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Nigeria

Executive Summary

Nigeria is a federal republic composed of 36 states and the Federal Capital Territory (FCT). In 2015 citizens elected President Muhammadu Buhari of the All Progressives Congress party to a four-year term in the first successful democratic transfer of power from a sitting president in the country’s history.

Civilian authorities did not always maintain effective control over the security services.

The insurgency in the Northeast by the militant terrorist group Boko Haram, and its splinter group Islamic State-West Africa, continued. The military drove the insurgents out of major population centers, but they remained in control of rural areas and capable of conducting complex attacks and suicide bombings. Casualty figures increased, and reports of serious human rights abuses by both Boko Haram and security forces continued.

The most serious human rights abuses included those committed by Boko Haram, which conducted numerous attacks on government and civilian targets that resulted in thousands of deaths and injuries, widespread destruction, the internal displacement of 1.8 million persons, and the external displacement of an estimated 191,000 Nigerian refugees to neighboring countries, principally Cameroon, Chad, and Niger. In its response to Boko Haram attacks, and at times in response to crime and insecurity in general, security services perpetrated extrajudicial killings and engaged in torture, rape, arbitrary detention, mistreatment of detainees, looting, and destruction of property.

The country also suffered from ethnic, regional, and religious violence. Other serious human rights problems included vigilante killings; prolonged pretrial detention, often in poor conditions and with limited independent oversight; civilian detentions in military facilities, often based on flimsy evidence; denial of fair public trial; executive influence on the judiciary; infringement on citizens’ privacy rights; restrictions on freedoms of speech, press, assembly, and movement; official corruption; violence against women and children, including female genital mutilation/cutting; sexual exploitation of children; trafficking in persons; early and forced marriages; discrimination based on sexual orientation and gender identity; discrimination based on ethnicity, regional origin, religion, and disability; forced and bonded labor; and child labor.

The government took few steps to investigate or prosecute officials who committed violations, whether in the security forces or elsewhere in the government, and impunity remained widespread at all levels of government. The government did not investigate or prosecute most of the major outstanding allegations of human rights violations by the security forces or the majority of cases of police or military extortion or other abuse of power.

Boko Haram’s numerous attacks often targeted civilians. The group, which recruited and forcefully conscripted child soldiers, carried out bombings–including suicide bombings–and other attacks on population centers in the Northeast and in Cameroon, Chad, and Niger. The government investigated these attacks but prosecuted few members of Boko Haram; it detained the vast majority of suspected Boko Haram supporters in military custody without charge.

Abductions by the group continued. The group subjected many abducted women and girls to sexual and gender-based violence, including forced marriages and rape. The government investigated attacks but rarely prosecuted Boko Haram members; it detained the vast majority of suspected Boko Haram supporters in military custody without charge.

The United Nations and other international organizations reported that vigilante groups, collectively known as the Civilian Joint Task Force (CJTF), which at times aligned with the military against Boko Haram, continued to recruit and use, sometimes by force, child soldiers. The government prohibited these actions and maintained that CJTF forces aligned with the government did not employ child soldiers. Nonetheless, the Borno State government continued to provide financial and in-kind resources to some members of the CJTF, which was also at times aligned with the Nigerian military in operations against Boko Haram.

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were numerous reports the government or its agents committed numerous arbitrary and unlawful killings. The national police, army, and other security services used lethal and excessive force to disperse protesters and apprehend criminals and suspects and committed other extrajudicial killings. Authorities generally did not hold police, military, or other security force personnel accountable for the use of excessive or deadly force or for the deaths of persons in custody. State and federal panels of inquiry investigating suspicious deaths did not make their findings public.

The use by security services of excessive force, including live ammunition, to deal with protesters and disperse demonstrators resulted in numerous killings. On February 9, police and military personnel reportedly used live ammunition to disperse protesting members or supporters of the separatist Indigenous People of Biafra (IPOB) movement at a school in Aba, Abia State, killing at least nine. In June Amnesty International (AI) published the findings of an investigation, concluding that on May 29-30, police and military personnel in Onitsha, Anambra State, killed at least 17 IPOB members or supporters ahead of a planned political demonstration. According to a September AI report, since August 2015 security forces killed at least 150 IPOB members or supporters and arbitrarily arrested hundreds. As of December the government had not investigated these incidents.

In January the government of Kaduna State appointed a judicial commission of inquiry to investigate the December 2015 killing by Nigerian Army (NA) forces of members of the Shia group Islamic Movement of Nigeria (IMN) in Zaria, Kaduna State. The federal government indicated it would wait for the results of this investigation before taking action, claiming it would be the most acceptable course of action. During the proceedings, from which the IMN abstained, claiming bias against the group, Kaduna officials revealed the existence of a mass grave holding the remains of 347 IMN members killed by the NA. The government of Kaduna made public the commission’s nonbinding report on July 31. According to the document, 348 IMN members and one soldier died during the December 2015 altercations, which were followed by the government’s destruction of IMN religious sites and property in and around Zaria. The commission found the NA used “excessive and disproportionate” force and recommended the federal government conduct an independent investigation and prosecute anyone found to have acted unlawfully. It also called for the proscription of the IMN and the monitoring of its members and their activities. In December the government of Kaduna published a white paper accepting the commission’s recommendation to investigate and prosecute allegations of excessive and disproportionate use of force by the NA. It also accepted the recommendation to hold IMN leader Sheikh Ibrahim Zakzaky responsible for all illegal acts committed by IMN members during the altercations and in the preceding 30 years. A federal court in December declared the continued detention without charge of Zakzaky and his wife illegal and unconstitutional. The court ordered the immediate and unconditional release of the IMN leader and his spouse but gave authorities 45 days to carry it out, reasoning that the government needed that time to provide the couple with a dwelling to replace the one destroyed in the wake of the 2015 Zaria incidents. As of December more than two hundred imprisoned IMN members continued to await trial on charges of conspiracy and culpable homicide.

Security forces were allegedly responsible for extrajudicial killings, often arbitrarily killing many individuals at one time. For example, in August military personnel entered a village in Bosso Local Government Area (LGA), Niger State, and allegedly killed seven civilians for denying soldiers permission to enter their houses and search for arms and ammunition. The government of Niger State set up a commission of inquiry to investigate. As of December it had not issued a report.

There were reports of arbitrary and unlawful killings related to internal conflicts in the Northeast and other areas (see section 1.g.).

b. Disappearance

According to AI, on August 16, armed men in a sport utility vehicle bearing government license plates shot and abducted pro-Biafra activist Sunday Chucks Obasi outside his home in Amuko Nnewi, Anambra State. In response to inquiries by his family, police in Anambra stated Obasi was not in their custody. As of December his whereabouts remained unknown.

Criminal groups continued to abduct civilians in the Niger Delta and the Southeast, often to collect ransom payments. For example, according to press reports, in June gunmen kidnapped as many as seven cement company contractors, including several expatriates, in the outskirts of Calabar, Cross River State. The kidnappers released the men unharmed several days later.

Other parts of the country continued to experience a significant number of abductions. Prominent and wealthy figures were often targets of abduction. For example, in March gunmen kidnapped, and later killed, NA Colonel Samaila Inusa in Kaduna State. In April kidnappers briefly abducted former minister of education Senator Iyabo Anisulowo in Ogun State, allegedly releasing him after a ransom payment.

Boko Haram continued to conduct large-scale abductions in Adamawa, Borno, and Yobe States (see section 1.g.).

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit torture and other cruel, inhuman, or degrading treatment. The Administration of Criminal Justice Act (ACJA), passed in 2015, prohibits torture and cruel, inhuman, or degrading treatment of arrestees; however, it fails to prescribe penalties for violators. Each state must also individually adopt the ACJA for the legislation to apply beyond the FCT and federal agencies. As of December only the states of Anambra, Ekiti, Enugu, and Lagos had adopted it. Final passage of an antitorture bill, initially passed in 2015 by both houses of the National Assembly but returned by President Buhari to the Senate for amendments, was pending.

The Ministry of Justice established a National Committee against Torture (NCAT). Lack of legal and operational independence and lack of funding, however, continued to prevent NCAT from carrying out its work effectively.

The law prohibits the introduction into trials of evidence and confessions obtained through torture. Authorities did not respect this prohibition, however, and police often used torture to extract confessions later used to try suspects. Police also repeatedly mistreated civilians to extort money.

In September AI reported police officers in the Special Antirobbery Squad (SARS) regularly tortured detainees in custody as a means of extracting confessions and bribes. For example, SARS officers in Enugu State reportedly beat one victim with machetes and heavy sticks, releasing him only after payment of 25,500 naira ($81). In response to AI’s findings, the inspector general of police reportedly admonished SARS commanders and announced broad reforms to correct SARS units’ failures to follow due process and their use of excessive force.

Local nongovernmental organizations (NGOs) and international human rights groups continued to accuse the security services of illegal detention, inhuman treatment, and torture of demonstrators, criminal suspects, militants, detainees, and prisoners. Military and police reportedly used a wide range of torture methods, including beatings, shootings, nail and tooth extractions, rape, and other forms of sexual violence. According to reports, security services committed rape and other forms of violence against women and girls, often with impunity. For example, in July a police inspector allegedly raped a 15-year-old girl in Mkpat Enin, Akwa Ibom State. As of December there were no reports of any investigation into the incident.

Police continued to use a technique commonly referred to as “parading” of arrestees, which involved walking arrestees through public spaces and subjecting them to public ridicule and abuse. Bystanders often taunted and hurled food and other objects at arrestees.

The sharia courts in 12 northern states may prescribe punishments such as caning, amputation, and death by stoning. The sharia criminal procedure code allows defendants 30 days to appeal sentences involving mutilation or death to a higher sharia court. Statutory law mandates state governors treat all court decisions equally, including amputation or death sentences, regardless of whether issued by a sharia or a non-sharia court. Authorities, however, often did not carry out caning, amputation, and stoning sentences passed by sharia courts because defendants frequently appealed, a process that could be lengthy. Federal appellate courts had not ruled on whether such punishments violate the constitution because no relevant cases had reached the federal level. Although sharia appellate courts consistently overturned stoning and amputation sentences on procedural or evidentiary grounds, there were no challenges on constitutional grounds.

There were no reports of canings during the year. Defendants generally did not challenge caning sentences in court as a violation of statutory law. Sharia courts usually carried out caning immediately. In some cases convicted individuals paid fines or went to prison in lieu of caning.

In January a sharia court in Kano confirmed the death sentence for blasphemy of an Islamic cleric and eight others. They had allegedly made blasphemous statements the previous May at a religious gathering in honor of the founder of the Tijaniya sect. As of December the case remained on appeal.

Prison and Detention Center Conditions

Prison and detention center conditions remained harsh and life threatening. Prisoners and detainees were reportedly subjected to extrajudicial execution, torture, gross overcrowding, food and water shortages, and other abuses. The government often detained suspected militants outside the formal prison system (see section 1.g).

Physical Conditions: Overcrowding was a significant problem. Although the total designed capacity of the country’s prisons was 50,153 inmates, as of March they held 63,142 prisoners. Approximately 72 percent of inmates were in pretrial detention or remanded. There were 1,225 female inmates as of September 2015. Authorities sometimes held female and male prisoners together, especially in rural areas. In 2013 the NPS reported there were 847 juvenile inmates in juvenile detention centers, but prison authorities often held juvenile suspects with adults.

Prisoners and detainees, the majority of whom had not been tried, were reportedly subjected to extrajudicial execution, torture, gross overcrowding, food and water shortages, inadequate medical treatment, deliberate and incidental exposure to heat and sun, and infrastructure deficiencies that led to wholly inadequate sanitary conditions that could result in death. Guards and prison officials reportedly extorted inmates or levied fees on them to pay for food, prison maintenance, and release from prison. Female inmates in some cases faced the threat of rape.

Most of the 240 prisons were 70 to 80 years old and lacked basic facilities. Lack of potable water, inadequate sewage facilities, and severe overcrowding resulted in dangerous and unsanitary conditions. Disease remained pervasive in cramped, poorly ventilated prison facilities, which had chronic shortages of medical supplies. Inadequate medical treatment caused many prisoners to die from treatable illnesses, such as HIV/AIDS, malaria, and tuberculosis. Although authorities attempted to isolate persons with communicable diseases, facilities often lacked adequate space, and inmates with these illnesses lived with the general prison population. There were no reliable statistics on the number of prison deaths during the year.

Only prisoners with money or support from their families had sufficient food. Prison officials routinely stole money provided for prisoners’ food. Poor inmates often relied on handouts from others to survive. Prison officials, police, and other security force personnel often denied inmates food and medical treatment to punish them or extort money.

In general prisons had no facilities to care for pregnant women or nursing mothers. Infants born to inmate mothers usually remained with the mother until weaned. Although the law prohibits the imprisonment of children, minors–many of whom were born in prison–lived in the prisons. According to the Nigerian Prisons Service (NPS), in 2013 there were 69 infants in prison with their mothers. Results of a survey of women and children in prisons conducted by CURE-Nigeria and released in March revealed many children in custody did not receive routine immunizations, and authorities made few provisions to accommodate their physical needs, to include hygiene items, proper bedding, proper food, and recreation areas. According to a report by the NGO CURE-Nigeria, female inmates largely relied on charitable organizations to obtain female hygiene items.

Generally, prisons made few efforts to provide mental health services or other accommodations to prisoners with mental disabilities (see section 6).

Several unofficial military prisons reported by domestic and international human rights groups–including the Giwa Barracks facility in Maiduguri, Borno State–continued to operate (see section 1.g.). In May AI reported that at least 149 individuals, including 12 children and babies, had died since January at Giwa Barracks. According to the report, overcrowding coupled with disease and inadequate access to food and water were the most likely causes of the increase in mortality at the installation. The military reportedly detained many of those at Giwa Barracks during arbitrary mass arrests based on random profiling rather than reasonable suspicion of supporting Boko Haram. The military publicly denied the findings of the report but worked with the UN Children’s Fund (UNICEF) and by October had released 876 children previously detained at the facility. It was unclear following their release how many other children or adults remained in detention at Giwa Barracks or other unofficial detention facilities.

In 2014 AI reported the mass extrajudicial executions of more than 600 recaptured prisoners at Giwa Barracks following an escape attempt. In 2013 AI had revealed the existence of previously unknown military detention facilities in the Northeast–including Giwa Barracks, and the Sector Alpha (also called “Guantanamo”) and Presidential Lodge (also called “the Guardroom”) facilities in Damaturu, Yobe State. According to AI, the military subjected detainees in them to inhuman and degrading treatment; hundreds allegedly died due to of extrajudicial killings, beatings, torture, or starvation. In response to the Giwa Barracks allegations, the military indicated it would conduct an investigation. As of December the military had not released any reports of an investigation.

Administration: Recordkeeping on prisoners was inadequate, and authorities did not take steps to improve it. Authorities maintained records for individual prisoners in paper form inconsistently and did not make them widely accessible.

While prison authorities allowed visitors within a scheduled timeframe, few visits occurred, largely due to lack of family resources and travel distances.

The country does not have an ombudsman to serve on behalf of convicted prisoners and detainees. The ACJA provides that the chief judge of each state, or any magistrate designated by the chief judge, shall conduct monthly inspections of police stations and other places of detention within the magistrate’s jurisdiction, other than prisons, and may inspect records of arrests, direct the arraignment of suspects, and grant bail if previously refused but appropriate.

The National Human Rights Commission (NHRC) conducts prison audits and in September announced the start of a new one. Despite an expressed willingness and ability to investigate credible allegations of inhuman conditions, however, the last audit report it publicly released was in 2012. Through its Legal Aid Council, the Ministry of Justice reportedly provided some monitoring of prisons under the Federal Government Prison Decongestion Program.

Independent Monitoring: There was limited monitoring of prisons by independent nongovernmental observers. The International Committee of the Red Cross continued to have access to police detention and NPS facilities. It was also able to visit some military detention facilities.

Improvements: Some individual attorneys general and prison administrators worked to improve local facilities and processes. CURE-Nigeria worked with the chief justice of the FCT to review the cases of FCT inmates incarcerated in neighboring states while awaiting trial or after having served their sentences.

d. Arbitrary Arrest or Detention

Although the constitution and law prohibit arbitrary arrest and detention, police and security services employed these practices. According to numerous reports, since 2013 the military arbitrarily arrested and detained–often in unmonitored military detention facilities–thousands of persons in the context of the fight against Boko Haram in the Northeast (see section 1.g.). In their prosecution of corruption cases, law enforcement and intelligence agencies often failed to follow due process and arrested suspects without appropriate arrest and search warrants.

ROLE OF THE POLICE AND SECURITY APPARATUS

The National Police Force (NPF) is the country’s largest law enforcement agency. An inspector general of police, appointed by the president and reporting to the minister of interior, commands the NPF. In addition to traditional police responsibilities of maintaining law and order in communities in each of the states and the FCT, the inspector general oversees law enforcement operations throughout the country involving border security, marine (navigation) matters, and counterterrorism. A state commissioner of police, nominated by the inspector general and approved by the state governor, commands NPF forces in each of the states and the FCT. Although administratively controlled by the inspector general, operationally the state commissioner reports to the governor. In the event of societal violence or emergencies, such as endemic terrorist activity or national disasters that necessitate the temporary deployment to a state of additional law enforcement resources, the governor may also assume operational control of these forces.

The Department of State Services (DSS) is responsible for internal security and reports to the president through the national security adviser. Several other federal organizations have law enforcement components, such as the Economic & Financial Crimes Commission (EFCC), Attorney General’s Office, Ministry of Interior, and federal courts.

Due to the inability of law enforcement forces to control societal violence, the government increasingly turned to the armed forces in many cases. In July, for example, the military launched Operation Accord to tackle an increase in the number of herder-farmer conflicts throughout the country.

The police, DSS, and military reported to civilian authorities but periodically acted outside civilian control. The government lacked effective mechanisms and sufficient political will to investigate and punish security force abuse and corruption. The police and military remained susceptible to corruption, committed human rights abuses, and operated with widespread impunity in the apprehension, illegal detention, torture, and extrajudicial execution of suspects. The DSS also reportedly committed human rights abuses. In some cases private citizens or the government brought charges against perpetrators of human rights abuses, but most cases lingered in court or went unresolved after an initial investigation. In the armed forces, a soldier’s commanding officer determined disciplinary action, and the decision was subject to review by the chain of command under the Armed Forces Act. In March the army announced the creation of a human rights desk to investigate complaints of human rights violations brought by civilians, although as of December that office’s mandate remained unclear and no investigations had been formally initiated.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

Police and other security services have the authority to arrest individuals without first obtaining warrants if they have reasonable suspicion a person committed an offense, a power they often abused. The law requires that, even under a state of emergency, detainees must appear before a magistrate within 48 hours and have access to lawyers and family members. In many instances government and security officials did not adhere to this regulation without being bribed. Police held for interrogation individuals found in the vicinity of a crime for periods ranging from a few hours to several months, and after their release, authorities frequently asked the individuals to return for further questioning. The law requires an arresting officer to inform the accused of charges at the time of arrest, transport the accused to a police station for processing within a reasonable time, and allow the suspect to obtain counsel and post bail. Families were afraid to approach military barracks used as detention facilities. Police routinely detained suspects without informing them of the charges against them or allowing access to counsel and family members; such detentions often included solicitation of bribes. Provision of bail often remained arbitrary or subject to extrajudicial influence. Judges often set exceedingly stringent bail conditions. In many areas with no functioning bail system, suspects remained incarcerated indefinitely under investigative detention. Authorities kept detainees incommunicado for long periods. Numerous detainees alleged police demanded bribes to take them to court hearings or to release them. If family members wanted to attend a trial, police often demanded additional payment.

Arbitrary Arrest: Security force personnel arbitrarily arrested numerous persons during the year, although the number remained unknown. In the Northeast the military and members of vigilante groups, such as the CJTF, reportedly continued to round up individuals during mass arrests, often with no evidence against them.

Security services detained journalists and demonstrators during the year (see sections 2.a. and 2.b.).

Pretrial Detention: Lengthy pretrial detention remained a serious problem. According to NPS figures from March, 72 percent of the prison population consisted of detainees awaiting trial, often for years. The shortage of trial judges, trial backlogs, endemic corruption, bureaucratic inertia, and undue political influence seriously hampered the judicial system. In many cases multiple adjournments resulted in years-long delays. Many detainees had their cases adjourned because the NPF and the NPS did not have vehicles to transport them to court. Some persons remained in detention because authorities lost their case files.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Detainees can challenge the lawfulness of their detention before a court and have the right to submit complaints to the NHRC. For example, in April an Abuja court ordered the EFCC to pay the sum of 10 million naira ($31,750) as damages to the former acting national chairman of the Peoples Democratic Party after declaring his arrest and subsequent detention by the commission illegal.

Nevertheless, most detainees found this approach ineffective because, even with legal representation, they often waited years to gain access to court.

e. Denial of Fair Public Trial

Although the constitution and law provide for an independent judiciary, the judicial branch remained susceptible to pressure from the executive and legislative branches. Political leaders influenced the judiciary, particularly at the state and local levels. Understaffing, underfunding, inefficiency, and corruption prevented the judiciary from functioning adequately. Judges frequently failed to appear for trials. In addition, the pay for court officials was low, and they often lacked proper equipment and training.

There was a widespread public perception that judges were easily bribed and litigants could not rely on the courts to render impartial judgments. Citizens encountered long delays and received requests from judicial officials for bribes to expedite cases or obtain favorable rulings.

Although the Ministry of Justice implemented strict requirements for education and length of service for judges at the federal and state levels, no requirements or monitoring bodies existed for judges at the local level. This contributed to corruption and the miscarriage of justice in local courts.

The constitution provides that, in addition to common law courts, states may establish courts based on sharia or customary (traditional) law. Sharia courts functioned in 12 northern states and the FCT. Customary courts functioned in most of the 36 states. The nature of a case and the consent of the parties usually determined what type of court had jurisdiction. In the case of sharia courts in the North, the impetus to establish them stemmed at least in part from perceptions of inefficiency, cost, and corruption in the common law system.

The constitution specifically recognizes sharia courts for “civil proceedings,” but they do not have the authority to compel participation by non-Muslims. Non-Muslims have the option to have their cases tried in the sharia courts if involved in civil disputes with Muslims.

The constitution is silent on the use of sharia courts for criminal cases. In addition to civil matters, sharia courts also hear criminal cases if both complainant and defendant are Muslim and agree to the venue. Sharia courts may pass sentences based on the sharia penal code, including for “hudud” offenses (serious criminal offenses with punishments prescribed in the Quran) that provide for punishments such as caning, amputation, and death by stoning. Despite constitutional language supporting only secular criminal courts and the prohibition against involuntary participation in sharia criminal courts, a Zamfara State law requires that a sharia court hear all criminal cases involving Muslims.

Defendants have the right to challenge the constitutionality of sharia criminal statutes through the common law appellate courts. As of December no challenges with adequate legal standing had reached the common law appellate system. The highest appellate court for sharia-based decisions is the Supreme Court, staffed by common-law judges who are not required to have any formal training in the sharia penal code. Sharia law experts often advise them.

TRIAL PROCEDURES

Defendants are presumed innocent and enjoy the rights to: be informed promptly and in detail of charges (with free interpretation as necessary from the moment charged through all appeals); receive a fair and public trial without undue delay; be present at their trial; communicate with an attorney of choice (or have one provided at public expense); have adequate time and facilities to prepare a defense; confront witnesses against them and present witnesses and evidence; not be compelled to testify or confess guilt; and appeal. The law grants defendants the right to apply directly or through a lawyer for access to government-held evidence.

Authorities did not always respect these rights. Although accused persons are entitled to counsel of their choice, no law prevents a trial from going forward without counsel, except for certain offenses that carry the death penalty. Authorities held defendants in prison awaiting trial for periods well beyond the term allowed by law (see section 1.c.).

Human rights groups alleged the government denied terror suspects detained by the military their rights to legal representation, due process, and to be heard by a judicial authority. Despite announcements in 2015 that the government was preparing to prosecute 350 Boko Haram suspects in custody, as of December there were no reports of the government initiating their prosecutions. Thousands of other individuals suspected of association with Boko Haram remained in detention with no investigations or prosecutions initiated against them.

Under common law women and non-Muslims may testify in civil or criminal proceedings and give testimony that carries the same weight as testimony of other witnesses. Sharia courts usually accorded the testimony of women and non-Muslims less weight than that of Muslim men. Some sharia court judges allowed different evidentiary requirements for male and female defendants to prove adultery or fornication. Pregnancy, for example, was admissible evidence of a woman’s adultery or fornication in some sharia courts. In contrast, sharia courts could convict men only if they confessed or there was eyewitness testimony. Sharia courts, however, provided women some benefits, including increased access to divorce, child custody, and alimony.

Military courts tried only military personnel, but their judgments could be appealed to civilian courts. Members of the military are subject to the Armed Forces Act regarding civil and criminal matters. The operational commanding officer of a member of the armed forces must approve charges against that member. The commanding officer decides whether the accusation merits initiation of court-martial proceedings or lower-level disciplinary action. Such determinations are nominally subject to higher review, although the commanding officer makes the final decision. If the case proceeds, the accused is subject to trial by a four-member court-martial. The law provides for internal appeals before military councils as well as final appeal to the civilian Court of Appeals.

In May the NA announced a special court-martial to try two generals on unspecified charges. In September the court convicted one of them of indiscipline and reduced his rank. In August the NA convened a court-martial to try 16 soldiers and four officers for offenses allegedly committed during operations in the Northeast. Their cases were pending as of December.

POLITICAL PRISONERS AND DETAINEES

There were no new reports of political prisoners or detainees. Persons arrested in previous years for alleged treason remained in detention at year’s end.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

The constitution and law provide for an independent judiciary in civil matters, but the executive and legislative branches, as well as business interests, exerted influence and pressure in civil cases. Official corruption and lack of will to implement court decisions also interfered with due process. The law provides for access to the courts for redress of grievances, and courts may award damages and issue injunctions to stop or prevent a human rights violation, but the decisions of civil courts were difficult to enforce.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The law prohibits arbitrary interference, but authorities reportedly infringed on these rights during the year, and police entered homes without judicial or other appropriate authorization. There were reports of warrantless arrests of young men in the Niger Delta region on suspicion of having links with militant groups. In their pursuit of corruption cases, law enforcement agencies reportedly carried out searches and arrests without warrants.

The Federal Capital Development Authority (FCDA) continued to threaten to evict residents in communities not deemed in compliance with the Abuja city master plan. The FCDA typically claimed that demolished homes, businesses, or churches lacked proper permits (even if owners were able to produce documentation indicating the structures were built legally), were unsafe, or posed health hazards. Many civil society organizations and citizens claimed property developers with connections to government officials acquired vacated properties. No transparent legal process existed for deciding which homes the government would demolish. Persons who lost homes lacked recourse to appeal and received no compensation. Many observers viewed the demolitions as motivated primarily by corruption and discrimination based on socioeconomic class, since mostly lower- and middle-class persons lost their homes and property.

For example, the government of Kaduna State issued demolition notices in March to residents of Gbagyi Villa despite a court injunction against the planned demolition. Residents claimed the government had not consulted with them or offered alternative housing or compensation.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Although the constitution and law provide for freedom of speech and press, the government frequently restricted these rights.

Freedom of Speech and Expression: The constitution entitles every individual to “freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference.” Although federal and state governments usually respected this right, there were reported cases in which the government abridged the right to speech and other expression.

Press and Media Freedoms: Freedom House’s annual survey of media independence, Freedom of the Press 2016, described the press as “partly free.” A large and vibrant private domestic press frequently criticized the government. Because newspapers and television were relatively expensive and literacy levels low, radio remained the most important medium of mass communication and information.

Violence and Harassment: Security services detained and harassed journalists, sometimes for reporting on sensitive problems such as political corruption and security. Security services including police occasionally arrested and detained journalists who criticized the government.

For example, in May a journalist was driving to an assignment when he saw two police officers beating up a driver and his passenger by the side of the road. When he stopped to film the scene, one officer tried to prevent him from doing so while the other slapped him. After a struggle, the officers arrested the journalist and took him to the police station in Mushin LGA, Lagos State. After threatening him, the police released the journalist.

In August EFCC agents arrested a popular blogger known as Abusidiqu after he published a post highly critical of the head of the EFCC. He was released two days later, amid widespread criticism of his arrest.

Censorship or Content Restrictions: The government controlled much of the electronic media through the National Broadcasting Commission (NBC), which is responsible for monitoring and regulating broadcast media. The law prohibits local television stations from transmitting programming from other countries except for special religious programs, sports programs, or events of national interest. Cable and satellite transmission was less restricted. For example, the NBC permitted live transmission of foreign news and programs on cable and satellite networks, but they must dedicate 20 percent of their programming time to local content.

Journalists practiced self-censorship. Local NGOs claimed security services intimidated newspaper editors and owners into censoring reports of killings and other human rights abuses.

Libel/Slander Laws: Libel is a civil offense and requires defendants to prove the truth of the opinion or value judgment contained in news reports or editorials or pay penalties. This limited the circumstances in which media defendants could rely on the common law legal defense of “fair comment on matters of public interest,” and it restricted the right to freedom of expression. Defamation is a criminal offense carrying a penalty of two years’ imprisonment and possible fines.

INTERNET FREEDOM

There were few government restrictions on access to the internet, but challenges with infrastructure and affordability persisted. Rising internet usage in the country was due to growing cell phone usage, although high-speed broadband penetration increased from 10 percent in 2014 to 14 percent during the year. According to the World Bank, 47 percent of individuals used the internet in 2015.

Human rights advocates and business executives expressed concern over the inadequacy of laws to protect personal data and privacy rights. Some civil society organizations, government officials, and business executives expressed concern over the broad powers the Cybercrimes Act of 2015 gives law enforcement and other security agencies to intercept private communications. According to civil society organizations, business executives, and network providers, the government in the past conducted massive surveillance of citizens’ telecommunications, and on occasion compelled network operators to release political dissidents’ communication data.

ACADEMIC FREEDOM AND CULTURAL EVENTS

There were no government restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association

FREEDOM OF ASSEMBLY

Although the constitution and law provide for freedom of assembly, the government occasionally banned gatherings when it concluded their political, ethnic, or religious nature might lead to unrest. Open-air religious services held away from places of worship remained prohibited in many states, due to fears they might heighten interreligious tensions. In October several northern states enacted restrictions on religious activities shortly before the Shia commemoration of Ashura. When the IMN attempted to observe Ashura, security forces seeking to enforce the restrictions killed at least 15 IMN members. In November a similar situation between the IMN and the NPF during a pilgrimage march in Kano State resulted in the death of one police officer and more than 40 IMN members.

The Same Sex Marriage Prohibition Act, a law prohibiting marriages and civil unions among persons of the same sex, criminalizes the free association of any persons through so-called gay organizations (see section 6, Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity).

In areas that experienced societal violence, police and other security services permitted public meetings and demonstrations on a case-by-case basis.

Security services continued to use excessive force to disperse demonstrators during the year (see section 1.a.).

FREEDOM OF ASSOCIATION

The constitution and law provide for the right to associate freely with other persons in political parties, trade unions, or other special interest organizations. While the government generally respected this right, on occasion authorities abrogated it for some groups. In October the government of Kaduna State proscribed the IMN, alleging the group constituted a danger to public order and peace, and ordered the arrest of IMN spokesperson Ibrahim Musa for allegedly violating the ban. As of December Musa was in hiding.

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/.

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, but security officials restricted freedom of movement at times by imposing curfews in areas experiencing terrorist attacks and ethnoreligious violence.

The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in assisting refugees and asylum seekers through the National Commission for Refugees, Migrants, and Internally Displaced Persons.

In-country Movement: The federal, state, or local governments imposed curfews or otherwise restricted movement in the states of Adamawa, Borno, and Yobe in connection with operations against Boko Haram. Other states imposed curfews in reaction to events such as ethnoreligious violence.

Police continued to conduct “stop and search” operations in cities and on major highways and, on occasion, set up checkpoints. Upon assuming office, the new inspector general of police renewed his predecessor’s order to dismantle all checkpoints. Nonetheless, many checkpoints operated by military and police remained in place.

Exile: There are no legal grounds for forced exile, and there were no examples of formal legal proceedings to exile a citizen. Some citizens chose self-exile for political reasons or for fear for their personal security.

INTERNALLY DISPLACED PERSONS

In December the International Organization for Migration (IOM) reported there were approximately 1.8 million persons displaced in the states of Adamawa, Bauchi, Borno, Gombe, Taraba, and Yobe. Insurgency was the main reasons for displacement, followed by communal clashes. The IOM estimated approximately 24 percent of IDPs lived in camps and camp-like settings and 76 percent with host families. More than half of the IDP population was female and 55 percent children under 18, 48 percent of them under five years of age. The true number of IDPs was likely much higher, as IOM’s efforts did not encompass all states and did not include inaccessible areas of the Northeast.

Food continued to be one of the IDPs’ greatest immediate needs. The United Nations reported in December that 5.1 million persons in the three northeastern states, including most IDPs, were in urgent need of food assistance. According to the Famine Early Warning Systems Network, 20 to 50 percent of children screened by October in recently accessible areas of Borno and Yobe States were acutely malnourished. According to NGOs, in Bama, Borno State, 120 IDPs died in May of starvation over the course of 10 days. In addition to food, IDPs faced shortfalls in clean water, health care, and shelter. After recognizing the severity of the crisis in the Northeast, in September the government appointed an interministerial task force to assess and revamp the response efforts of its various ministries, departments, and agencies.

IDPs, especially those in the Northeast, continued to face severe protection issues. In April UNHCR published the results of a rapid protection assessment of IDPs in camps, settlements, and host communities in Maiduguri, Dikwa, and Damboa. In Maiduguri more than half of areas surveyed reported instances of survival sex in exchange for food or freedom to move in and out of IDP camps. Nearly half of all the areas surveyed reported rapes of women and girls in their camps and communities. A report by Human Rights Watch (HRW) in October documented cases of rape and sexual exploitation of IDP women and girls committed by government officials and other authorities, including camp leaders, vigilante groups, police officers, and soldiers. The government responded quickly to HRW’s findings, indicating it had already ordered investigations into the matter. In November the inspector general of police announced establishment of a special panel to investigate all the cases reported by HRW. Shortly after, the Borno Police Command announced it had deployed 100 female police officers to IDP camps. In December the inspector general announced the arrest of two police officers, one prison warden, two CJTF members, one civil servant, and three servicemen suspected of sexual misconduct toward IDPs.

Slightly more than one-third of all sites in the UNHCR rapid protection assessment reported cases in which security services arrested and detained suspected Boko Haram members at IDP camps and in host communities; most families had not heard from the detainees since their arrest. Other protection concerns among respondents’ included attacks or bombing, lack of accountability and diversion of humanitarian aid, drug abuse, hostility and insecurity, harassment of women and girls, and lack of humanitarian assistance for host communities.

NGOs reported there were insufficient resources available to IDP victims of sexual and gender-based violence, who had limited access to safe, confidential psychosocial counseling and medical services or safe spaces. Women and girls abducted by Boko Haram, as well as the babies born as a result of rape during their captivity, faced stigmatization and community isolation.

PROTECTION OF REFUGEES

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. According to UNHCR, as of November there were approximately 1,363 refugees (including more than 1,100 urban refugees) and 440 asylum seekers. They came mainly from the Democratic Republic of the Congo, the Central African Republic, Mali, Cote d’Ivoire, Togo, Sudan, and Guinea, the majority of them living in urban areas in Lagos and Ijebu Ode, in Ogun State.

Employment: Refugees could move and work freely in the country but, like most citizens, had few opportunities for employment.

Access to Basic Services: Refugees, like citizens, had poor access to police and the courts.

Durable Solutions: The government, working with UNHCR, facilitated the voluntary repatriation of 616 Cameroonian refugees by February. It was also implementing a local integration work plan for protracted refugees.

Temporary Protection: The government provided temporary protection to a few hundred individuals who may not qualify as refugees.

Section 3. Freedom to Participate in the Political Process

The law provides citizens the ability to choose their government in free and fair periodic elections based on universal and equal suffrage and conducted by secret ballot. The constitution and law allow the free formation of political parties. As of September, 40 parties were registered with the Independent National Electoral Commission (INEC), an increase from the previous 28. The constitution requires political party sponsorship for all election candidates.

Elections and Political Participation

Recent Elections: INEC is the independent electoral body responsible for overseeing elections by regulating the process and preventing electoral misconduct. From November 2015 to August, INEC conducted 139 elections, including end of tenure and by-elections. There were allegations of malpractices in some elections, and INEC suspended 22 of them due to violence.

Many elections, such as the Ondo State gubernatorial election in November, were relatively peaceful. Significant violence and intimidation of voters and election officials by political operatives, however, marred several of the off-cycle and rerun elections. As a result, INEC postponed elections in some states.

There were several instances of INEC canceling, postponing, and rerunning gubernatorial or state legislative elections. In July INEC postponed rerun legislative elections in Rivers State. In the commission’s view, incidents of violence in several of Rivers’ LGAs, inflamed political rhetoric, and attacks against INEC facilities in the state threatened the exercise. The elections had originally taken place in 2015, but an election petition tribunal cancelled the results and ordered a rerun in response to a suit alleging intimidation of voters, unavailability of results sheets, the disappearance of electoral materials, and noncollation of results in several LGAs. According to NGO observers, serious irregularities marred the Three Rivers rerun elections in December. These included breach of the code of conduct and rules of engagement by the security forces and overt bias by electoral managers and others. There were serious cases of violence perpetrated by the NPF, NA, and DSS that resulted in several deaths. At least one police officer was killed. There was evidence of election malpractices and ballot hijacking by party agents under the watch of INEC and security agents.

Civil society organizations reported no legal restrictions on their ability to comment or observe parts of the electoral process. They reported aspects of the electoral process, however, remained opaque, allegedly because of deliberate attempts to undermine or circumvent the integrity of the process by stakeholders or because of INEC’s financial or logistical constraints. According to some civil society organizations, attempts to disenfranchise voters were on the rise through circumvention of permanent voter card procedures and targeted electoral violence. In response to some of these trends, INEC regularly cancelled votes from polling units that failed to use card readers properly.

Participation of Women and Minorities: No laws prevent women or minority members from voting, running for office, or serving as electoral monitors. There were no incidents or reports of deliberate exclusion of any group from participating in the political process. Observers attributed fewer leadership opportunities for women in major parties and government, particularly in the North, to religious and cultural barriers. Women occupied approximately 5 percent of National Assembly seats, and six of the 36 cabinet members were women. Few women ran for elected office at the national level: in 2015 just 128 women of 746 total candidates (17 percent) and 270 of the 1,772 House of Representative candidates (15 percent) were women.

Section 4. Corruption and Lack of Transparency in Government

Although the law provides criminal penalties for official corruption, the government did not implement the law effectively, and officials frequently engaged in corrupt practices with impunity. Massive, widespread, and pervasive corruption affected all levels of government and the security services. The constitution provides immunity from civil and criminal prosecution for the president, vice president, governors, and deputy governors while in office. There were numerous reports of government corruption during the year.

Corruption: The Independent Corrupt Practices Commission (ICPC) holds broad authorities to prosecute most forms of corruption. The EFCC writ extends only to financial and economic crimes. In October the ICPC had 82 prosecutions underway and 1,311 open investigations, and it had secured eight convictions between September 2015 and August. The EFCC had 66 corruption cases pending in court, had secured 13 convictions during the year, and had 598 open investigations.

Although ICPC and EFCC anticorruption efforts remained largely focused on low- and mid-level government officials, following the 2015 presidential election both organizations started investigations into and brought indictments against various current and former high-level government officials. Many of these cases were pending in court. According to both ICPC and EFCC, the delays were the result of a lack of judges and the widespread practice of filing for and granting multiple adjournments.

EFCC arrests and indictments of politicians continued throughout the year, implicating a significant number of opposition political figures and leading to allegations of partisan motivations on the part of the EFCC. In a case brought by the EFCC, in November a federal court convicted four firms allegedly used by a former aide of former president Goodluck Jonathan of laundering 1.67 billion naira ($5.3 million) in stolen funds. In its pursuit of corruption, the EFCC often did not observe all pertinent due process safeguards. In November the Economic Community of West African States (ECOWAS) Court of Justice declared unlawful the arrest and detention in November 2015 of former national security advisor Sambo Dasuki. A court had released him on bail in a case brought by the EFCC for the alleged diversion of 13.6 billion naira ($43.2 million) intended to purchase military materiel during the Jonathan administration.

In October and November, the DSS arrested several federal judges, including some Supreme Court justices, for corruption. Prominent civil society representatives denounced the arrests, alleging that as a domestic intelligence agency the DSS lacked the necessary law enforcement powers. Subsequent to their arrests, the government indicted some of the judges for various crimes, ranging from immigration violations to money laundering.

Despite the announcement in 2015 of measures to tackle rampant police corruption and the 2013 propagation of a police code of conduct, as of November there were no reports of pending corruption cases against police officers.

Financial Disclosure: The Code of Conduct Bureau and Tribunal Act (CCBTA) requires public officials–including the president, vice president, governors, deputy governors, cabinet ministers, and legislators (at both federal and state levels)–to declare their assets to the Code of Conduct Bureau (CCB) before assuming and after leaving office. The constitution calls for the CCB to “make declarations available for inspection by any citizen of the country on such terms and conditions as the National Assembly may prescribe.” The law does not address the publication of asset information. Violators risk prosecution, but cases rarely reached conclusion.

In 2015 the CCB brought charges before the Code of Conduct Tribunal–a court created by the CCBTA to try violations of that act–against Senate President Bukola Saraki for false declaration of assets. In November the tribunal adjourned the trial until 2017.

Public Access to Information: The law allows any person to request information from a government office. The office must grant access to the information, explain why access was denied within seven days of receiving the request, or transfer the request to the appropriate office within three days. By law all public offices must keep records and ensure that information, except as otherwise noted, is “widely disseminated and made readily available to members of the public through various means, including print, electronic, and online sources.” The law provides immunity for public officers against any form of civil or criminal proceeding for “disclosure in good faith of any information” pursuant to the law, except for that information covered under the criminal code, penal code, and the Official Secrets Act. This exception hinders disclosure and access to information. The law provides a 30-day period during which anyone denied access by any public institution may submit the matter to court for a judicial review. The law includes a fine of 500,000 naira ($1,590) for any institution or public officer who wrongfully denies access to information or records. Destruction of records is a felony punishable by a minimum penalty of one year’s imprisonment. Immunity from this law, however, is provided for the president, vice president, senate president, speaker of the House of Representatives, and all state governors. The law requires each public institution to submit an annual report on freedom of information requests and compliance to the attorney general and to make such information available to the public by various means; such information, however, was difficult to locate.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights

Domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials sometimes cooperated and responded to their views, but on some occasions dismissed allegations quickly without investigating the charges.

Government Human Rights Bodies: The law establishes the NHRC as an independent nonjudicial mechanism for the promotion and protection of human rights. The NHRC monitors human rights through its zonal affiliates in the country’s six political regions. The NHRC investigates allegations of human rights abuses and publishes periodic reports detailing its findings, including torture and poor prison conditions. The law provides for recognition and enforcement of NHRC awards and recommendations as court decisions.

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The Lessons of 1989: Freedom and Our Future