Human rights in Nigeria

Constitutional human rights

Human rights in Nigeria are protected under the current constitution of 1999. While Nigeria has made major improvements in human rights under this constitution, the American Human Rights Report of 2012 notes several areas where more improvement is needed, which includes: abuses by Boko Haram, killings by government forces, lack of social equality and issues with freedom of speech. The Human Rights Watch's 2015 World Report states that intensified violence by Boko Haram, restrictions of LGBT rights and government corruption continue to undermine the status of human rights in Nigeria. Although Nigeria has been active in signing and ratifying international human rights treaties over the years, it has seen challenges when trying to implement these treaties domestically. Nigeria operates under a dualist system and cannot apply international treaties unless they are ratified by the legislative houses in Nigeria. Furthermore, the Nigerian constitution protects civil and political rights, but international treaties like the African Charter also expand protection to cultural, socio economic, and group rights. Because the Nigerian constitution is the supreme law, the Supreme Court of Nigeria often resolves conflicts in favour of the Constitution, therefore restricting the expansion of potential human rights.

When General Ibrahim Babangida took over government in 1985 and repealed Decree No. 4 of 1984, a law that made it criminal behaviour to publish any material that was considered embarrassing or against the interests of the government, there was renewed hope for freedom of expression both by the people and the media. Within the Babangida regime, political tolerance occurred for some time. However, this brief foray into human rights broke down when the regime began jailing its critics and firing employees who did not promote their views and ideas. The Babangida regime closed down more newspapers and banned more popular organizations than any other in Nigeria's post colonial history. In 1999, freedom of expression became protected by the new Nigerian Constitution. However, defamation laws were afterwards passed. Critics maintain that though measures of freedom of the press have improved, there is still room for improvement. Nigeria was described as "partly free" in the Freedom of the Press 2011 report published by the Freedom House (see yearly rankings in Freedom House ratings in Nigeria section). On 26 April 2020, the Reporter without Borders World Press Freedom Index ranked Nigeria 115 out of 180 countries surveys. Reporters without Borders cited killing, detention and brutalisation of journalists alongside targeted attempts to shrink the civic space by the Nigerian Government as a reason for the ranking. In late September 2020, the United Nations human rights experts urged Nigerian authorities to release singer Yahaya Sharif Aminu, who was convicted and sentenced to death over an allegedly blasphemous song. U. N. Human Rights Special Procedures group claimed that a group of people burned down the singer's home on 4 March. On 4 June 2021, the Federal Government of Nigeria announced a ban on Twitter after President Muhammadu Buhari's tweet was removed by Twitter for being abusive against a specific tribe of the country and capable of inciting violence which is against the rules of engagement on the platform. This move can be seen as another infringement on the human rights and freedom of expression of Nigerians by a civilian government who swore to protect the lives of Nigerians and uphold the constitution in totality.

Nigerian security forces are frequently alleged to carry out arbitrary arrests, torture, forced disappearances, assassinations and extrajudicial summary executions. These abuses typically occur within the context of the Nigerian government's security operations or are directed against political and religious organizations and individuals. Several instances of mass killings of political opponents and agitators by security forces have been reported.

On 12–14 December 2015, the Nigerian Army carried out a massacre of 347 members of the Islamic Movement of Nigeria (IMN) in Zaria, Kaduna State and buried the bodies in mass graves. In March 2020, it was revealed that some Nigeria army soldiers took advantage of food shortages at refugee camps in Borno state and raped women at female designated "satellite camps" in exchange for granting them food. These refugee camp food shortages also resulted in the death of "thousands" of people since 2015. On 21 May 2020, two Lagos state Army deserters, Kehinde Elijah and Ezeh Joseph, were arrested for their involvement in the murder of a police sergeant on 10 May 2020. The shooters, who were afterwards taken into military custody, were also assisted by a Nigerian police officer and were wanted for "violent crimes." The wealthy are able to buy the police for security as well as expecting the police to turn a blind eye to illegal activities they participate in. On 2 August 2019, two officers of the Nigerian Police Force's Anti Cultism Squad, Insp. Ogunyemi Olalekan and Sgt. Godwin Orji, were arrested and charged with murdering a man during a raid in Lagos. On 21 August 2019, four SARS operatives were arrested and charged with murder after being caught on film manhandling and then shooting to death two suspected phone thieves in broad daylight. The two suspected phone thieves were shot dead after they had been arrested. On 3 April 2020, a Nigerian police officer was arrested for assaulting a port worker. On 18 April 2020, the Nigerian Police Force stated that two of its officers were arrested after being caught on film beating a woman at the Odo Ori Market in Iwo, Osun. On 28 April 2020, Nigerian Police Force's Rivers State Police Command arraigned former Sergeant Bitrus Osaiah in court for shooting to death his female colleague, Lavender Elekwachi, during a raid on street trading and illegal motor parks the previous week. Osaiah was dismissed as a police officer the previous day for killing Elekwachi, who also held the rank of a Sergeant. It was reported that Osaiah was in fact arrested for the killing. On 21 May 2020, Yahaha Adeshina, the Divisional Police Officer of Ilemba Hausa Division, was arresting for assisting Kehinde Elijah and Ezeh Joseph in the 10 May 2020 murder of sergeant Onalaja Onajide. In February 2019, it was reported that Nigerian police officers commonly gained extra money by extorting local residents. On 30 July 2019, three Nigeria Police Force Officers from Anambra State were arrested on charges of extorting three residents. On 10 November 2019, the Nigerian Police Force issued a statement revealing that Safer Highways Patrol officer Onuh Makedomu was arrested after being filmed accepting a bribe from a motorist in Lagos. On 9 March 2020, two Nigeria Police Force officers from Lagos, Assistant Superintendent of Police (ASP) Adebayo Ojo and Sergeant Adeleke Mojisola were both arrested on charges of extorting a woman. On 11 April 2020 another Nigeria Police Force officer from Lagos, Inspector Taloju Martins, was arrested after being caught on camera exhorting a motorist. On 3 June 2020, the Adamawa State police command announced that one of its officers was arrested for murdering a motorcycle motorist who refused to pay him a bribe. On 31 July, Peter Ebah, an inspector officer for the Nigeria Police Forces's Rivers Command, was arrested for raping a woman at a checkpoint in the Tai area of Rivers State for not wearing a face mask. As of 9 September 2020, he was still in custody for the rape. A case involving accusations that Nigeria Police Force officers in Abuja raped some of 65 women who were arrested for illicit nightclub activity in April 2019 after they refused to pay the officers bribes for their release was still ongoing as well. Amnesty International reported that at least 12 people were shot dead but, the government confirmed only two deaths in October. In November, the government admitted that there were live rounds shot in Lekki by the police. In December 2020, the government confirmed that 51 civilians, 11 police officers, and seven soldiers lost their lives in the ongoing conflict between protesters and police. Protesters are demanding police reforms, and Lekki Toll Gate has become a rallying cry for Nigerians.

On 22 October 2020, Nigerian President Muhammadu Buhari confirmed in a publicly aired address that Nigeria's controversial Special Anti Robbery Squad (SARS) had been dismantled, as a response to the demands of the widespread EndSARS protests. He also accused some members of SARS of committing "acts of excessive force" when the unit was operational. Plans were then put in place to also prosecute some former SARS members for extortion, rape, and murder. Numerous Nigerians had long accused the controversial police unit of committing acts of extortion, rape, torture and murder.

Nigeria has the label of having one of the world's highest levels of corruption. This is especially seen within the public sector including stealing public funds and accepting bribes. It is estimated that between 1999 and 2007, the country lost around $4–8 billion yearly due to corruption. Politicians often siphon public funds to further their political careers and also pay gangs to aid them in rigging elections. The elections since the end of military rule occurring in 1999, 2003, and 2007 were bloody affairs and were openly rigged. Human Rights Watch estimates that at least 300 were killed due to the 2007 elections and that is considered to be a conservative estimate as cited from a Human Rights Watch telephone interview with Derrick Marco, Nigeria country director in March 2007. These measures of violence and intimidation discouraged the general public from voting. Those who did come out were subject to attacks by hired gangs. As of January 2015, many high level politicians remain un investigated and only lower level officials are arrested. In 2015, newly elected Nigerian President Muhammadu Buhari began a major crackdown on corruption in Nigeria. Despite criticism, the Nigerian Economic and Financial Crimes Commission (EFCC) announced in May 2018 that 603 Nigerian figures had been convicted on corruption charges since Buhari took office in 2015. The EFCC also announced that for the first time in Nigeria's history, judges and top military officers including retired service chiefs are being prosecuted for corruption. By October 2020, however, even End SARS protestors alleged that Nigerian police officers, despite being known for having a long history of corruption, were by now not adequately paid and, despite protesting police brutality, called for an increase in police salaries so they could be "adequately compensated for protecting lives and property of citizens" as one of their five demands.

Forced evictions are an integral aspect of human rights violation. They comprise the forceful removal of persons without their assent and against their will on a temporary or permanent basis from their homeland, normal place of abode without clear preparations for adequate compensation and relocation. This increases the problems of displacement of individuals and homelessness in countries. Governments at different levels continue to forcefully evict people without adequate compensation in some African countries including Nigeria which is estimated to have the largest urban slum population in sub Saharan Africa in terms of size and percentage of the total population. Centre on Housing Rights and Evictions (COHRE) has labelled Nigeria as a consistent violator of housing rights. The Nigerian government forcefully evicted over 2 million people between 2000 and 2009. In Lagos State alone, between 2003 and 2015, communities in Makoko Yaba, Ijora East, Ijora Badiya, PURA NPA Bar Beach, Ikota Housing Estate, Ogudu Ori Oke, Mosafejo in Oshodi, Agric Owutu, Ageologo Mile 12, and Mile 2 Okokomaiko have been forcefully evicted under the guise of development. Between July and September 2000, at least 50,000 people in Abuja were evicted without prior notices or adequate alternative accommodation. The evictions were done to move communities/settlements who government claimed had distorted the Abuja Development Master Plan. In Lagos State, Nigeria, the forced evictions are done with the major purpose of reclaiming the land and building luxury apartments as the population of the country continue to soar creating housing deficits. However, this breeds discrimination and inequality as the new buildings do not fulfill any housing need for the general populace. In July 2016, the Lagos State Ministry of Waterfront Infrastructure Development after a notice of 72hrs forcefully evicted residents of Makoko, a waterfront community made up of six villages Oko Agbon, Adogbo, Migbewhe, Yanshiwhe, Sogunro and Apollo without a court order. This rendered an estimated 30,000 people homeless. Makoko is one of the nine communities targeted in the $200 Million World Bank funded Lagos Metropolitan Development and Governance Project (LMDGP) of the Lagos State government for urbanization, waste management, drainage and water supply. The community which has been in existent for more than 100yrs is said to have started as a settlement of fishermen from Togo and the Republic of Benin. At least 266 structures in Badia East community, Lagos State which were being used as homes and businesses were pulled down in February 2013, by the State government. The Resettlement Action Plan which was agreed to in April 2013 did not have clear cut remedies for adequate resettlement of the displaced persons. Badia is one of the communities slated for urbanization through upgrading from being a slum in the $200 million World Bank funded Lagos Metropolitan Development and Governance Project (LMDGP). The project specifies minimal involuntary resettlement and where absolutely necessary such must have been discussed and agreed on with the residents including adequate notice, compensation and well spelt out resettlement plans. Between 2016 and 2017, Otodo Gbame an ancestral fishing community and Ilubrin community were forcefully sacked from their homes with fatalities after 12 days of written eviction notice. On 17 March 2017, despite a January 2017 court injunction, Itedo, a waterfront community of more than 35,000 persons was forcefully evicted early in the morning while some were still asleep. In 2019, a UN Special Rapporteur on right to adequate housing asked that Nigerian government declares a nationwide moratorium on forced evictions. On 20 January 2020 residents of Tarkwa Bay, a waterfront community was forcefully evicted by security personnel in what has been termed a gross violation of human rights. Oil theft through the pipelines along the beach is the reason given by government authorities for the forced evictions.

Boko Haram is an Islamist terrorist group that focuses its attacks on government officials, Christians, and fellow Muslims who speak out against their actions or are thought to aid the government, known as "traitor Muslims". Attacks are primarily focused in northeast Nigeria. They cite corruption committed by the national government as well as increased Western influence as the primary reason for their often violent actions. This group engaging in jihad was banded in 2000 by the spiritual leader Mohammed Yusuf. In July 2009, there were five days of extreme violence from Boko Haram as well as with the governmental response. From 26 to 31 July, the group killed 37 Christian men and burned 29 churches. After a brief hiatus in claimed incidents, the group resurfaced in the summer of 2011 with church attacks. In October 2013, Amnesty International recommended that the Nigerian government investigate the deaths of more than 950 suspected Boko Haram members that died under military custody in the first six months of the year. In 2014, Boko Haram drew international attention from its 14 April kidnapping of approximately 230 female students from a secondary school in the northern town of Chibok, Nigeria. Boko Haram leader Abubakar Shekau claims the girls have converted to Islam and has threatened to sell them as wives or slaves to Boko Haram members at a price of $12.50 each. Boko Haram has also attacked schools in Yobe State and forced hundreds of young men to join their forces, killing those who refused. Persistent violence in northeast Nigeria in 2014 has caused the deaths of over 2,500 civilians and the displacement of more than 700,000. Boko Haram kills civilians, abducts women and girls, forcefully conscripts boys and men, and even destroys homes and schools. According to a UNICEF report, Boko Haram abducted more than 1,000 children between 2013 and 2018, including the 276 Chibok schoolgirls. More than 100 Chibok girls are yet to return home even after five years of the incidence. On 2 December 2020, Boko Haram jihadists admitted that they were behind the brutal massacre in northeast Nigeria. They slaughtered 76 farmers in Borno State. Attacks were carried out in revenge as the farmers were helping the Nigerian Army. They supported the army in the arrest of one of its brothers, Abubakar Shekau, said in a video. In a shocking development, it was reported in May, 2021 that the Boko Haram leader Abubakar Shekau has been killed by rival Ismalic state allied fighters in the northern part of Nigeria. These claims by different reporters are yet to be confirmed by the Nigerian army who released a statement saying that it is still investigating report about the death of shekau.

In May 2013, Nigeria's House of Representatives voted to pass the Same Sex Marriage Bill, which prohibits gay marriage and public displays of affection between same sex couples and allots fourteen years in prison to those engaged in same sex relationships. This bill also allows punishment for those knowingly associating with those identifying as members of the LGBT community or aiding these individuals in becoming married or pursuing that lifestyle. The punishment for abetting gay marriage is 5 years imprisonment. Furthermore, the bill criminalizes any association with gay identity and the promotion of lesbian and gay rights, such as gathering privately with gay people. The Same Sex Marriage Bill was ratified by President Goodluck Jonathan in January 2014 and has received much condemnation from the West for its restriction of the freedoms of expression and assembly for the LGBT community in Nigeria. Peter Tatchell has stated that the Same Sex Marriage Bill is "the most comprehensively homophobic legislation ever proposed in any country in the world." There has been various cases against LGBT people in Nigeria and these cases point to the fact that LGBT rights are constantly tampered in Nigeria and the Government is not interested in supporting it.

Women in Nigeria face various versions of human rights violations despite the provisions granted unto them in the 1999 Constitution. Regardless of the opportunity provided to take up unconstitutionality to higher courts in Nigeria, women do not often utilize this option and as such, there continues to be many violations occurring. Women who are involved in the informal economy can often enjoy some degree of autonomy, but men are often in control of land and credit, from a societal perspective. Depending on their connections with important men, educated women may enjoy a higher social status. Education has provided many women with access to wage labor, which is usually outside of the direct control of men, but women are often still restrained by social expectations and boundaries. Even when they have employment opportunities, tradition in Nigerian society dictates that a career be secondary to a woman's primary role in the family as a mother or housewife. Nigerian women face particular problems and injustices once they become widows. The women are subject to cultural pressures that are inconsistent with human rights. In the widowhood practice, culture demands that when a man of significance within the community dies, his widow must act in a certain way as documented by Akpo Offiong Bassey in her studies of the Cross River State. In some Nigerian tribal cultures, the woman must initially go into seclusion. They are also forced to neglect their bodies; they are not allowed to shave, shower, or change their clothing. They have to rub cow dung and palm oil on their bodies and must also sleep on the floor. Widows are also expected to wear black, the color of mourning, for two years to properly show their loss and respect for their late husband. These practices widely vary in severity and methods, based on the individual cultural backdrop. However, there has been a major decline of such practices in recent years. Apart from mourning, the widow has immediate concerns involving living situations and property to deal with. In most cases, the eldest son and not the widow inherits the entire property. This action led to widespread condemnation by different human rights activities and calls were made for them to be released and the officers prosecuted. Human rights violations also include female genital mutilation, in which Nigeria accounts for the highest absolute number worldwide, affecting 27% of Nigerian women between the ages of 15 and 49 (as of 2012). Although the practice has been banned by President Goodluck Ebele Jonathan in 2015, many communities still view it as part of their tradition or as a religious requirement; uncut women are often viewed as unclean or unmarriageable.

According to the U. S. Department of Labor, 31% of Nigerian children (around 14,000,000 children) aged 5 to 14 years old are working children who engage in forced labor in various sectors. According to the International Labor Organisation, over 15 million children in Nigeria are estimated to be child labourers. According to the Department's List of Goods Produced by Child Labor or Forced Labor, instances of child labor have been observed in the agricultural sector where children participate in the production of cocoa, cassava, and sand, and in the mining industry where they mine, quarry, and crush gravel and granite. Nigeria is characterized by many small farms that largely depend on family labor in the operations of the farm. In Nigeria, most child labor is found in the informal agricultural sector. Instead of attending school, more than 50% of children living in the rural areas of Nigeria spend more than 20 hours a week working, which is considered the point at which a child's education becomes significantly affected. Early marriage is prevalent in Nigeria, especially amongst Muslims in the north, due to the belief that early marriage prevents promiscuity. However, the major cause of early marriage has been attributed to poverty by Tim Braimah. Based on Nigeria Demographic and Health Survey (NDHS) of 2013, 58.2 per cent of Nigerian girls get married before they turn 18 years old. Moreover, from 2014 to 2020, 16% and 43% of ladies aged 15 and 18 years of age were married respectively. Many girls are married off by the time they are 15, and some girls are married as early as age 9. Girls are extremely susceptible to disease and domestic violence and are restricted access to education due to the early age at which they give birth and begin caring for their children. One popular source of legislation that was first brought forward in 1991 and became national law in 2003 is the Child Rights Act. This Act provides that in all matters involving a child, which may come before a court for adjudication; the best interest of the child is the paramount consideration. Among other factors to protect children from abuses and discrimination, Section 21 and 23 of the act made it illegal to marry off a child below the age of 18. If a husband consummates a marriage with a child, it is considered rape. The Child Rights Act competes with sharia law in some states as well as with customs and cultural expectations in different regions. The Child Rights Act has not been enacted in 13 of Nigeria's 36 states where other cultural and religious factors are largely influencing the laws that are enacted. Even in states with laws prohibiting child marriage, these laws have been ineffective since there remain many cases of child marriage. By the provisions of the Child Rights Act, any decision to be made in any proceeding before a court which involves a child; the best interest of the child is the paramount consideration.

Minority ethnic groups have been fighting for equal rights since Nigeria's independence in 1960. Many of the tensions between ethnic groups arise from Nigeria's federal system, and many minorities view the governmental structure as skewed in favor of the three major ethnic groups, the Hausa Fulani in the North, the Yoruba in the West, and the Igbo in the east. They believe that the federation is not inclusive of minorities, which leads to marginalized ethnic groups. Since Nigeria's independence, minorities have joined together to demand the formation of new states, increasing the number of states from 12 in 1967 to the current number of 36, in the attempts to reduce the regional power of dominant ethnic groups. However, this only led to the further marginalization of smaller ethnic minorities by more powerful ethnic minorities within the state. Also, the limited presence of power sharing mechanisms means that the national leadership of Nigeria has remained in the power of the majority ethnic groups.