Panel to Probe Human Rights Violations in Ongoing Counter-Insurgency Operations in North-East Inaugurated

By Michael Mike

The Special Independent Investigative Panel on Human Rights Violations in Counter-Insurgency Operations in North-East Nigeria (SIIP North East) has been inaugurated to probe the alleged allegations by the military in the ongoing operations in the region.

The panel is headed by a retired Justice of the Supreme Court, Justice Abdu Aboki, other members include Kemi Okenyodo, Azubuike Nwankenta, Maj. Gen. Letam Wiwa (Rtd.) Dr. Maisaratu Bakari, Dr. Fatima Akilu, Halima Nuradeen and Hilary Ogbonna as the secretary.

Inaugurating the panel at the National Human Rights Commission (NHRC) Headquarters in Abuja, the Executive Secretary of the Commission, Chief Tony Ojukwu said the decision for the inauguration followed the allegations of gross human rights violations contained in the three-part report published in December 2022 on military operations in the north east by media group Reuters.

He said the National Human Rights Commission has invoked its inherent, express and incidental powers as contained in sections 5 and 6 of the NHRC Act as amended to constitute a special independent investigative panel.

He noted that the terms of reference include: Investigate allegations of gross violations of national and international human rights laws/principles alleged against the Nigerian Armed Forces in the three reports by Reuters. (Sections 5(a)(b)(j) and 6(1)(a) of the NHRC Act, 2010);
Receive memorandum from individuals and organisations with interest in the subject matter of the mandate of the SIIP North-East, especially human rights, security and humanitarian organisations working in the North-East; Make appropriate determinations as to culpability of individuals or institutions as may be deemed necessary in each circumstance. (Section 5(j) of the NHRC Act 2010).

Others include to make determination as to the damages or compensation payable in relation to any violation of human rights where it deems this necessary in the circumstances of the case (sec. 6(e) of the NHRC Act, 2010); Refer any matter of human rights violations requiring prosecution to the Attorney General of the Federation or of a State, as the case may be. (Section 5(p) of the NHRC Act, 2010); and to make recommendations to government on Institutional, Policy and Regulatory measures to be taken to integrate human rights principles and practices into military and counter-insurgency operations; Propose Remedial steps that may enhance the professional conduct of military personnel in counter-insurgency operations; and any other related issues that the SIIP North-East may be considered appropriate.

He disclosed that the SIIP North-East shall operate under the mandate of the National Human Rights Commission and shall enjoy its express and incidental powers under section 6(1) and (2) of the NHRC Act.

Ojukwu noted that membership of the panel was drawn from major professional backgrounds relating to the allegations contained in the report, which includes law and human rights, medicine and psychology, military intelligence and humanitarian affairs.

He said: “The National Human Rights Commission is honoured that these eminent Nigerians have agreed to share their time, talents and wealth of experience with the Commission. We are indeed grateful for your generosity. We want to thank the Nigerian Bar Association and the Nigerian Medical Association whose members are represented in the panel.

He added that “the allegations contained in the aforementioned reports are grievous and present a major concern to all of us in the human rights field. As I inaugurate this panel today, it is the hope of the Commission and indeed every Nigerian that this panel will work hard with all the human and other resources at your disposal to investigate and unravel the truth behind these allegations and ensure that justice is done in all appropriate cases. The Commission has given you the mandate and all necessary incidental powers to achieve the terms of reference and objectives for the establishment of this Panel. We are convinced that we have chosen the right team for this work.”

He appealed for cooperation from the state governments, the Nigerian Military, the United Nations System, international and local non-governmental organisations and the traditional and religious institutions in the North East and welcomed the pledge by the Chief of Defence Staff that the military institution will cooperate with this investigation and the subsequent deployment of a Military Liaison to the secretariat of the Panel.

He said that: “To protect human rights and ensure accountability for violations is a sacred duty which all of us as the human family have a mission to uphold.”

Responding, the Chairman of the Panel, Justice Abdu Aboki (Rtd.), expressed thanks on behalf of the members for their appointment to serve.

He said: “Protecting human rights and ensuring accountability and remedies for violations are cardinal principle of every democracy and civilised society. Human rights are God’s gift to humanity. They confer dignity to humankind and make us special beings. Their violations by any person or institutions, should be treated with all sense of justice and accountability.”

He promised that: “Our Panel will endeavour in every respect to abide by the rules of natural justice. We will be fair and just to all manner of persons who appear before us as victims, witness, respondent, Officer, Counsel and citizens. This panel has been constituted to bring justice to investigate human rights violations and bring justice to victims where appropriate. We will be guided by this throughout our sittings and will strive to do substantial justice devoid of technicalities.”

Panel to Probe Human Rights Violations in Ongoing Counter-Insurgency Operations in North-East Inaugurated