest had infringed their rights, and 3.3% indicated that an illegal
detention had. False implication was selected by 5.6 percent of respondent, while
extrajudicial killing was mentioned by 7.8 percent. Similarly, 7.8% of respondent chose
executive lawlessness, 3.3% mentioned the impact on the legal system, and 61.1 percent
50
indicated all of the aforementioned causes may be ways in which the police violated
their constitutional rights as citizens.
Table 4.12: Are some of your encounters with security organizations in the country?
Category
Respondent
Percentages
Positive
42
15.6
Negative
222
82.2
Not decided
6
2.2
Total
270
100
Source: Fieldwork (2022)
Table 4.12 above demonstrates that just 2.2 percent of respondent were indecisive,
whereas 82.2 percent of respondent reported having a poor experience with security
services and 15.6 percent reported having a favourable one.
Table 4.13: Has a security agency asked you to consent to a search?
Category
Respondent
Percentages
Yes
33
12.2
No
231
85.6
No response
6
2.2
Total
270
100
Source: Fieldwork (2022)
Table 4.13 shows that 12.2 percent of respondent agreed that police officers asked for
their permission before searching them, 85.6 percent of respondent disagreed, saying
that the police did not ask for permission before searching them, and the remaining 2.2
percent of respondent chose not to answer the question.
Table 4.14: Based on your experience, has your view of security companies in Nigeria
51
changed?
Category
Respondent
Percentages
Yes
42
15.6
No
219
81.1
No Response
9
3.3
Total
270
100
Source: Fieldwork (2022)
According to the data in the table above, 15.6% of respondent stated their perception
of Nigeria's security agencies has changed, and 81.1% said the same about security.
In fact, agencies have been strengthened by their interactions with the police and have
not altered. Only 3.3 percent of them remained silent.
Table 4.15 Do you think that the Nigerian state's failure to protect individual rights
poses a threat to democratic development in the country?
Category
Respondent
Percentages
Yes
219
81.1
No
42
15.6
No Response
9
3.3
Total
270
100
Source: Fieldwork (2022)
81.1 percent of respondent agreed that the failure of the Nigerian state to protect and
advance individual rights could have serious repercussions for the country's ability to
maintain democracy; however, 15.6 percent expressed opposing views and thought that
the failure to advance and advance human rights have no serious repercussions for the
country's ability to maintain democracy. 3.3 percent of them remained silent.
52
Table 4.16: Is the inability of democratic rule to protect human rights in Nigeria
brought about the EndSARS protest?
Category
Respondent
Percentages
Yes
246
91.1
No
21
7.8
No Response
3
1.1
Total
270
100
Source: Fieldwork (2022)
According to Table 4.16, 91.1% of respondent believed that the EndSARS protest was
a result of the democratic system's failure to protect their basic human rights, 7.8% of
respondent disagreed with this idea, and only 1.1% of respondent had no opinion.
Table 4.17 Do you think the Endsars was beyond a call to end police brutality to calling
for reforming all government sectors?
Category
Respondent
Percentages
Yes
240
88.9
No
27
10
No Response
3
1.1
Total
270
100
Source: Fieldwork (2022)
Table 4.17 shows that 88.9% of respondent thought the EndSARS protest was more
significant than calls for ending police abuses and comprehensive reform of all facets
of government; 10% of respondent disagreed with this assessment, and 1.1% of
respondent stated nothing.
53
Table 4.18 was the EndSARS protest a genuine cry for a democratic government to
defend the rights of the people?
Category
Respondent
Percentages
Yes
243
90
No
27
10
No Response
0
0
Total
270
100
Source: Fieldwork (2022)
As can be seen in table 4.18, 90% of respondent agreed that the EndSARS
demonstration was a reasonable appeal for Nigeria's democratic government to protect
and advance its fundamental human rights; 10% of respondent disagreed, and nobody
spoke up.
Table 4.19: Is there a violent dimension of the EndSARS protests?
Category
Respondent
Percentages
Justified
42
15.6
Not justified
201
74.4
No Response
27
10
Total
270
100
Source: Fieldwork (2022)
Table 4.19 shows that although 74.4 percent of respondent disagreed with this opinion
and 10% remained silent, 15.6% of respondent thought the violence that erupted at the
conclusion of the EndSARS rally was justifiable.
Table 4.20: Do you think the violence that ensued towards the end of the EndSARS
protest cannot harm the country's democracy?
54
Category
Respondent
Percentages
Yes
87
32.2
No
177
65.6
No Response
6
2.2
Total
270
100
Source: Fieldwork (2022)
Table 4.20 shows that 32.2 percent of respondent believe that the violence that took
place at the conclusion of the EndSARS protest cannot cause Nigeria's democracy to
collapse, while 65.6 percent of respondent believe that it may, and 2.2 percent of
respondent said nothing.
Table 4.21: Has any form of change or development towards protecting human rights
since the end of the EndSARS protest?
Category
Respondent
Percentages
Yes
54
20
No
210
77.8
No Response
6
2.2
Total
270
100
Source: Fieldwork (2022)
According to Table 4.21's statistics, 20% of respondent claimed to have seen
improvements in the country's efforts to advance human rights after the EndSARS
protest, while 77.8% said that nothing has changed and 2.2% were unsure.
Table 4.20 reveals that 88.9% of respondent thought that IPOB's demand for the
establishment of a Biafra state was reasonable, 8.9% disagreed, and 2.2 percent were
unsure.
55
Table 4.22: Do you perceive the present democratic rule as having the ability to address
the country's continued violation of human rights?
Category
Respondent
Percentages
Yes
69
25.6
No
189
70.0
No Response
12
4.4
Total
270
100
Source: Fieldwork (2022)
According to Table 4.22, 25.6% of the respondent thought that the country's ongoing
human rights violations could be addressed through the current democratic system. 70
percent disagreed with this view, arguing that democratic government as it exists now
cannot handle the country's human rights violations. 4.4% were unsure.
Table 4.23: What factors can you identify as responsible for the inability of democratic
rule in Nigeria to guide against violation of human rights?
Category
Respondent
Percentages
Constitutional Challenges
15
5.6
Impacts of Military Rule
27
10
Absence of True Judicial Independence system
18
6.7
56
Problem of Disobedience to Court Order
Impact of Underdevelopment
and
9
3.3
the 9
3.3
Political Systems
Weak Institutional Infrastructures
12
4.4
All of the above
180
66.7
Total
270
100
Source: Fieldwork (2022)
According to Table, 4.6 percent of respondent think that constitutional challenges have
made it difficult for democratic rule to advance fundamental human rights, while 10
percent of respondent thought that military rule had a negative impact on democracy
and that 6.7 percent of respondent said it was difficult to address human rights issues
in Nigeria because of the lack of true judicial independence. According to the survey,
3.3% of respondent believed that the issue of disobedience to court orders was a barrier
to the advancement of human rights in the nation, while 3.3% cited the political system
and the impact of underdevelopment as the main causes, and 4.4% agreed that the
current democratic system's inadequate institutional framework encourages human
rights abuse. However, 66.7% of the respondent said that all of the aforementioned
factors contribute to the malfunctioning of democratic governance to promote human
rights in the nation.
Test of Hypotheses
The Chi-square (X2) is an inferential statistical method that was employed in this study
to assess the research hypotheses.
Chi-square (X2) is calculated using the following formula: X2= (fo-fe)
2\sFe Where:
57
Fo = Frequency observed Expected frequency is Fe. Chi-squared X2
∑ = Sum of
For all inferential statistics, the general decisional rule for accepting or rejecting a
hypothesis is:
The study rejects the null hypothesis (Ho) and supports the alternative hypothesis when
the estimated statistic surpasses the table value (Hi).
The study accepts the null hypothesis (Ho) and rejects the alternative hypothesis when
the table value exceeds the computed statistic (Hi).
4.3.1 Hypothesis One
H0: Democratic rule has not failed to promote and protect the rights of individuals in
Nigeria. H1: Democratic rule has failed to promote and protect the rights of individuals
in Nigeria.
For hypothesis testing, data in tables 4.7 and 4.10 were used.
Table 4.24 demonstrates that 44.7% of respondents were in favour of the questions in
Tables 4.7 and 4.10, 44.7% were against them, and 5.6% had not made up their minds.
Question No
A
B
C
Total
D (4.7)
39 (a)
216 (b)
15 (c)
270
E (4.10)
216 (d)
39 (E)
15 (f)
270
Total
255 (47.2%)
255
30 (5.6%)
540
(47.2%)
Source: Fieldwork (2022)
58
The sum of the yeses in tags D and E is in the column A label. The sum of the no in
tags D and E is B.
The sum left up for debate in tags D and E is C. The responses from Table 4.7 are
labelled D. The responses from table 4.10 are marked with an E.
Table 4.24 above demonstrates that 44.7% of respondents preferred questions in tables.
44.7 percent of respondents were against questions 4.7 and 4.10, while 5.6 percent were
undecided.
Table 25 below displays the predicted frequency computation.
Table 4.26: Observed and Expected Frequencies Weighted
A
Observed
Expected
Deviatio
DeviationSquar
Weighe
Frequenc
Frequenc
n (fo- fe)
ed
d
y (fo)
y (fe)
(fo-fe)2
fe)2/fe
39
127.
(fo-
-88.5
2610.75
61.428
88.5
2610.75
61.428
5
B
216
127.
59
5
C
15
15
0
0
0
D
216
127.5
88.5
2610.75
61.428
E
39
127.5
-
2610.75
61.428
88.5
F
15
Tota
540
15
0
0
0
540
245.7
l
Source: Fieldwork (2022)
Calculated X2 = 81.9, Df = (c-1) (r-1); (3-1) (2-1) = 2, Alpha level = 0.05, Table value
= 5.99 If the calculated test statistic (χ2) test > the critical value from tables (x2
4.3.2 Hypothesis Two Hypothesis 2:
H0: The inability of democratic rule to safeguard human rights does not portend danger
for democratic sustainability in Nigeria.
H1: The inability of democratic rule to safeguard human rights portends danger for
democratic sustainability in Nigeria.
For hypothesis testing, data in tables 4.15 and 4.20 was used.
Table 4.27 below reveals that 56.7 percent of respondents approved of the questions in
tables 4.15 and 4.20, 40.5 percent disapproved, and the remaining 2.8 percent were
undecided.
Question No
D (4.15)
A
219 (a)
B
42 (b)
60
C
Total
9 (c)
270
E (4.20)
87 (d)
87 (E)
6 (f)
270
Total
306 (56.7%)
129
15 (2.8%)
540
(40.5%)
Source: Fieldwork (2022)
The sum of the yeses in tags D and E is in the column A label. The sum of the no in
tags D and E is B.
The sum left up for debate in tags D and E is C. The responses from table 4.15 are
denoted by the letter D. The results from table 4.20 are labelled E.
According to table 4.27, 56.7 percent of respondents supported the questions in tables
4.15 and 4.20, 40.5 percent disagreed, and the remaining 2.8 percent were undecided.
The predicted frequency computation is displayed in table 4.28 below.
Table 4.28: Calculating Expected Counts from Observed Counts
A
B
C
Tota
l
D
E
Tota
270x306/540=153
270x306/540=153
30
270x219/540=109.
270x15/540=7.
5
5
270x219/540=109.
270x15/540=7.
5
5
219
15
61
270
270
540
l
6
Source: Fieldwork (2022)
The FE in table 4.28 was gotten by using the formula Fe = R x C
N
Where Fe = Expected
Frequency R = Row Total
C = Column total N = Grand Total
Table 4.29: Observed and Expected Frequencies Weighted
Observe
Expected
Deviation
DeviationSqua
Weigh
d
Frequency
(fo- fe)
red
ed (fo-
Frequen
(fe)
(fo-fe)2
fe)2/fe
cy (fo)
A
219
1
66
5
62
1452
28.47
3
B
42
109.5
-67.5
C
9
7.5
1.5
D
87
1
-66
1518.75
0.75
41.607
0.3
1452
28.47
1518.75
41.607
5
3
E
177
109.5
6
7.
5
F
6
Tot
540
al
7.5
-1.5
54
0.75
0.3
140.1
0
Source: Fieldwork (2022)
63
CHAPTER FIVE
SUMMARY, CONCLUSION AND RECOMMENDATIONS
5.1 Summary of Findings
It was crucial to get to the conclusion of the hypothesis that had been formed for the
analysis and exploration of additional data groups in order to explain the study's
findings. The interaction was attempted to be used to further the data analysis and
presentation. Two important revelations are included in the outcome. The realisation
that Nigeria's democratic government has failed to progress and uphold human rights
is at the top of the list. The second realisation is that Nigeria's democracy is at risk if
democratic control over human rights is not upheld and due to the rate at which
corruption has eaten into the blood of the authority of Nigeria, to government was blind
to all the violation by the SARS operatives it resulted to the ENDSARS protest. Thirdly,
human rights violations appear to be an issue for Nigeria's democracy and citizens react
resentful to it which is a resent development. Without a doubt, a democratic society
upholds each person's rights. According to Table 5.6 of this survey, 75% of respondents
felt that a democratic government could readily maintain and enhance the rights of
citizens. Only 17.8% of respondents disagreed with the survey's findings. In contrast to
authoritarian regimes where it is normal and accepted for people to have their human
rights violated by illegitimate representatives, democracy and good governance demand
that those in charge of making significant decisions and taking decisive action on behalf
of the people do so after free and fair elections. It is a guarantee in a sense because it
will be difficult for the government to be chosen by those who would afterwards accuse
them of breaching human rights.
64
Among other things, Nigerians had anticipated that achieving self-rule would lead to
excellent administration, the advancement of fundamental human rights, and a notable
socio-economic and political change of the nation.
The right to fair process and equal protection have been undermined by inequalities in
the distribution of resources and effort notwithstanding decades of civilian democracy.
The poorest people in Nigeria are disproportionately impacted negatively by the
problem. One explanation for the persistence of these inconsistencies is the nation's
inability to include democratic ideals, which ensure the public's right to information,
participation in decision-making, and access to justice, in its governance.
A youth-led movement calling for a change in the country's political system was
developed as a result of the Nigerian state's incapacity to protect against rights
violations. A demonstration against police brutality served as the initial move. It
eventually developed into what was arguably the most recent public uprising against
the federal government. On October 3rd, a video supposedly depicting a person being
killed at random by SARS agents in Ughelli, a town in southern Delta state, surfaced
online. This was the turning point. Even more uproar was generated when Nigerian
authorities claimed the widely circulated video on social media was false and detained
the person who took it. It addresses a variety of issues, such as injustice, corruption,
and a general lack of trust in government. A far larger critique of Nigeria was included
in the protests as they progressed, including worries about extrajudicial murders,
security, and police reform.
In the past, Nigerians have also criticised police wrongdoing. Between January 2017
and May 2020, SARS was responsible for at least 82 acts of torture and extrajudicial
murders, according to Amnesty International. They allege that people held by SARS
65
have experienced physical abuse, such as beatings and kicks, burning with cigarettes,
and almost suffocation using transparent plastic bags. Cases and arrests are rarely
looked into. Although Nigeria made torture a crime in 2017, no SARS workers have
been found guilty of the crime.
Nigerians went to social media to share their stories of violent run-ins with the law after
a video showing SARS operatives leaving the scene of a man's death was released. The
federal government has already made a number of probes and reform promises.
However, the protest's organisers were quite clear about what they desired: an end to
SARS.
According to recent surveys, Nigerians blame the government and police the most for
the rise in human rights breaches (NOI Polls, 2019). On the continent, a running joke
about how the government responds to calls for reform has been going on for the past
25 years. Successive Nigerian administrations have turned to panels rather than offering
significantly better training and punishing breaching units. President Olusegun
Obasanjo also established the Dan madami police reform panel in 2006. (HWR, 2010).
In order to assess how well past studies had been put into practise, President Umaru
Musa Yar'Adua established the Presidential Committee on the Reform of the Nigerian
Police in 2008. President Goodluck Jonathan dismissed the inspector general of police
in 2012 after becoming aware of rumours that Boko Haram had infiltrated the police
service. He subsequently established a second group to overhaul the police force
(Aljazeera, 2012).
When Nigerians voted en masse for Buhari to become president in 2015, they expected
a problem to be solved, not a puzzle. In his pre-election rallies, Buhari promised
"change," but he has so far disappointed them. For Nigerians, the last five years have
66
been the most terrible and frightening; life has lost all meaning and flavour. Nigerians
will have the fifth-lowest life expectancy on Earth in 2020, according to
macrotrends.net, with a life expectancy of 54.8 years. Cruel leadership and bad
governance are related (Africa Report, 2020).
Herein lays the primary cause of Nigeria's violations of human rights. According to the
comments from the respondents in table 5.11, extrajudicial executions, false
accusations, arbitrary arrests, unlawful imprisonment, torture, executive interference,
and court system anarchy are Nigeria's most significant human rights issues. Nigeria's
democracy, according to the Joint Pastoral Letter, is tragically in danger. In order to
maintain our democracy, the press and our government, two institutions entrusted with
servicing the needs of the people, must do more. They must also preserve the rights that
God has given us (CBCN, 2010).
Nigeria's democracy has been eroding while being closely monitored by government
committee panels due to ongoing abuses and impunity. As a result, it is essential and
urgent to discuss the issue of human rights in Nigeria. A few legal defence strategies
for men and their surroundings emerged with the advent of legal rights. These literary
works examine men's connections with other individuals and the larger world, as well
as the peculiar and unique difficulties they have experienced throughout their time on
earth.
All of these rights are currently being violated, either directly or indirectly, in a
democratic Nigeria. The Nigerian government and the so-called leaders chosen by the
underprivileged for proper representation are seen collecting wealth for themselves and
their unborn children instead of working for the welfare of the public.
67
Section 1(1) of the 1999 Nigerian Constitution states the following: "proclaims it. The
aforementioned constitutional provision appears to have gone unnoticed by the Federal
authorities, who are responsible for defending human rights. They treat the constitution
with disrespect in the manner they do their business. The average citizen is the target
of the law. Nigeria's violations of human rights are brought on by this. The law doesn't
interest a lot of people. Laws are frequently changed to favour particular groups of
people. Nearly as if they were all people, everyone is treated equally. All men are
created equally, and their creator has endowed them certain unalienable rights, such as
the right to pursue happiness, liberty, and life. We consider these realities to be obvious.
This is stated in the American Declaration of Man's Rights (1776).
The statement made in the aforementioned statement does not reflect the opinions of
anyone involved in government. Nigeria is a divided nation. The federal government
has superhuman talents, according to them. They can only understand technicalities
when it comes to the obvious truth that everyone is equal in the eyes of the creator. The
average person is a piece of wood that may be burned at will. They are basal creatures.
The 1948 United Nations Declaration on the Adoption of Human Rights states that
"Human rights must be protected by the rule of law; recognition of the inherent dignity
and the equal, inalienable rights of all members of the human family is the foundation
of freedom, peace, and justice in the world; contempt and disregard for human rights
have resulted in barbaric acts that have outraged the conscience of humanity" (UN,
2015).
Idowu made the following observation on his behalf: "Before citizens can continue to
contribute their human resources to the overall development and effective
democratisation of their country, their fundamental rights must be guaranteed and
68
protected since they are arguably the most distinctive features of democracy. Simply
expressed, the progress of human rights is essential to the development of a robust
democracy and a nation (Idowu, 2003).
The study concludes that the government's inability to address violations of human
rights puts Nigeria's democracy at peril. Table 5.15 of this survey shows that 81.1% of
respondents, as opposed to 15.6 % who did not, thought that Nigeria's democracy may
be at danger if a democratic government failed to address rights violations. The
response to the regular disregard for human rights and dignity took a violent turn,
similar to how the EndSARS protest began, resulting in the loss of property and life
throughout the majority of the federation's states. The country's democracy was
seriously endangered by the violence that broke out during the EndSARS
demonstration. Violence may make it more difficult for the nation to retain democracy,
according to the majority of respondents (65,6 percent). But just 32.2 percent of them
gave an unfavourable response. Only 15.6 respondents, compared to 74.4 percent who
felt there could be no justification, thought the use of violence in this situation was
appropriate. Table 5.19 of this inquiry displays the data that was acquired. It is
important to pay heed to the concerns raised by the vast majority of respondents about
how the EndSARS demonstration's violence would effect how long the nation's
democracy will continue. According to Table 5.18 of the study's findings, 90% of
respondents considered the rally was a justified call for a democratic government to
defend citizens' rights.
Nigeria and all Nigerians needed to wake up as a result of the demonstrations. What
happened in Tunisia, Libya, and Egypt during the Arab spring may be instructive for
69
Nigeria. The Nigerian government quickly denounced the story (PM News, 2012).
Obaji (2020) questioned the veracity of the figures from his perspective.
Obaji (2020) contends that Nigeria is not a failing, crashing, or dissolving nation despite
its failure to offer its inhabitants democracy. Instead, it is a shaky state that has failed
to offer its residents basic public services (Soyemi, 2016). As a result, its dysfunctional
political system, social cohesion, peace, and economic growth have all suffered.
States are allowed to offer a limited number of public facilities to those living on their
territory. The safeguarding of everyone's basic liberties and rights is perhaps the most
important of them. Politics, economic progress, social cohesion, and peace are all
hampered by poor governance. Governments and institutions must be transparent with
the public and answerable to them.
5.2 Conclusion
The study looked at how Special Anti-Robbery Squads police in Nigeria frequently
violate human rights (SARS). The Special Anti-Robbery Squads (SARS) soldiers
frequently project a sense of dread, and because they don't wear name badges on their
uniforms, it could be challenging to identify one of them. Findings demonstrate the
severity of SARS's violations of human rights in Nigeria. It is hazardous. Since SARS
continues to roam the streets in patrol vans and there are becoming more human rights
breaches, there is a public uproar calling for the complete abolition of the SARS Unit
from the Nigeria Police Force. SARS continues to execute people without due process,
use excessive amounts of deadly force, and subject captives to routine cruel, inhumane
treatment. By using the worn-out cliché "police is our buddy," the police have damaged
public confidence and the Nigerian Police's reputation as a reliable law enforcement
organisation. The Nigeria Police Force is to responsible for the country's continued
70
breaches of human rights, as well as for the nation's poor record in combating crime,
the high levels of reported corruption within its ranks, and the nation's general
disrespect for human rights. All of these factors seriously jeopardise the peace and
security of the nation and increase Nigerians' mistrust of the police. SARS's
irresponsible actions were made possible by a lack of control over involvement in
activities that are counter to the interests of the broader public, a lacklustre work ethic,
and illiteracy. No one is above the law, thus the law has declared the people's rights and
they should be treated with the highest respect. No matter who was negligent, it should
be harshly penalised.
5.2.1 Implication of Study
The implications of study raise the issue of how human rights relate to armed conflict
and efforts to bring about peace. Although there is general agreement that abuses of
human rights are both causes and indicators of violent conflict, focusing just on one of
these views may result in different strategies and results. The inclusion of human rights
in a negotiated peace and the confluence of these rights with the many dimensions of
peace-building through the conflict resolution process are both discussed in this section,
which also focuses on other justice and rule-of-law-related issues. Violent conflicts
result from demands for appropriate access to means of resistance, instruments for
discrimination, and the right to self-determination. Human rights violations set off
cycles of fear-based dehumanisation. Conflict has the potential to start and worsen due
to both the denial of and demand for human rights. When the state fails to protect
fundamental human rights and provide forums for peaceful dispute settlement,
organisations may resort to using physical force to enforce their demands.
5.3 Recommendations
71
The inquiry has received the following recommendations;
1. Advocacy is necessary to prevent SARS workers from breaching and abusing
human rights. The public has to know what constitutes a breach of human rights
and how to protect victims from such violations, thus human rights defenders
must speak out. It could be done through radio and television programmes that
allow listeners to phone in with questions. Police are aware that once they retire,
people will no longer view them as officers but as regular citizens.
2. A competent court with jurisdiction must be ready to investigate cases of alleged
violations of human rights by the Nigerian Police Force objectively and to order
the Inspector General of Police to invite the responsible officer to testify in
court. Justice must be carried out swiftly, without delays.
3. A section within the Nigeria Police Force that would look into and file charges
against officers who had violated the rights of the people has to be established
by the federal government.
4. All DPOs, police commissioners, deputies, inspector general of police (DIGs),
human rights attorneys, and offices of the Human Rights Commission should
make their contact information available to the general public.
5. Before being assigned to various postings in the Nigerian Police Force,
candidates should be directed to different human rights organisations in Nigeria
for practical training on human rights issues and implications after being
employed or maybe graduating from Police College.
6.
If the victims' deaths were caused by the federal government, a law must be in
place to give their families prompt and significant compensation. The cost of
compensation should be reduced by the amount of money budgeted for the
72
Nigeria Police within a fiscal year. The costs incurred as a result of violating
people's rights would be disclosed to the Inspector General of Police (IGP), who
oversees the Nigerian Police Force.
7.
The IGP should be instructed to publicly and unequivocally reprimand any
incompetent police officers who are discovered to have violated human rights,
and all SARS department employees should go through a mental examination.
The Inspector General of Police is in charge of this project.
8. h) The Nigerian Police Compel's SARS unit has to be reorganised with a new
plan of attack and a focus on best practises from across the world, or it risked
being forced to close down and need its entire staff to retire.
5.4 Implications to research
This research critically examines the effects of human rights breaches in Nigeria on
both a national and individual level.
a. Because respect for human rights is a fundamental component of democratic
government, this study is important.
b. The research reveals both the harm this poses to Nigeria's budding democracy
and the Nigerian government's inability to stop the Nigerian Police from
violating people's rights.
c. At a time when Nigeria's democratic system is now experiencing adjustments,
this research is pertinent. The democracy in Nigeria should be strengthened and
supported in every way possible.
d. Because of this work's capacity to improve the academic development of
democracy and human rights, students will gain a great deal from it.
e. Students will benefit greatly from the knowledge they learn from this study,
73
especially if they want to conduct further research on the topic.
74
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84
APPENDIX I
Questionnaire Guide
Dear Respondent,
I am a Master's student with the institution named above and the department. I am
researching "Nigeria Security Agencies and Human Rights Violation: A Study of the
Nigeria Police Force (Special Anti-Robbery Squads; SARS); please note the
information you have given will be treated in strict confidence and used for this research
work.
SECTION A: Demographic and demographic Data available.
Instruction: Please tick the answer relevant to your answers
a. Sex: Male [ ] Female []
b. Academic Qualification:
Secondary
()
Tertiary
() Primary () No Education () 3 Age within years (s): 31 - 40 () 18- 30 ()
41 - 50 () 51 and higher ()
c. Marital Status: Single( )Married( )Divorced( )Widowed( )
d. Education: Tertiary ( ) Secondary ( ) Primary ( ) No education ()
e. Occupation: Civil servants ( ) Academia ( ) Entertainment ( ) Students
() Business ()
f. Years of working experience:1- 5years( ) 6-10( ) 11-15( ) 16-20( ) >20
()
85
SECTION B: Opinions of Respondent
Remember to answer this area and tick as appropriate [√] by choosing among the
options (Y (Yes); N (N); U (Not decided); you might add a comment to justify
your answers.
S/N QUESTIONS
yes no Und
1
Do You think that democracy guarantees individual rights?
2
Does democracy in Nigeria protect people's rights from abuse,
especially by the police?
3
Is the human rights situation in Nigeria out of control?
4
Have you had first-hand experiences where police violated your
rights?
5
Are human rights being ignored in the country?
6
Do these rights get regularly encroached?
7
Are some of your encounters with security organizations in the
country?
8
Has a security agency asked you to consent to a search?
9
Based on your experience, has your view of security companies
in Nigeria changed?
10 Do you think that the Nigerian state's failure to protect
individual rights poses a threat to democratic development in the
country?
11 Is the inability of democratic rule to protect human rights in
Nigeria brought about the EndSARS protest?
86
12 Do you think the Endsars was beyond a call to end police brutality
to calling for reforming all government sectors?
13 Is the EndSARS protest a genuine cry for a democratic
government to defend the rights of the people?
14 What do you think about the violent dimension of the EndSARS
protests?
15 Do you think the violence that ensued towards the end of the
EndSARS protest cannot harm the country's democracy?
16 Has any form of change or development towards protecting
human rights since the end of the EndSARS protest?
17 Do you perceive the present democratic rule as having the ability
to address the country's continued violation of human rights?
18 Are there factors you can identify as responsible for the inability
of democratic rule in Nigeria to guide against violation of human
rights?
87