European Asylum Support Office

EASO
Country of Origin
Information Report
Nigeria
Actors of Protection

November 2018SUPPORT IS OUR MISSION

European Asylum Support Office

EASO
Country of Origin
Information Report
Nigeria
Actors of protection

November 2018

More information on the European Union is available at: http://europa.eu.
ISBN: 978-92-9476-027-2
doi: 10.2847/855615© European Asylum Support Office (EASO) 2018
Reproduction is authorised, provided the source is acknowledged, unless otherwise stated.
For third-party materials reproduced in this publication, reference is made to the copyrights
statements of the respective third parties.
Cover photo: © Oritsetsemaye Jemide - Own work, CC BY-SA 4.0

EASO COUNTRY OF ORIGIN REPORT: NIGERIA – STATE ACTORS OF PROTECTION—3

Acknowledgements
EASO would like to acknowledge the Czech Republic, Department for Asylum and Migration Policy,
International and European Affairs Unit as the drafter of this report.
The following national asylum and migration department reviewed this report:
The Netherlands, Immigration and Naturalisation Service, Office for Country Information andLanguage Analysis (OCILA)
The following external expert reviewed this report:
Stella Amadi Odiase, Lawyer and International Development Practitioner
The following organisation reviewed the report:
ACCORD – Austrian Centre for Country of Origin and Asylum Research and Documentation
It must be noted that the review carried out by the mentioned departments, experts or organisations
contributes to the overall quality of the report, but does not necessarily imply their formal
endorsement of the final report, which is the full responsibility of EASO.

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EASO COUNTRY OF ORIGIN REPORT: NIGERIA - STATE ACTORS OF PROTECTIONEASO COUNTRY OF ORIGIN REPORT: NIGERIA – STATE ACTORS OF PROTECTION—5

Contents
Acknowledgements................................................................................................................................. 3Contents .................................................................................................................................................. 5
Disclaimer................................................................................................................................................ 7
Glossary and abbreviations ..................................................................................................................... 8
Introduction .......................................................................................................................................... 10
Methodology .................................................................................................................................... 10
Defining the Terms of Reference ................................................................................................. 10
Collecting information.................................................................................................................. 10
Quality control (peer and external review) .................................................................................. 10
Content of the report ....................................................................................................................... 10
Map ....................................................................................................................................................... 12
1. General introduction on Nigeria ....................................................................................................... 13
2. Constitution and state structure ....................................................................................................... 15
2.1 Sources of Nigerian law .............................................................................................................. 15
2.1.1 English common law............................................................................................................ 16
2.1.2 Islamic law ........................................................................................................................... 16
2.1.3 Customary law ..................................................................................................................... 16
2.2 Legislative reform ....................................................................................................................... 17
3. Nigeria Police Force .......................................................................................................................... 18
3.1 General ....................................................................................................................................... 18
3.1.1 Command (Authority) structure.......................................................................................... 19
3.1.2 Administrative structure ..................................................................................................... 19
3.1.3 Organisational structure ..................................................................................................... 19
3.2 Police capacity ............................................................................................................................ 20
3.2.1 Crime (general statistics) ..................................................................................................... 21
3.3 Police integrity ............................................................................................................................ 23
3.3.1 Corruption ........................................................................................................................... 24
3.3.2 Abuse of power, ill treatment and use of excessive force .................................................. 25
3.3.3 Oversight and legal safeguards against abuse .................................................................... 25
4. Nigerian Armed Forces...................................................................................................................... 26
4.1 General ....................................................................................................................................... 26
4.2 Capacity ...................................................................................................................................... 28

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EASO COUNTRY OF ORIGIN REPORT: NIGERIA - STATE ACTORS OF PROTECTION

4.3 Integrity ...................................................................................................................................... 29
5. Department of Public Prosecution.................................................................................................... 32
5.1 General ....................................................................................................................................... 32
5.2 Capacity ...................................................................................................................................... 32
5.3 Integrity ...................................................................................................................................... 33
6. Courts ................................................................................................................................................ 34
6.1. Federal courts ............................................................................................................................ 34
6.1.1 General ................................................................................................................................ 34
6.1.2 Capacity ............................................................................................................................... 35
6.1.3 Integrity ............................................................................................................................... 37
6.2 State courts ................................................................................................................................. 38
6.2.1 General ................................................................................................................................ 38
6.2.2 Capacity ............................................................................................................................... 39
6.2.3 Integrity ............................................................................................................................... 39
7. National Human Rights Commission (NHRC) .................................................................................... 41
7.1 General ....................................................................................................................................... 41
7.2 Capacity ...................................................................................................................................... 42
7.3 Integrity ...................................................................................................................................... 43
8. Public Complaints Commission – The Nigerian Ombudsman ........................................................... 45
8.1 General ....................................................................................................................................... 45
8.2 Capacity ...................................................................................................................................... 46
8.3 Integrity ...................................................................................................................................... 46
9. National Agency for the Prohibition of Trafficking in Persons (NAPTIP) .......................................... 48
9.1 General ....................................................................................................................................... 48
9.1.1 Appointment of the governing board ................................................................................. 48
9.1.2 Structure and staff .............................................................................................................. 49
9.2 Capacity ...................................................................................................................................... 50
9.3 Integrity ...................................................................................................................................... 51
Annex 1: Bibliography ........................................................................................................................... 53
Annex 2: Terms of Reference ................................................................................................................ 66

EASO COUNTRY OF ORIGIN REPORT: NIGERIA – STATE ACTORS OF PROTECTION—7Disclaimer
This report was written according to the EASO COI Report Methodology (2012). 1 The report is basedon carefully selected sources of information. All sources used are referenced.
The information contained in this report has been researched, evaluated and analysed with utmost
care. However, this document does not claim to be exhaustive. If a particular event, person ororganisation is not mentioned in the report, this does not mean that the event has not taken place orthat the person or organisation does not exist. Any event taking place after the finalisation of thisreport is not included.
Furthermore, this report is not conclusive as to the determination or merit of any particularapplication for international protection. Terminology used should not be regarded as indicative of aparticular legal position.
‘Refugee’, ‘risk’ and similar terminology are used as generic terminology and not in the legal sense as
applied in the EU Asylum Acquis, the 1951 Refugee Convention and the 1967 Protocol relating to the
Status of Refugees.
Neither EASO nor any person acting on its behalf may be held responsible for the use which may bemade of the information contained in this report.
The target users are asylum caseworkers, COI researchers, policymakers, and decision-making
authorities.
The drafting of this report (including reviewing) was finalised on 5 October 2018. Any event taking
place after this date is not included in this report. More information on the reference period for thisreport can be found in the methodology section of the Introduction.

1 The EASO methodology is largely based on the Common EU Guidelines for processing Country of Origin Information, (COI),
2008, and can be downloaded from the EASO website: url

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EASO COUNTRY OF ORIGIN REPORT: NIGERIA - STATE ACTORS OF PROTECTION

Glossary and abbreviations
AI

Amnesty International

CAS

Chief of the Air Staff

CJTF

Civilian Joint Task Force

CTU

Counter Terrorism Unit

DFAT

Department of Foreign Affairs and Trade (Australia)

DPP

Department of Public Prosecution

FCT

Federal Capital Territory (Abuja)

FEWS

Famine Early Warnings Systems

FJSC

Federal Judicial Service Commission

FMoH

Federal Ministry of Health

FOC

Flag Officer Commanding

HAGF

Honourable Attorney General of the Federation

Hadd (hudud) Sharia-based penal code offences and punishments
IDPs

Internally Displaced Persons

IGP

Inspector General of Police

IMN

Islamic Movement in Nigeria

MDAs[federal] Ministries, Departments, and Agencies

MEND

Movement for the Emancipation of the Niger Delta

MOPOL

Mobile Police

NAF

Nigerian Armed Forces

NAPTIP

National Agency for Prohibition of Traffic in Persons (and Other Related Matters)

NASOC

Nigerian Army Special Operations Command

NBS[Nigeria’s] National Bureau of Statistics

NJC

National Judicial Council

NJI

National Judicial InstituteNGO

Non-Governmental Organisation

NHRC

Nigeria´s National Human Rights Commission

NLRC

Nigerian Law Reform Commission

NN

Nigerian NavyEASO COUNTRY OF ORIGIN REPORT: NIGERIA – STATE ACTORS OF PROTECTION

NPF

Nigeria Police ForceOSAC

US Overseas Security Advisory Council

PCC

Public Complaints Commission

PDSS

Police Duty Solicitor Scheme

PMF

Police Mobile Force

PSC

Police Service Commission

SARS

Special Anti-Robbery Squad

SPU

Special Protection Unit

TRADOC

Training and Doctrine Command

UNODC

United Nations Office on Drugs and Crime

US DoS

United States Department of State

—9

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EASO COUNTRY OF ORIGIN REPORT: NIGERIA - STATE ACTORS OF PROTECTION

Introduction
This report was drafted by Country of Origin Information (COI) specialists from the COI unit listed
under the Acknowledgements section.
The purpose of this report is to provide an overview of the functionality of the administration of
Nigeria, identified as central from a citizen’s perspective, that is, the official institutions that constitutethe ultimate guarantee for the individual’s possibility to exercise his or her rights. In this context thetraditional justice and security system, i.e. police and armed forces, prosecution service and courts,
the National Human Rights Commission, the ombudsman institution (Public Complaints Commission)and NAPTIP have been identified as central actors.
There are other institutions operating in the sphere of the Nigerian security and justice sector that fillimportant roles, e.g. the Department of State Services (DSS)/State Security Services (SSS), the National
Intelligence Agency or the Defence Intelligence Agency. As these institutions may not constitutepotential state actors of protection regarding assuring safety and guaranteeing rights, they were
excluded from this report.
The terms of reference can be found in Annex 2.

Methodology
Defining the Terms of Reference
A core set of parameters was defined in the terms of reference to answer questions on general
information, capacity and integrity of each actor of protection in Nigeria.
Members of the EASO COI Specialist Network on West Africa and of the EASO Country Guidance
Network gave input on the terms of reference that were finalised during a preparatory meeting inMarch 2018 taking all the inputs into account.

Collecting information
The information is a result of desk research of public, specialised paper-based and electronic sources
until 15 August 2018. As a result of the quality control process (see below) some additional
information was included in response to feedback received during the respective reviews, until
5 October 2018.
As a general indication, the time frame for collecting information was the period from 2015 onwards.

Quality control (peer and external review)
In order to ensure that the authors respected the EASO COI Report Methodology, a review was carriedout by COI specialists from the countries and organisations listed as reviewers in the
Acknowledgements section. In addition, a review of the report was carried out by Stella Amadi Odiase,and ACCORD (Austrian Centre for Country of Origin and Asylum Research and Documentation
Research Consultancy). All comments made by the reviewers were taken into consideration and mostof them were implemented in the final draft of this report. EASO performed the final quality review
and editing of the text.

Content of the report
This report provides information on elements and indicators that may help assessing the availabilityof state protection in Nigeria.

EASO COUNTRY OF ORIGIN REPORT: NIGERIA – STATE ACTORS OF PROTECTION— 11

Chapter 1 provides a general introduction to Nigeria.
Chapter 2 provides information on the Nigerian Constitution and on the state’s structure.
Chapters 3 to 9 identify the relevant state actors of protection in Nigeria:
•
•
•
•
•
•
•

Nigerian Police Force;
Nigerian Armed Forces;
Department of Public Prosecution;
Courts;National Human Rights Commission;
Public Complaints Commission – The Nigerian Ombudsman;
National Agency for the Prohibition of Trafficking in Persons (NAPTIP).

Simultaneously to this report on State Actors of Protection in Nigeria, EASO also published reports on
the Security Situation, Targeting of individuals, and Key Socio-economic Indicators. All reports were
published in November 2018 and publicly available on the EASO COI Portal. 2 Where relevant, in thisreport, reference to these reports have been included for further reading and more detailed
information.

2 EASO, COI report Nigeria, Targeting of individuals, November 2018, url; EASO, COI report Nigeria, Key-socio-economic

indicators, November 2018, url; EASO, COI report Nigeria, Security situation, November 2018, url12 —EASO COUNTRY OF ORIGIN REPORT: NIGERIA - STATE ACTORS OF PROTECTION

Map

Map 1: Nigeria, United Nations © 3

3 UN, Map No 4228, August 2014, url

EASO COUNTRY OF ORIGIN REPORT: NIGERIA – STATE ACTORS OF PROTECTION— 13

1. General introduction on Nigeria
Nigeria is a Federal Presidential Republic. It is divided into 36 states, and Abuja, which has the status
of Federal Capital Territory (FCT). 4 The 36 states and the FCT are grouped into six geopolitical zones(see map below):
•
•
•
•
•
•

North Central (7 states): Niger, Kogi, Benue, Plateau, Nassarawa, Kwara and FCTNorth East (6 states): Bauchi, Borno, Taraba, Adamawa, Gombe and Yobe
North West (7 states): Zamfara, Sokoto, Kaduna, Kebbi, Katsina, Kano and Jigawa
South East (5 states): Enugu, Imo, Ebonyi, Abia and Anambra
South South (6 states): Bayelsa, Akwa Ibom, Edo, Rivers, Cross River and Delta
South West (6 states): Oyo, Ekiti, Osun, Ondo, Lagos and Ogun

Map 2: @DFAT 2018 5

4 CIA Factbook – Nigeria, last updated 18 September 2018, url

5 Australia, DFAT, Country Information Report Nigeria, 9 March 2018, url , p. 2

14 —EASO COUNTRY OF ORIGIN REPORT: NIGERIA - STATE ACTORS OF PROTECTION

Nigeria is the most populated country in Africa, with an estimated population of 193 million people(data 2016). 6 The country has a population growth rate of 2.61 %. The total area is 923 768 km2, andthe population density is 212/km2. 7
Nigeria is a highly diverse country with regards to ethnic groups and languages. There are more than
250 ethnic groups of which the largest groups are: Hausa/Fulani 29 %, Yoruba 21 %, Igbo (Ibo) 18 %,Ijaw 10 %, Kanuri 4 %, Ibibio 3.5 %, Tiv 2.5 % 8, Edo/Bini 2 % 9. The main languages (of the 519 living
languages in the country) spoken include English, pidgin English, Hausa, Yoruba, Igbo, Fulani, Ijaw. 10
In the north, the main ethnic groups are Hausa and Fulani, and several other groups such as Kanuri (inthe north-east). The Middle Belt has many smaller, differing but related groups. Nigeria’s south isdivided into a Yoruba-speaking area in the west and an Igbo-speaking area in the east. The main groupin the Niger Delta are the Ijaw although there are several other smaller ethnic groups. 11 See the map
above with the six zones and the main ethnic groups.
The religious adherence of the population is nearly equally divided between Christians and (Sunni)
Muslims. According to a 2010 survey, the percentages of Muslims and Christians were 48.8 %respectively 49.3 % of the population, while 1.9 % was mainly composed of ‘either practitioners ofindigenous religions or no affiliations’. 12
The economy largely relies on agriculture, trade, and oil production. 13

6 Nigeria, NBS, Population of Nigeria 2016, available at: url

7 World Population Review, Nigeria population 2018 (estimate), n.d., url

8 CIA Factbook – Nigeria, last updated 18 September 2018, url; Worldatlas, Largest Ethnic Groups in Nigeria, 25 April 2017,url
9 Encyclopaedia Britannica, Edo People, 29 August 2018, url
10 Ethnologue, Nigeria, Languages, url
11 Minority Rights Group International, Nigeria, updated January 2018, url
12 Pew Research Centre, Global Religious Futures Projects – Nigeria, 2010, url. The CIA Factbook gives the following
percentages: Muslim 50%, Christian 40%, indigenous beliefs 10%. CIA Factbook – Nigeria, last updated 18 September 2018,url
13 CIA Factbook – Nigeria, last updated 18 September 2018, url. For more information, see EASO, COI report Nigeria, Keysocio-economic indicators, November 2018, url

EASO COUNTRY OF ORIGIN REPORT: NIGERIA – STATE ACTORS OF PROTECTION— 15

2. Constitution and state structure
Nigeria gained independence from the United Kingdom on 1 October 1960. The country has had
several constitutions, with the current one being adopted in 1999 and amended several times since.
The country operates a presidential system of government with three distinct but complementarybranches: the executive, the legislative, and the judiciary. The president and bicameral parliament are
directly elected. 14
Administratively, Nigeria is a federal republic formed by 36 states and the Abuja FCT (Federal Capital
Territory) 15, and divided into six geopolitical zones (North West, North Central, North East, South
West, South East and South South). 16 The geopolitical zones however do not have a constitutional
basis, but were created by late General Sani Abacha in 1995. 17
President Major General (retired) Muhammadu Buhari serves both as head of state and head ofgovernment, while Oluyemi ‘Yemi’ Osinbajo serves as Vice President (both since 29 May 2015). The
cabinet is a federal executive council appointed by the president. 18
Nigeria´s bicameral parliament, the National Assembly, consists of the Senate (109 seats – three eachfor the 36 states, and one for Abuja) and the House of Representatives (360 seats). Its members areelected directly in single-seat constituencies by a simple majority vote to serve four-year terms. 19
Even though Nigeria operates a federal system of government, the Constitution vests a lot of powerin the central government when it comes to the control of public good and services as well as the
management of the country’s resources. 20 As a result, the states are mostly reliant on the federal
government for policy direction and also for federal funding to run the respective states.21

2.1 Sources of Nigerian law
Nigeria´s legal system is a mixed system based on English common law, Islamic law (applied in 12
northern states), and customary law 22, with other sources being the Constitution, legislation, andjudicial precedent. Each state as well as the Abuja FCT has its own law-making organ (the House of
Assembly) and legal system. 23 One source describes the Nigerian legal system as ‘thirty six (36)separate, independent, interacting and geographically bound legal systems co-existing within aconstitutional framework that also accommodates a set of federal laws applicable to all the Statesacross board.’ 24
The country´s apex court is the Supreme Court, consisting of the Chief Justice and 15 justices.
Subordinate courts are: the courts of appeal (72 across the 6 geopolitical zones); the Federal High
Court (1 in each state); the State High Courts in each state and the Federal Capital Territory; the Sharia

14 CIA, World Factbook – Nigeria, last updated 7 August 2018 url

15 CIA, World Factbook – Nigeria, last updated 7 August 2018, url

16 Nigerian Tribune, Of Nigeria´s major ethnic groups, geopolitical zones, 30 October 2017, url; The Eagle Online, Constitution:

Six Geopolitical Zones divide North, South, 12 August 2012, url
17 Nigerian Tribune, Of Nigeria´s major ethnic groups, geopolitical zones, 30 October 2017, url
18 CIA, World Factbook – Nigeria, last updated 7 August 2018, url
19 CIA, World Factbook – Nigeria, last updated 7 August 2018, url
20 Nigeria, Constitution of the Federal Republic of Nigeria, 1999, n.d. url
21 Nigeria, Constitution of the Federal Republic of Nigeria, 1999, n.d. url
22 CIA, World Factbook – Nigeria, last updated 7 August 2018 url
23 Nigeria – Constitution Development and Legal Complex, 7 March 2018, url; Yemisi Dina et al. UPDATE: Guide to Nigerian
Legal Information, November/December 2015, url
24 Nigeria – Constitution Development and Legal Complex, 7 March 2018, url

16 —EASO COUNTRY OF ORIGIN REPORT: NIGERIA - STATE ACTORS OF PROTECTION

Court of Appeal of the Federal Capital Territory, and the Customary Court of Appeal of the Federal
Capital Territory. The state court system is similar in structure to the federal system. 25 Every state has
its own high court, election tribunals and an election appeal tribunal. A Sharia court of appeal and acustomary court of appeal are present in any state which requires either of them. 26

2.1.1 English common law
English law embedded in the Nigerian legal system includes the common law, the doctrines of equity,
statutes of general application in force in England as of 1 January 1900, statutes and subsidiarylegislation on specified matters, and English law statutes made before 1 October 1960, which extend
to Nigeria and have not yet been repealed. 27

2.1.2 Islamic law
Islamic law (Sharia) is based on the Islamic religion and the Quran as its primary source, and ‘wasintroduced into Nigeria by its practitioners as a consequence of a successful process of Islamization.’
In Nigeria’s southern states where Islamic law exists, it has been integrated into the customary law
and has always been treated as an aspect of it. In northern states with a Muslim-majority population,
Islamic law has been administered as a separate and distinct system since 1956. 28
The constitution stipulates the jurisdiction of Sharia courts in civil proceedings involving questions ofIslamic personal law. These provisions are listed in Articles 262 and 277. 29 According to the Australian
Department of Foreign Affairs and Trade (DFAT), ‘non-Muslims are not required to have their cases
heard by sharia courts, but they may choose to do so, if the dispute involves a Muslim’, and ‘some
non-Muslims opt to have their cases heard in sharia courts, which are generally considered cheaperand quicker than civil courts’. 30 The Sharia-based penal code provides for hadd (or plural: hudud)
offences and punishments, including caning, amputation, and death by stoning. 31
Sharia law is applied in the 12 northern states of Nigeria: Bauchi, Bomo, Gombe, Jigawa, Kaduna, Kano,
Katsina, Kebbi, Niger, Sokoto, Yobe and Zamfara. 32 These states have established Sharia courts, which
are detailed in Section 6.2.

2.1.3 Customary law
Traditionally, customary law is divided into ethnic / non-Muslim law on the one hand, and Muslim law/ Sharia on the other. Ethnic customary law is the indigenous law that applies to members of thedifferent ethnic groups. Each ethnic group in Nigeria has its own variety of customary law that reflects
its culture, customs, values and habits. Customary law is particularly dominant in the area of personaland family relations (e.g. marriage, divorce, guardianship and custody of children and succession),
although due to the differences in the customary laws of various ethnic groups, this must not be taken
for granted, and differences can be observed even within a single ethnic group. 33 Customary courts
function in most of the 36 states.34

25 CIA, World Factbook – Nigeria, last updated 7 August 2018, url
26 Nigeria, Federal High Court, The Judiciary in Nigeria, n.d. url

27 Yemisi Dina et al., UPDATE: Guide to Nigerian Legal Information, November/December 2015, url
28 Yemisi Dina et al., UPDATE: Guide to Nigerian Legal Information, November/December 2015, url
29 Nigeria, Constitution of the Federal Republic of Nigeria, 1999, n.d. url

30 Australia, DFAT Country Information Report Nigeria, 9 March 2018, url, p. 31

31 Australia, DFAT Country Information Report Nigeria, 9 March 2018, url, p. 30; US DoS, Country Report on Human Rights

Practices 2017 – Nigeria, 20 April 2018, url, p. 6
32 ConstitutionNet, Sharia and the Nigerian Constitution: Strange Bedfellows?, 16 April 2015, url
33 Yemisi Dina et al., UPDATE: Guide to Nigerian Legal Information, November/December 2015, url
34 US DoS, Country Report on Human Rights Practices 2017 – Nigeria, 20 April 2018, url, p. 13

EASO COUNTRY OF ORIGIN REPORT: NIGERIA – STATE ACTORS OF PROTECTION— 17

Ethnic customary law is ‘unwritten, uncertain, difficult to ascertain’, ‘flexible, and has the capacity toadapt to social and economic changes without losing its character.’ It is usually enforced in customary
courts, which occupy the bottom levels of the hierarchy of courts, and are in most cases presided overby non-legally trained personnel. Higher courts are however equally permitted to observe and to
enforce the observance of rules of customary law by their enabling laws. Most causes dealt with bycustomary courts, especially in South Western Nigeria, are matters relating to the dissolution of
traditional marriages. 35

2.2 Legislative reform
Legislative reform in Nigeria is spearheaded by the Nigerian Law Reform Commission (NLRC), which isthe sole agency entrusted with this responsibility. 36 The NLRC was established in 1979 by the Nigerian
Law Reform Commission Act and reviews all federal laws. Amongst other duties, it can primarily either
submit its own proposals for examination of laws for potential reform, or receives and considers
proposals for legislative reform which may be made by or referred to it by the Attorney General of theFederation, and potentially act upon those. 37 The Act itself is in the process of being amended by three
House of Representatives bills (HB 460, HB 655 and HB 923). In June 2018, the bills were before theHouse Committee on Justice. 38
The NLRC undertakes a law revision exercise, usually every 10 years, so that laws can be amended,
repealed, and new ones enacted. The current exercise covers all federal laws in the country, including
those enacted after 2002 to date, those inadvertently omitted in the 2004 Laws of the Federation,
laws repealed by later laws or by courts of competent jurisdiction, and the 663 laws contained in Lawsof the Federation 2004. 39 In January 2018, the Senate passed Revised Edition (Laws of the Federation)
Bill, 2018 (SB 391), which ‘seeks to make comprehensive provision for the periodic revision of the Lawsof the Federation of Nigeria by the Nigerian Law Reform Commission.’ 40
According to its Chairman, the NLRC struggles with inadequate funding for research and poor
remuneration for the staff. 41

35 Yemisi Dina et al, UPDATE: Guide to Nigerian Legal Information, November/December 2015, url

36 This Day, Nigeria: 'Reforming Our Laws a Problem, Implementation a Greater Challenge', 14 July 2015, url
37 Nigerian Law Reform Commission Act, 1979 url; NLRC, Functions of the Commission, n.d., url

38 PLAC, Factsheet on a bill for an Act to amend the Nigerian Law Reform Commission Act, June 2018, url
39 Vanguard, Law reform will bring our law in tandem with current realities, 5 April 2018, url
40 PLAC, Senate Passes the Law of the Federation Bill, 2018, 18 January 2018, url

41 Vanguard, Law reform will bring our law in tandem with current realities, 5 April 2018, url

18 —EASO COUNTRY OF ORIGIN REPORT: NIGERIA - STATE ACTORS OF PROTECTION

3. Nigeria Police Force
3.1 General
The Nigeria Police Force (NPF) is the principal law enforcement agency in the country. The Nigerian
constitution, specifically Article 214, prohibits state and local governments from forming their own
forces 42, and as such the NPF is a federal unit. However, state governors may direct federal police for
local emergency actions. 43
Some of Nigeria´s northern states which practice Islamic law utilise religious police units known as
Hisbah, responsible for enforcing Sharia law, supplementing the regular police force or providing
social services. 44 Article 214 of the constitution provides: ‘There shall be a police force for Nigeria,
which shall be known as the Nigeria Police Force, and subject to the provisions of this section no otherpolice force shall be established for the Federation or any part thereof.’ The Hisbah is not recognisedby the Constitution as law enforcement officers. 45
The states utilising Hisbahs are Kano, Zamfara, Bauchi, Kaduna, Katsina, Gombe, and Borno (where it
exists only on paper). However, the Hisbahs in each state are unique and significant differences exist
between them, with the character of individual Hisbahs determined by a number of factors. Their
powers do not reach across the entire country but are limited to the states that have adopted the
Sharia. 46 For more information on Hisbahs, see EASO COI report Nigeria, Targeting individuals,
October 2018, Section 2.5.3.
According to Interpol, the strength of the NPF is more than 350 000 men and women covering all 36
Nigerian states and the federal capital territory, Abuja. 47 Another source reported 371 800 officers 48,
while the current Inspector General of Police (IGP) himself, Ibrahim Idris, mentioned in April 2017 thenumber of police officers being ‘only over 300 000’. 49 He also revealed that the NPF was overstretchedand far below the United Nations’ 1:400 police-population ratio. 50 The official crime statistics from
June 2018 list the NPF’s total strength at 22 484 senior officers and 259 406 inspectors/rank and file. 51
According to the Australian DFAT, ‘the NPF suffers from low capacity and insufficient training. In
addition, the centrally controlled nature of the NPF ensures resources and changes in operatingprocedures are slow to reach all corners of the country.’ 52
In November 2017, the World Internal Security and Police Index International (WISPI), rated the
Nigeria police force as the ‘worst’, in terms of its ability to handle internal security challenges, out of
127 countries assessed. 53

42 Nigeria, Constitution of the Federal Republic of Nigeria, 1999, n.d., url, s. 214 (1); ACAPS, Nigeria Country Profile – Security

Forces, 2 May 2018, url; Australia, DFAT Country Information Report Nigeria, 9 March 2018, url, p. 29;
43 ACAPS, Nigeria Country Profile – Security Forces, 2 May 2018, url
44 Premium Times, Sokoto govt denies disbanding Sharia police after governor daughter’s wedding raid, 9 January 2017, url;
USCIRF, Country Reports: Tier 1 Countries, (Recommended for CPC Designation): Nigeria, April 2018, url
45 Nigeria, Constitution of the Federal Republic of Nigeria, 1999, n.d., url, s. 214 (1)46 NSRP, Sharia implementation in Northern Nigeria Over 15 Years, October 2016, url, p. 5
47 Interpol, Nigeria, The Nigerian Police Force, n.d., url
48 Australia, DFAT Country Information Report Nigeria, 9 March 2018, url, p. 29
49 Sahara Reporters, Despite Buhari´s Order, Police Still Attached To Dignitaries, 23 April 2017, url
50 Sahara Reporters, Despite Buhari´s Order, Police Still Attached To Dignitaries, 23 April 2017, url
51 Nigeria, NBS, Crime Statistics: Reported Offences by Type and State (2017, June 2018, url, pp. 132-133
52 Australia, DFAT Country Information Report Nigeria, 9 March 2018, url, p. 29
53 IPSA, World Internal Security and Police Index 2016, url

EASO COUNTRY OF ORIGIN REPORT: NIGERIA – STATE ACTORS OF PROTECTION— 19

The duties, powers, organisation, and functioning of the NPF are regulated by the Police Act of 1967.
Part II of the Act stipulates the following general duties of the police:‘The police shall be employed for the prevention and detection of crime, the apprehension of
offenders, the preservation of law and order, the protection of life and property and the due
enforcement of all laws and regulations with which they are directly charged, and shallperform such military duties within or outside Nigeria as may be required of them by, or under
the authority of this or any other Act.’ 54
Three different structures can be identified within the NPF: the Command (Authority) Structure, theAdministration Structure, and the Organisation Structure. 55

3.1.1 Command (Authority) structure
In accordance with section 215 of the 1999 Constitution, Section 6 of the 1967 Police Act provides
that the Police Forces shall be commanded by an Inspector General of Police who is directly appointed
by the president. Although not specifically mentioned in the constitution, according to Section 7(1) of
the Police Act the Deputy Inspector General of Police is the second in command of the NPF and shallso act for him in the Inspector General’s absence. 56 Third in line is the Office of the Assistant InspectorGeneral, who shall act for the Inspector General of Police in the event of the absence of both theInspector-General of Police and Deputy Inspector General of Police. Fourth in command is a
Commissioner of Police who is in charge of contingents of the NPF stationed in a state. 57
Apart from the top four ranks mentioned above, the NPF knows 11 other ranks which canhierarchically be ranked in the following way: the Deputy Commissioner of Police, the AssistantCommissioner of Police, the Chief Superintendent of Police, the Superintendent of Police, the Deputy
Superintendent of Police, the Assistant Superintendent of Police, the Inspector of Police, Sergeant
Major, Sergeant, Corporal, and Constable. 58

3.1.2 Administrative structure
The Nigeria Police is administratively structured and divided into nine departments with eachdepartment charged with specific duties. The departments are as follows: Finance and Administration;
Operations; Logistics and Supply; Investigation; Training; Research and Planning; Information andCommunication; Force Intelligence Bureau, and Force Secretary. 59

3.1.3 Organisational structure
The NPF is structured in line with the geopolitical structure of the country, with provisions forsupervisory formations. From the top down, the organisational structure of the Police Force is as such:
Force Headquarters, Zonal Headquarters, State Commands Headquarters, Divisional Police
Headquarters, Police Station, Police Post, Village Police Post. 60
According to an Open Society Institute report published in 2010, there are 12 zone commands, eachof which is headed by an Assistant Inspector General (AIG) of Police. The individual zone commands
are 61:54 Police Human Rights Resources, Police Act, 1967, url, Section 4

55 Nigeria, Nigeria Police Force, The Structure of the Nigeria Police Force, n.d., url

56 Nigeria, Nigeria Police Force, The Structure of the Nigeria Police Force, n.d., url; Nigeria, Constitution of the Federal

Republic of Nigeria, 1999, n.d., url
57 Nigeria, Nigeria Police Force, The Structure of the Nigeria Police Force, n.d., url
58 Nigeria, Nigeria Police Force, The Structure of the Nigeria Police Force, n.d., url
59 Nigeria, Nigeria Police Force, Website, n.d., url
60 Nigeria, Nigeria Police Force, The Structure of the Nigeria Police Force, n.d., url
61 Open Society Institute, Criminal Force, May 2010 url, p. 39

20 —EASO COUNTRY OF ORIGIN REPORT: NIGERIA - STATE ACTORS OF PROTECTION

Zone 1: Kano, Katsina, and Jigawa States, with HQ in Kano;
Zone 2: Lagos and Ogun States, with HQ in Lagos;
Zone 3: Adamawa, Gombe, and Taraba States with HQ in Yola (Adamawa State);
Zone 4: Benue, Nassarawa, and Plateau States, with HQ in Makurdi (Benue State);
Zone 5: Bayelsa, Delta, and Edo States, with HQ in Benin (Edo State);
Zone 6: Cross River, Ebonyi, Rivers, and Akwa Ibom States, with HQ in Calabar (Cross River State);
Zone 7: Federal Capital Territory, Kaduna, and Niger States, with HQ in Abuja (FCT);
Zone 8: Ekiti, Kogi, and Kwara States, with HQ in Lokoja (Kogi State);
Zone 9: Abia, Anambra, Enugu, and Imo States, with HQ in Umuahia (Abia State);
Zone 10: Kebbi, Sokoto, and Zamfara States, with HQ in Sokoto (Sokoto State);
Zone 11: Ondo, Osun, and Oyo States, with HQ in Oshogbo (Osun State);
Zone 12: Bauchi, Borno, and Yobe States, with HQ in Bauchi (Bauchi State).
Several specialised units can be found within the NPF, such as the Border Patrol, Bombs Disposal
Squad, Ports Authority Police, and the Special Anti-Robbery Squad (SARS).62
The NPF also has a paramilitary rapid deployment unit known as the Police Mobile Force (PMF) or
Mobile Police (MOPOL). 63 According to police regulations, ‘a police mobile force shall be establishedand maintained to act as a police striking force in the event of riots or other serious disturbances
occurring within the Federation.’ 64 There are presently 12 MOPOL commands and 52 police squads
which are spread amongst 36 state commands and the Federal Capital Territory (FCT). 65
The NPF can be contacted by phone using the Nigerian general emergency numbers or the official
Nigerian police help lines and emergency contact phone numbers of all the 36 states. 66

3.2 Police capacity
The NPF is generally considered to be unable to perform its duties in a proper and efficient manner.
Numerous sources mention its lack of sufficient funding, suitable manpower, proper equipment,
appropriate and adequate training, welfare packages, and government support on its side. 67 As such,
most Nigerians ‘do not perceive it as an effective law enforcement body and have little faith in thecriminal justice system.’ 68 Underfunding in particular is a phenomenon which dates back to the era ofmilitary rule in Nigeria (1960-1999). 69 The NPF´s centrally controlled nature leads to resources and

62 Open Society Institute, Criminal Force, May 2010, url, p. 40
63 Open Society Institute, Criminal Force, May 2010, url, p. 41

64 Police Human Rights Resources, Police Act, 1967, url, section 25

65 Oyemwinmina, C, Aibieyi, S, Analysis towards Effective Policing in Nigeria, 2016, url, p. 64

66 Nigerian Infopedia, Official Nigeria Police Help Lines and Emergency Phone Numbers, 3 June 2018, url

67 Adegoke, N, The Nigeria Police Force and the Challenges of Security in Nigeria, December 2014, url, p. 23; Adegoke, N,

Factors Influencing Nigerian Police Performance, June 2014, url, pp. 17-18; NOI Polls, The Nigeria Police has performed
averagely since the current IGP took over office, 18 February 2013, url; Obarisiagbon, E. I. and Omagie, M., Public Perceptionof the Role of the Nigeria Police Force in Curbing the Menace of Kidnapping in Benin Metropolis, March 2018, url, p. 68;
OSAC, Nigeria 2017 Crime and Safety Report: Lagos, 7 April 2017, url; Osayande, P.B.O., Factors Inhibiting Police Performancein Nigeria, August 2008, url; Sahara Reporters, The Conditions Of Nigeria's Police Force, 7 November 2011, url
68 OSAC, Nigeria 2017 Crime and Safety Report: Lagos, 7 April 2017, url
69 Agbiboa, D. E., Protectors or Predators?, 10 December 2013, url, p. 15

EASO COUNTRY OF ORIGIN REPORT: NIGERIA – STATE ACTORS OF PROTECTION— 21changes in operating procedures reaching all corners of the country slowly. 70 According to one source,
there are no crime laboratories and facilities to process evidence in Nigeria. 71
In line with the above-mentioned information, a recent study mentions that there is presently little orno training for the NPF and where it does exist, it is ‘very poor’ as police officers ‘are not thoroughly
exposed to modern policing’. 72
A 2014 study on the NPF’s performance in crime prevention and control points out that criticism of
the Nigerian police generally centres on ‘the quality of the police personnel, their ineffectiveness andinefficiency in carrying out their tasks especially in preventing and controlling crime, manpower
shortages, poor police attitudes and response to citizens’ lack of essential police equipment andfacilities and constant conflict and tension between the police and the citizenry’, with another major
point of criticism being widespread organised corruption (see below). 73
Nigeria is not only lacking enough police officers, but ‘almost half of them are responsible forprotecting VIPs such as politicians, businessmen and other wealthy individuals’. 74 In the Boko Haramaffected Lake Chad region for example, the gap in state presence has made it necessary to rely on
vigilantes. 75
Due to overall poor police performance and their lack of presence, ‘criminal groups do not fear arrestor prosecution for their crimes.’ 76 In some cases, it has even been discovered that the police aid
criminals. 77 Adding to this is the fact that ‘local police and neighbourhood associations, including
vigilante groups, generally do not deter or disrupt crimes and seldom apprehend or detain suspects.’ 78
Some citizens therefore appear to welcome the development of the private security sector in the
country, although at the same time the need is stressed for its supervision by the police/government
to prevent abuse of power. 79 As a result of vigilante justice, crime perpetrators are often beaten or
burned to death by mobs before police arrive. 80

3.2.1 Crime (general statistics)
The National Bureau of Statistics (NBS) reported that in 2016, a total of 125 790 offence cases werereported. The highest number of cases and highest and lowest percentage share of total cases can beseen in the table below 81:
Highest number of cases (2016)
Type of offence

Number of cases

Offence against property

65 397

Offence against persons

45 554

Offence against lawful authority

12 14470 Australia, DFAT Country Information Report Nigeria, 9 March 2018, url, p. 29
71 OSAC, Nigeria 2017 Crime and Safety Report: Lagos, 7 April 2017, url

72 Obarisiagbon, E.I. et al., Public Perception of the Role of the Nigeria Police Force in Curbing the Menace of Kidnapping in
Benin Metropolis, March 2018, url, p. 68
73 Karimu, O.O., Nigeria Police Force Performance in Crime Prevention and Control, September 2014, url, p. 82
74 DW, Nigeria fails to protect schools from Boko Haram's attacks, 25 February 2018, url
75 Mahmood, O.S. et al., Responses to Boko Haram in the Lake Chad Region, July 2018, url, p. 3
76 OSAC, Nigeria 2017 Crime and Safety Report: Lagos, 7 April 2017, url
77 Sahara Reporters, ‘Arrow’ And Ex-Policeman — Two ‘Key’ Offa Bank Robbers Arrested By Police, 21 May 2018, url
78 OSAC, Nigeria 2017 Crime and Safety Report: Lagos, 7 April 2017, url
79 Karimu, O.O., Nigeria Police Force Performance in Crime Prevention and Control, September 2014, url, p. 86
80 The Economist, Suspects are beaten up and burned by “jungle justice” vigilantes, 24 December 2016, url; OSAC, Nigeria
2017 Crime and Safety Report: Lagos, 7 April 2017 url
81 Nigeria, NBS, Crime Statistics: Reported Offences by Type and State, 2016, June 2017, url, p. 1

22 —EASO COUNTRY OF ORIGIN REPORT: NIGERIA - STATE ACTORS OF PROTECTION

Local acts

2 695
Highest percentage share of total cases (2016)
State

Percentage

Number of cases

Lagos State

36.08 %

45 385

FCT Abuja

10.48 %

13 181

Delta State

6.25 %

7 867

Lowest percentage share of total cases (2016)
State

Percentage

Number of cases

Katsina State

0.10 %

128

Abia State

0.29 %

364

Zamfara State

0.38 %

483

In terms of offence against property or person, South West was the most affected region, with asignificantly higher number of reported cases compared to other regions. 82
In 2017, a total of 134 663 cases were reported, with offence against property again being the mostcommon83:
Highest number of cases (2017)
Type of offence

Number of cases

Offence against property

68 579

Offence against persons

53 641

Offence against lawful authority

12 443Highest percentage share of total cases (2017)
State

Percentage

Number of cases

Lagos State37.9 %

50 975

Abia State

9.2 %12 408

Delta State

5.3 %

7 150

Lowest percentage share of total cases (2017)
State

Percentage

Number of cases

Kebbi State

0.2 %

205

Kogi State

0.20 %

282

82 Premium Times, Abuja, Lagos record highest crime rate in Nigeria in 2016 – NBS, 13 June 2017, url
83 Nigeria, NBS, Crime Statistics: Reported Offences by Type and State (2017), June 2018, url, p. 1

EASO COUNTRY OF ORIGIN REPORT: NIGERIA – STATE ACTORS OF PROTECTION

Bauchi State

0.30 %— 23

386

The number of reported offences increased in 2017 in comparison to the previous year, with Lagos
State maintaining the highest amount of recorded crimes, significantly more than the following states.

3.3 Police integrity
In response to allegations of extrajudicial killings and other abuses, the NPF introduced a voluntary
Code of Conduct in January 2013, which provides a set of guiding principles and standards of
behaviour for police officers. The NPF has also introduced human rights officers at all police stations,however their ability to prevent human rights abuses is limited for various reasons, including a lack ofauthority at the local level. 84
Apart from the fact that NPF personnel do not patrol residential neighbourhoods, numerous NPF
officers are assigned to private security details for either businesses or individuals, as mentioned
above, and therefore ‘routinely ignore any requests for assistance not directly associated with theirassignments.’ 85
In 2006, MOPOL units were reportedly used for duties irrelevant to their training and hired as escorts
to VIPs. 86 Oil companies in the Niger Delta relied heavily on the MOPOL to secure their private
operations. 87 On 26 June 2016, the aforementioned Ibrahim Idris announced his decision to withdraw‘the services of mobile police officers attached to individuals as security aides’. He said that ‘the police
mobile force was the striking arm of the police and should not be used as a security aide forindividuals.’ 88
Although it has been announced several times that police officers will be withdrawn from providing
security services to individuals, politicians and private companies 89, a significant part of the NPF arereportedly still engaged in this way. According to an Assistant Inspector-General of Police (AIG), basedin Zone 5, only 20 %of policemen are engaged in protecting lives and ensuring peace, while ‘theremaining 80 per cent are just busy providing personal security to some “prominent people” on guard
duties.’ 90
In the north-east part of the country affected by the Boko Haram insurgency, where security is comaintained with the Nigerian military, issues have arisen regarding police and overall security
presence as a result of allegedly poor communication between the two security forces. 91
A 2017 report by the US Overseas Security Advisory Council (OSAC) stated that in Lagos State, ´despite
a visible police presence in large cities, police assistance does not have a wide reach´, with law
enforcement authorities usually responding slowly or not at all and providing little or no investigative
support to victims. While the Rapid Response Squad’s policing capacity and emergency response
capabilities are growing, they ‘remain in a nascent state’. The report further mentions that victims
must usually maintain close contact with the police to move an investigation forward. At the same

84 Australia, DFAT Country Information Report Nigeria, 9 March 2018, url, p. 30
85 OSAC, Nigeria 2017 Crime and Safety Report: Lagos, 7 April 2017, url
86 Open Society Institute, Criminal Force, May 2010, url, p. 41

87 Africa Renewal, Security for the highest bidder, October 2009, url

88 Channels Television, Police Withdraws Mobile Security Aides To Individuals, 25 June 2016, url

89 Premium Times, UPDATED: IGP Idris orders immediate withdrawal of police officers attached to VIPs, 19 March 2018, url;

Sahara Reporters, Police IGPs And The Politics Of Withdrawal Of Police Personnel From VIPs, Politicians, 20 March 2018, url
90 Premium Times, 80% of Nigerian police officers provide personal security for ‘prominent people’, AIG laments, 8 February
2018, url
91 CBC, Nigerian army, police argue over who should have protected town where girls disappeared, 26 February 2018, url

24 —EASO COUNTRY OF ORIGIN REPORT: NIGERIA - STATE ACTORS OF PROTECTION

time, requesting police assistance may result in a situation where the requester is asked for a bribe by
the responding officer(s). 92

3.3.1 Corruption
As already mentioned earlier in this chapter, long-standing critique towards the NPF has been aimed
at corruption and human rights abuses. 93 A 2016 study described the relationship between the police
and the public in Nigeria as ‘perhaps the most troublesome in sub-Saharan Africa’ 94, while anothersource notes that the NPF is widely perceived by the public as the most corrupt and violent institution
in Nigeria. 95 A recent study mentions that there is ‘widespread corruption among its [the police´s] rank
and file (officers and men)’ which includes the taking of bribe from suspects as well as complainants
before carrying out its statutory functions. As a result, the public´s perception of the police is poor. 96
According to a July 2017 study by the United Nations Office on Drugs and Crime (UNODC), local police
officers in Nigeria are the most commonly bribed public officials in the country, as well as one of themost frequently bribed ones. Bribes paid to avoid the payment of a fine constitute the second largest
proportion of bribes in the country (18 %), and are a frequent request in citizens´ encounters with thepolice.97 In 2016, there was a 46.4 % prevalence rate of bribery in relation to police officers in the
country. Police officers quoted in the report mention low and untimely salaries, the resulting inability
to take care of families, poor funding, lack of cooperation by the public in investigations, or insecurity
among the reasons for bribery. 98
Police corruption usually occurs at police roadblocks and checkpoints, ostensibly placed to curb
criminality on Nigerian roads, and instead becoming a source of illegal income. 99 In 2010, Human
Rights Watch concluded that police corruption in Nigeria is a widespread informal system of returns:‘[…] subordinates pay their superiors a portion of the money they make from bribes andextortion. Subordinates often pay their superiors to be assigned to positions where they haveample opportunities to extract money from the public. Superior officers frequently set
monetary targets for subordinates assigned to these lucrative posts and remove those who failto meet their targets. Money continues up the chain of command as officers who take returns
from their subordinates pay their superiors in turn. This corrupt system of returns not only
encourages low-level police officers to commit abuses as a means of extorting money, andeffectively punishes those who do not, but it also creates a strong disincentive for senior officers
who personally benefit from the system of returns to hold their subordinates accountable forextortion and other abuses.’ 100
This form of systemic reciprocity is also confirmed by a more recent source, which suggests that whilesoliciting bribes is a societal norm in Nigeria, giving them is not. 101 Human Rights Watch also concluded
that the police was not only extorting money from ordinary civilians, but also accepted bribes from
criminal suspects to avoid arrest, detention, and prosecution. 102

92 OSAC, Nigeria 2017 Crime and Safety Report: Lagos, 7 April 2017, url

93 US DoS, 2017 Country Reports on Human Rights Practices – Nigeria, 20 April 2018, url
94 Akinlagi, O.M., Do the Police Really Protect and Serve the Public? July 2016, url, p. 3
95 Agbiboa, D.E., Protectors or Predators?, 10 December 2013, url, p. 1

96 Obarisiagbon, E.I. et al., Public Perception of the Role of the Nigeria Police Force in Curbing the Menace of Kidnapping in

Benin Metropolis, Southern Nigeria, March 2018, url, p. 67
97 UNODC, Corruption in Nigeria, 31 July 2017, url, p. 7
98 UNODC, Corruption in Nigeria, 31 July 2017, url, pp. 35-37
99 Chatham House, Collective Action on Corruption in Nigeria, 17 May 2017, url, p. 9; Human Rights Watch, “Everyone´s inon the Game”, 17 August 2010, url
100 Human Rights Watch, “Everyone´s in on the Game”, 17 August 2010, url, p. 4
101 Chatham House, Collective Action on Corruption in Nigeria, 17 May 2017, url, pp. 9-11
102 Human Rights Watch, “Everyone´s in on the Game”, 17 August 2010, url, p. 55

EASO COUNTRY OF ORIGIN REPORT: NIGERIA – STATE ACTORS OF PROTECTION— 25

3.3.2 Abuse of power, ill treatment and use of excessive force
Consulted sources mention several accounts of the NPF, army, and other security services using lethal
and excessive force to disperse protesters, apprehend criminals and suspects, as well as committing
extrajudicial killings and obtaining confessions through torture. 103 Police are mentioned to repeatedly
mistreat civilians in order to extort money. 104 In particular, SARS officers were reported by Amnesty
International (AI) in September 2016 to regularly torture detainees in custody for the purpose of
extracting confessions and bribes. In August 2015, the IGP reportedly announced the intention toreorganise SARS units. 105
In a more recent example, in November 2017, Kano State police killed three members of the Islamic
Movement in Nigeria during its annual Ashura 106 procession, when firing tear gas and bullets. 107

3.3.3 Oversight and legal safeguards against abuse
The NPF was initially overseen by three government agencies: the Nigerian Police Council, the Police
Service Commission (PSC), and the Ministry of Police Affairs. 108 However, the latter was scrapped,
following the Buhari administration’s re-organisation of the federal executive in 2015. 109
The responsibility of the PSC is the prevention and investigation of police abuses, but it suffers frominadequate resources and a lack of independence. While the National Human Rights Commission(NHRC) may investigate police misconduct, it has not been an effective mechanism for doing so. The
judiciary is generally unable to prosecute police officers for authority abuse, as it lacks an effective
internal investigation function. According to the Australian DFAT, ‘instances of police abuse are rarely
investigated and perpetrators are infrequently held to account in Nigeria.’ 110
In December 2017 the National Assembly passed into law the Anti-Torture Act 2017, which
criminalises torture and protects victims and witnesses of torture, thereby making police officers
legally prosecutable for its potential use.111 Prior to this, there was no law in Nigeria with the objectiveof prohibiting and punishing such conduct 112, even though Nigeria had signed the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment on 28 July 1988, andratified it on 28 June 2001. 113
In December 2017, the NPF launched Force Order 20, which addressed ‘free legal services for arrested
and/or detained persons in police formations’ and institutionalised the Police Duty Solicitor Scheme(PDSS) as a countrywide mechanism for its delivery. 114
Complaints of police misconducts can be reported to the Public Complaint Rapid Response Unit of the
National Human Rights Council, which says it is available 24/7 via telephonic and electronic
channels. 115

103 AI, Amnesty International Report 2017/18 – Nigeria, 22 February 2018, url; Odisu, T. A., Law Enforcement in Nigeria by

the Police Force and the Travails of Rule of Law, 10 August 2016, url; US DoS, Country Report on Human Rights Practices2017 – Nigeria, 20 April 2018, url
104 US DoS, Country Report on Human Rights Practices 2017 – Nigeria, 20 April 2018, url
105 AI, Nigeria: ‘You have signed your death warrant’, September 2016, url
106 The day of Ashura is a religious commemoration for Shia Muslims of the martyrdom of Hussein, a grandson of the Prophet
Muhammad, at Karbala in 680 AD. For details, see: BBC, What is Ashura?, 6 December 2011, url
107 US DoS, 2017 Report on International Religious Freedom – Nigeria, 29 May 2018, url
108 Australia, DFAT Country Information Report Nigeria, 9 March 2018, url, p. 30
109 The Eagle Online, Buhari to name 25 substantive ministers, scrap five ministries, 10 November 2015, url
110 Australia, DFAT Country Information Report Nigeria, 9 March 2018, url, p. 30
111 Vanguard, Anti-Torture Act 2017: Issues, implication for police officers, 31 May 2018, url
112 Vanguard, Anti-Torture Act 2017: Issues, implication for police officers, 31 May 2018, url
113 United Nations Treaty Collection, Chapter IV: Human Rights - 9. Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, 29 September 2018, url
114 Vanguard, As Nigeria launches the Police Duty Solicitor Scheme: Looking back, looking forward, 20 September 2017, url
115 Vanguard, NHRC begins audit of police detention cells in Nigeria, 14 June 2018, url

26 —EASO COUNTRY OF ORIGIN REPORT: NIGERIA - STATE ACTORS OF PROTECTION

4. Nigerian Armed Forces
4.1 General
The Nigerian Armed Forces (NAF) consist of three service branches: the Nigerian Army, Nigerian Navy,and Nigerian Air Force. 116
Reliable data on the strength of the armed forces is scarce and figures differ depending on sources.
The website DefenceWeb placed the total force strength of the NAF at 210 000 personnel (army
100 000, navy 15 000, air force 13 000, and 82 000 paramilitary) as of October 2013. 117 A similar
number is given by the World Bank [using International Institute for Strategic Studies data], whichassessed the total number of armed forces personnel to be 200 000 in 2016 (this includes paramilitaryforces ´if the training, organization, equipment, and control suggest they may be used to support or
replace regular military forces´). 118 More recent information is provided by Global Firepower.
According to their index, in 2018 the Nigerian military consists of a total of 181 000 personnel (124 000
active personnel and 57 000 reserve personnel), and ranks it as the fourth most powerful military inAfrica (with manpower being only one of the considered factors). 119
The Nigerian Army is the land branch of the armed forces and by far the largest of the threebranches. 120 Hierarchically, the army is organised into army headquarters (HQ), divisions, brigades,
battalions/regiments, companies, platoons and sections. A division consists of 7 000 – 22 000 troops
and is commanded by a major general. 121 The following eight divisions are listed on the Nigerian Armywebsite 122:•

1 Mechanised Division, HQ located in Kaduna, Kaduna State;•

2 Mechanised Division, HQ located in Ibadan, Oyo State;•

3 Armoured Division, HQ located in Jos, Plateau State;•

6 Amphibious Division, HQ located in Port Harcourt, Rivers State;•

7 Infantry Division, HQ located in Maiduguri, Borno State;•

8 Division, HQ located in Sokoto, Sokoto State;•

81 Division, HQ located in Lagos, Lagos State;•

82 Composite Division, HQ located in Enugu, Enugu State.

Besides these divisions there are also the Guards Brigade, the Training and Doctrine Command(TRADOC) and the Nigerian Army Special Operations Command (NASOC). 123

116 CIA, World Factbook – Nigeria, last updated 7 August 2018, url

117 Martin, G. & Kruger, A., Nigerian Armed Forces, 7 October 2013, url
118 World Bank, Armed forces personnel, total, n.d., url

119 Global Firepower, 2018 African Powers Ranked by Military Strength, n.d., url; Global Firepower, 2018 Nigeria Military

Strength, n.d., url
120 Martin, G. & Kruger, A., Nigerian Armed Forces, 7 October 2013, url
121 Global Security, Nigerian Army Order of Battle, 10 April 2017, url
122 Nigeria, Nigerian Army, Formations, n.d., url
123 Global Security, Nigerian Army Order of Battle, 10 April 2017, url; Nigeria, Nigerian Army, Formations, n.d., url

EASO COUNTRY OF ORIGIN REPORT: NIGERIA – STATE ACTORS OF PROTECTION— 27

The Nigerian Army is functionally organised into combat arms (infantry and armoured); the combat
support arms (artillery, engineers and signals); and the combat support services (medical, supply andtransport, ordinance and finance). Others include the military police, intelligence, physical training,
chaplains, public relations and band. The Training and Doctrine Command (TRADOC) is located in
Minna and is responsible for doctrinal training and combat development. The Nigerian Army has 17
Corps Training Schools and a College of Logistics (NACOL). 124
The second branch of the armed forces is the Nigerian Navy (NN). The Naval HQ is the administrative
organ of the Nigerian Navy and is commanded by the Chief of the Naval Staff (CNS). The CNS has eightstaff branches: Policy & Plans, Training & Operations, Administration, Naval Engineering, Logistics,
Accounts & Budget, Naval Safety & Standards, and the Office of the Navy Secretary. There are fivecommands headed by Flag Officers Commanding (FOCs) and five autonomous units. 125
The last branch of the armed forces is the Nigerian Air Force. The Air Force’s Head Quarter iscommanded by the Chief of the Air Staff (CAS) and has ten staff branches: Medical Service, Accounts& Budget, Communication Information Systems, Training & Operations, Air Secretary, Standards &Evaluation, Administration, Logistics, Aircraft Engineering, and Policy & Plan. Furthermore, there areseveral direct reporting units and operational commands. 126
According to Global Security, the naval command is top-heavy and there are six times as many general
officers and flag officers in the Air Force and the Navy as there are operational ships and aircraft.127
According to the Humanitarian Practice Network (HPN), ‘Nigeria has revised its rules of engagement
and code of conduct in order to reflect international humanitarian and human rights standards.’ As of
October 2017, a protocol was being drafted on handing over children encountered during operations
to civilian child protection actors. A year earlier, the Chief of Defence Staff committed to drafting andimplementing a civilian protection policy. 128
While the Armed Forces Act, which forms the legal framework for the Air Force, makes no mention
with regard to the army´s role towards civilians 129, sources point out that the protection of civilians(in armed conflict) presents a duty of the armed forces based on international humanitarian law. 130
The Australian DFAT asserts that the Nigerian Police Force´s poor capacity and subsequent limited
ability to control societal violence, particularly in areas under a state of emergency and between
farmers and settlers in the middle belt states, has led the government to turn to the military to provide
community policing in such areas. 131
It is also useful to mention the existence of the Nigeria Security and Civil Defence Corps (NSCDC), a
paramilitary institution established in 1967 by the federal government. The NSCDC´s main goal is toprotect the population against threat and any form of attack or disaster. 132 In April 2017, the Ministryof Interior announced that 3 000 people will be drawn from officers and men of the NSCDC in orderto establish a new corps to be known as Agro Rangers, whose objective will be to protect farmers andsecure farm investments throughout the country. 133 The NSCDC also deployed 5 000 people to protect
124 Global Security, Nigerian Army Order of Battle, 10 April 2017, url
125 Nigeria, Nigerian Navy, Structure, n.d., url

126 Nigeria, Nigerian Air Force, Organisation, n.d., url

127 Global Security, Nigerian Navy, 22 August 2016, url

128 HPN, Integrating civilian protection into Nigerian military policy and practice, October 2017, url
129 Nigeria, Armed Forces Act, n.d., url

130 AI, Nigeria: Security forces failed to act on warnings about Boko Haram attack hours before abduction of schoolgirls, 20

March 2018, url; The New York Times, ‘They Told Us They Were Here to Help Us.’ Then Came Slaughter, 28 February 2017,url
131 Australia, DFAT Country Information Report Nigeria, 9 March 2018, url, p. 29
132 Nigeria, NSCDC, History of Nigeria Security and Civil Defence Corps, n.d., url
133 AgroNigeria, Farmers’ security: FG to deploy 3, 000 Agro Rangers Corps to farms and ranches, 27 April 2017, url; Nigeria,
Federal Ministry of Interior, Agro-rangers to Protect Agric Investments – Dambazau, 11 April 2017, url

28 —EASO COUNTRY OF ORIGIN REPORT: NIGERIA - STATE ACTORS OF PROTECTION

the IDP camps in the north-east. 134 However, the NSCDC is not part of the NAF and is the responsibilityof the Ministry of the Interior. 135

4.2 Capacity
Global Firepower states that the Nigerian Army has 148 combat tanks, 1 420 Armoured Fighting
Vehicles and nearly 400 pieces of artillery at its disposal. The Air Force´s inventory consists of 124
aircraft, most of which are transport or trainer, whereas only 30 are for combat purposes (9 fightersand 21 attack aircraft). Additionally, the Air Force has 42 helicopters, 11 of which are attack. Its
account of Nigerian Navy vessels lists a total number of 75, while also stating that there are 93 patrol
vessels. 136 Another source however mentions the deployment of a total of 93 Nigerian vessels against
militants in the Niger Delta in December 2017.137
The OECD reported that ‘despite its continued military operations against Boko Haram, Nigeria’s
military expenditures fell in 2017 for the fourth consecutive year’. Nevertheless, the country is the
fourth largest military spender in Sub-Sahara Africa after Sudan, South Africa and Angola, and by far
the biggest military power in West Africa. The total expenditures in 2017 was USD 1 621 million. 138
Nigeria is also the third largest weapons importer in Africa. The arms import increased by 42 %between 2008-2012 and 2013-2017, according to the Stockholm International Peace ResearchInstitute. 139 In February 2017, the Chief of Army Staff announced a recruitment of 12 000 men to boost
the Army´s operations across the country that would take place after the approval of the 2017 budget
proposal of 152.8 billion Naira (approximately EUR 400 million). 140
Despite the large investments, observers note that the military continues to suffer from extremely
low capacity and high rates of desertion, with frontline soldiers publicly complaining about notreceiving wages and having inadequate or no equipment. Local and international experts attribute thedifference between the high rates of government spending and the low capacity of the forces to fightcorruption. 141
Nigeria has no conscription. The minimum age for voluntary military service is 18 years. 142 According
to HPN, there are low levels of female representation among military personnel. 143
According to Global Security, a key concern in recruitment is the NAF´s ‘Federal Character’, thepurpose of which is to avoid a regional imbalance in the Army. Accepted recruits are integrated into
units with soldiers from every Nigerian state and region, and receive indoctrination training whichaims to impart a Nigerian national identity on the soldiers, which makes the Army ‘function more as a”tribe” separate from the various Nigerian groups, with a similar level of identification and loyalty.’
The indoctrination has less effect in the upper echelons of the officer corps, largely because of thepolitically influenced promotions at that level, which often take on ethnic and religious meaning. Nonpromoted officers often seek to find a religious or ethnic reason for their failure to advance, although
the credibility of this has, according to the source, been difficult to assess. 144
134 Premium Times, FACTSHEET: What the Buhari administration has achieved in two years – Presidency, 30 May 2017, url
135 Nigeria Governance Project, Nigeria Security and Civil Defence Corps, (NSCDC), n.d., url
136 Global Firepower, 2018 Nigeria Military Strength, n.d., url

137 The Nation, Navy deploys 80 boats, 13 ships against militants in Niger Delta, 5 December 2017, url
138 OECD/SWAC, Maps & Facts: Military Expenditures in West Africa 2017, July 2018, url
139 SIPRI, Trends in International Arms Transfers, 2017, March 2018, url, p. 7

140 Financial Watch, Nigerian Army Recruitment 2017: 12,000 Officers to be Engaged – Buruntai, 15 February 2017, url
141 Australia, DFAT Country Information Report Nigeria, 9 March 2018, url, p. 29

142 CIA, World Factbook – Nigeria, last updated 7 August, url; Global Security, Nigerian Army – Personnel, 14 December 2014,url

143 HPN, Integrating civilian protection into Nigerian military policy and practice, October 2017, url
144 Global Security, Nigerian Army – Personnel, 14 December 2014, url

EASO COUNTRY OF ORIGIN REPORT: NIGERIA – STATE ACTORS OF PROTECTION— 29

While the Nigerian government has repeatedly claimed in recent years to have technically defeated
Boko Haram, the military has been criticised for failing to eliminate violence associated with theinsurgency. 145 See also EASO COI report Nigeria, Security situation, November 2018, Section 3.1, andEASO COI report Nigeria, Targeting individuals, November 2018, Section 2.1.

4.3 Integrity
In March 2017, following accusations by Amnesty International of human rights abuses committed by
the army, the Nigerian military launched a project called Promoting Human Rights Accountability in
the North East, the essence of which, according to the National Human Rights Commission (NHRC),
was to ‘mainstream human rights into Operation Lafiya Dole 146 activities, its rules of engagement andcode of conduct’, as well as designing and developing a code of conduct for the Civilian Joint Task
Force (CJTF). This included bringing accountability to bear for all alleged human rights violationscommitted during the counterinsurgency operation. An officer of the Seventh Division stated that the‘establishment of Department of Civil-Military Relations in the Army Headquarters and Human Rights
Desk in all Army formations in the country´ has been prompted. 147
According to HPN, based on their workshops conducted in Borno State, ‘military personnel are keen
to improve how they approach civilian protection, but often do not know what it means.’ This maylead to defensive attitudes on their part, particularly around the use of force in crowd control andsexual exploitation and abuse. Military personnel are ´more likely to take civilian protection seriously
if they see commitment by commanding officers´, as military hierarchy in Nigeria is particularly strong,and junior officers will often not speak in front of senior officers. 148
In October 2017, Chief of Army Staff, Lt. General Tukur Buratai, said in a press release tocommemorate International Human Rights Day, that the Army was ‘committed to adopting measuresthat ensure respect for human rights as the fundamental basis of our civil military relationship’. He
also mentions an initiative that ‘includes support for continuous human rights awareness andeducation of our officers and men.’ 149
In May 2018, army troops in Maidiguri, Borno State, received training on the protection of humanrights, an initiative between the Nigerian Army and the National Human Rights Commission (NHRC). 150
According to Chitra Nagarajan, senior adviser for the Center for Civilians in Conflict (CIVIC) 151, long
tours of duty affect concentration, interest and morale of soldiers (specifically in North East Nigeria).
Military personnel who have spent between three and five years in the area of operations admit that
this amount of time away from their families can make them act more harshly towards civilians. Suchsoldiers show reduced interest in civilian protection compared to soldiers who have spent less time in
the area of operations. However, it is unknown what the precise links are between tours of duty,
trauma, and the ability and interest in protecting civilians in north-eastern Nigeria. 152
UNODC concluded in July 2017 that members of the armed forces represent the type of public officials
to whom the highest average number of bribes is paid, at a yearly rate of 5.7 bribes. 153

145 Australia, DFAT Country Information Report Nigeria, 9 March 2018, url, p. 29

146 For details on Operation Lafiya Doyle, see EASO COI report Nigeria, Security situation, November 2018, url, Section 2.2.1
147 Vanguard, NHRC criticizes Amnesty report on human rights abuses in North East, 10 March 2017, url
148 HPN, Integrating civilian protection into Nigerian military policy and practice, October 2017, url

149 Vanguard, Army affirms commitment to protection, advancement of human rights, 10 December 2017, url

150 Naija, Nigerian Army, NHRC commence human rights protection training for troops in Maiduguri, 18 May 2018, url

151 CIVIC is an international NGO working on behalf of civilians in conflict zones. Aside from Nigeria, it is also active in Iraq,

Afghanistan, or Ukraine. See CIVIC, [website], n.d. url
152 Nagarajan, Chitra, Integrating civilian protection into Nigerian military policy and practice, October 2017, url, pp. 21-24.
153 UNODC, Corruption in Nigeria, 31 July 2017, url, pp. 40-41

30 —EASO COUNTRY OF ORIGIN REPORT: NIGERIA - STATE ACTORS OF PROTECTION

According to Global Security, as of 2014, corruption was also associated with the army´s recruitment
process, ´as each potential recruit had to get a series of signatures on a form -- and each signature
requires a bribe´. One system of dealing with a situation where a recruit would not have the sufficientamount of money for the bribes, was for the potential recruit to ‘rent’ a weapon from a serving soldier
and use it to commit armed robberies to collect the necessary funds (for the bribes as well as theweapon rental fee). Once recruited, the new soldier would rent his weapon out to future recruits. 154
Corruption also hinders the Army´s capability to counter the Boko Haram insurgency. In
December 2017, state governors approved the withdrawal of USD 1 billion from the Excess Crude
Account [a Nigerian government account that was created to save revenues — in excess of thebudgetary benchmark price — that were generated from the sale of oil] 155 to combat the groupthrough the purchase of equipment, training of military personnel and provision of logistical support.
There have however been several cases of officials who siphoned off funds and resources meant for
the affected region. 156
Promotions have a political aspect at colonel level and above, and are completely within the purview
of the Chief of Army Staff (COAS). According to Global Security, ‘Command of the Ikeja Cantonment(Lagos) and of the 3rd Armoured Division (Jos) are key positions given to loyal officers, because of
their significance in the event of a national emergency, particularly regime instability (Ikeja can control
Lagos, and the Armoured Division has tanks that are reasonably close to Abuja).’ 157
The Nigerian Army has been accused of human rights violations several times in the past. 158 One
particular incident was the way it operated against supporters of the Islamic Movement in Nigeria(IMN), a Shia Muslim minority group in predominately Sunni northern Nigeria. According to Amnesty
International (AI), the army unlawfully killed more than 350 men, women and children supporters of
IMN in Zaria, Kaduna State, in December 2015.159
An official inquiry into the Nigerian Army's response to the above-mentioned clashes between 12 and14 December 2015 has concluded that the army’s response was "disproportionate". The report of the
Kaduna State Judicial Commission of Inquiry, released on 31July 2016, found that ‘349 members of
the Islamic Movement of [sic] Nigeria (IMN) were killed during the clashes’. Human Rights Watch
writes that this confirms their earlier findings that ‘more than 300 IMN members were killed bysoldiers in a heavy-handed, unjustifiable use of lethal force.’ 160
According to the 2018 US DoS report on human trafficking, in more than 14 IDP camps, reports
documented government officials, service providers, and security forces, including the Nigerian
military and the non-governmental self-defence militia Civilian Joint Task Force (CJTF) 161 forcing IDPs
to have sex in exchange for food and freedom of movement in and outside of the camps. There were
continued reports of members of security forces, including some individual NAF personnel, using
fraudulent or forced marriages to exploit girls in sex trafficking. 162
Although the National Agency for the Prohibition of Trafficking in Persons (NAPTIP) received reports
of individual military personnel involved in trafficking crimes, such as using child soldiers or sexually

154 Global Security, Nigerian Army – Personnel, 14 December 2014, url
155 Investopedia, Excess Crude Account, ECA, n.d., url

156 Forbes, Boko Haram Continues to Drive Terrorism Threat in Northern Nigeria, 11 July 2018, url
157 Global Security, Nigerian Army – Personnel, 14 December 2014, url

158 AI, Nigeria: Stars on their shoulders: Blood on their hands, 3 June 2015, url; The New York Times, ‘They Told Us They Were

Here to Help Us.’ Then Came Slaughter, 28 February 2017, url
159 AI, Nigeria: Unearthing the truth, 22 April 2016, url, p. 5
160 Human Rights Watch, Dispatches: Nigerian Military Used Excessive Force Against Shia Group, 1 August 2016, url
161 For details regarding the CJTF, EASO COI report Nigeria, Security situation, November 2018, url, Section 2.3.6 and EASOCOI Targeting Individuals report, November 2018, url, Section 2.5.4
162 US DoS, 2018 Trafficking in Persons Report – Country Narratives – Nigeria, 28 June 2018, url

EASO COUNTRY OF ORIGIN REPORT: NIGERIA – STATE ACTORS OF PROTECTION— 31

exploiting IDPs, the Nigerian Army categorically denied such practices on part of its personnel, thereby
impeding investigation of such reports. The US DoS further mentions that the Nigerian militaryunlawfully used children as young as 12 years old in support roles such as messengers, porters, andguards, without providing evidence that these activities had ceased. The NAF interrogated children in
detention in order to use them later as collaborators to identify Boko Haram members among newlyarrested persons. The NAF also conducted on-the-ground coordination with the CJTF, that received
state government funding and has been described as continuously recruiting and using children insupport roles, such as manning checkpoints, conducting patrols, searching and arresting suspected
insurgents, guarding IDP camps, and gathering intelligence. 163
An AI report from May 2018 stated that in its fight against the Boko Haram insurgency in the North
East region, the Nigerian military has committed ‘war crimes and possible crimes against humanity’,allegedly including torture, rape and killing of civilians. 164 In a response, the NAF dismissed the reportas ‘propaganda’ and according to Reuters stated that AI’s findings are ‘a false report on fictitious rapeincidents in IDP (internally displaced person) camps in the North East region of Nigeria.’ 165 They also
led some journalists to the IDP camps. During the visit, no cases of sexual harassment were discovered,although female IDPs were reportedly forced by soldiers to tell the media ‘everything is fine’. 166 The
report was also criticised by Nigeria’s National Human Rights Commission (NHRC) as not being
supported by facts reflecting the situation in the area. 167
Sources usually assess that military personnel, just like police, have not been adequately investigatedor held accountable for multiple reported or alleged human rights violations, nor are they being
disciplined or prosecuted for them.168
In June 2018, the Chief of Army Staff, Lt-Gen. Tukur Buratai, said that ‘the army had measures in place
to ensure that the rights of civilians were protected.’´ These include the opening of a free toll line andthe establishment of the Nigerian Army Human Rights Desk (HRD), where civilians whose rights havebeen infringed can file a complaint. 169 The HRD is composed of six legal officers from the Nigerian Bar
Association and the legal section of the army, and its purpose is to investigate human rights abuses
perpetrated by military personnel. 170

163 US DoS, 2018 Trafficking in Persons Report – Country Narratives – Nigeria, 28 June 2018, url
164 AI, ‘They Betrayed us’, 24 May 2018, url, pp. 8-12

165 CNN, Amnesty accuses Nigerian troops of raping women rescued from Boko Haram, 24 May 2108, url; Reuters, Nigeria's

military committed war crimes, crimes against humanity: Amnesty, 24 May 2018, url
166 Sahara Reporters, 'Raped' Female IDPs Narrate How Soldiers Forced Them To Tell The Media 'Everything is Fine', 5 June
2018, url
167 Vanguard, NHRC criticizes Amnesty report on human rights abuses in North East, 10 March 2017, url; see also: PremiumTimes, Amnesty International Report: Nigerian Army sets up committee to investigate rights violations, 8 March 2017, url;
Premium Times, Protesters want Amnesty International to leave Nigeria, 20 March 2017, url
168 AI, Amnesty International Report 2017/18 - Nigeria, 22 February 2018, url; Human Rights Watch, World Report 2018 –Nigeria, 18 January 2018, url; US DoS, Country Report on Human Rights Practices 2016 – Nigeria, 3 March 2017, url; US DoS,Country Report on Human Rights Practices 2017 – Nigeria, 20 April 2018, url; US DoS, 2018 Trafficking in Persons Report –Country Narratives – Nigeria, 28 June 2018, url
169 Premium Times, Nigerian Army releases call code for complaints about soldiers’ conduct, 15 August 2017, url; Vanguard,
Nigerian Army passionate about civilians´ rights – Buratai, 19 June 2018, url
170 OHCHR, Nigeria creates a military Human Rights Desk, 14 March 2016, url

32 —EASO COUNTRY OF ORIGIN REPORT: NIGERIA - STATE ACTORS OF PROTECTION

5. Department of Public Prosecution
5.1 General
There are a total of 37 Departments of Public Prosecution (DPP) in Nigeria: one at the Federal Ministryof Justice and one at each State Ministry of Justice. 171
While federal offences are prosecuted by the Attorney General of the Federation (AGF), Director of
Public Prosecutions of the Federation and Law Officers in the Office of the AGF, state offences areprosecuted by the Attorney General of the State and the Law Officers/Directors of Public
Prosecutions. 172
The DPP of the Federal Ministry of Justice is Nigeria´s primary prosecuting body and constitutes oneof the Ministry´s twelve departments. Its functions include to:
•

•

•

•
•
•

offer ‘legal advice or opinion to the Nigerian Police and other law enforcement agencies,
ministries and extra-ministerial departments on criminal matters and letters (repertories andextradition)’;publicly prosecute accused persons ‘in all court of competent jurisdiction including the High
Court, Federal High Court, Court of Appeal and Supreme Court within and outside the Federal
Capital Territory, Abuja’;
defend criminal action in courts of competent jurisdiction on behalf of the AGF, such as‘entering Nolle-prosequi authorised by the AGF, bail matters, human rights enforcement
actions etc., trafficking in minors and young women from Nigeria for the purpose of sexual
exploitation’;on behalf of the AGF, ‘institute, take over, continue or discontinue with matters in Nigeriancourts’ except military courts;
handle ‘petitions forwarded to the AGF for intervention as Chief Law officers of the Federationand Minister of Justice’;provide legal advisory services to Ministries, Departments, and Agencies (MDAs) and ‘supervise
External Prosecutors who are prosecuting criminal cases in various courts in the country.’173

The DPP of the Federal Ministry of Justice is headed by the Director of Public Prosecutions of theFederation. Since July 2016, the position of Director is held by Mohammed Umar Etsu who was
appointed by the Attorney General of the Federation. 174

5.2 Capacity
According to the website of the Ministry of Justice, the Director of Public Prosecutions of the Federal
Ministry of Justice is supported by ´competent lawyers and effective support staff´. A Complex CaseGroup and Maritime National Prosecution Team have been established within the Department.175

171 Lawyard, Directorate of Public Prosecution and You, 20 March 2017, url; Nigeria, Constitution of the Federal Republic of

Nigeria, 1999, n.d., url
172 Lawyard, Directorate of Public Prosecution and You, 20 March 2017, url; Nigeria, Constitution of the Federal Republic of
Nigeria, 1999, n.d., url
173 Nigeria, Federal Ministry of Justice, Public Prosecutions of the Federation, n.d., url
174 Daily Trust, AGF appoints new DPP, 29 July 2016, url
175 Nigeria, Federal Ministry of Justice, Public Prosecutions of the Federation, n.d., url

EASO COUNTRY OF ORIGIN REPORT: NIGERIA – STATE ACTORS OF PROTECTION— 33

On the state level, the Lagos State DPP (referred to as Directorate of Public Prosecutions) has state
counsel assigned to prosecute in the seven courts in the Criminal Division of the High Court of Lagos
State (3 in Lagos and 4 in Ikeja) and in the magistrate courts within the state. The Directorate has fivecounsels assigned to the Environmental Sanitation and Kick Against Indiscipline Unit, and Special
Offences Courts created by the Enforcement and Compliance Unit of the Ministry of Environment totry various environmental as well as certain other offences. 176 Apart from the Counsels (Project
Officers), the Lagos State DPP contains a Legal Advisory Unit, Litigation Unit, Task Force, and otherofficers with special duties. 177
No additional information could be found on this subject.

5.3 Integrity
An example of corruption in the Ministry of Justice involving the DPP from recent years is the 2016
investigation by the Federal Government – based on previous reporting by Sahara Reporters – which
discovered that then-Director of Public Prosecutions, Mohammed Sa´idu Diri, colluded with otherofficials of the Ministry of Justice in collaborating with lawyers representing Senate President Bukola
Saraki in an effort to obtain a controversial adjournment of his trial. The said officials did so by secretly
filing a motion challenging the jurisdiction of the Code of Conduct Tribunal to try the senator without
the awareness of the tribunal. 178
In 2017, the UNODC report on corruption in Nigeria ranks judiciary officials (after police officers) as
the second most affected group of officials in terms of bribery. The risk of bribery of judiciary officials
is estimated at 33 %, while the risk for judges and magistrates is 31.5 %. The report adds: ‘although
the prevalence rate of bribery in relation to prosecutors and judges is high, they are normally lessfrequently encountered by citizens than other types of public official and, accordingly, the frequencyof bribe payments to them is relatively much lower that [sic] to other types of official [sic].’ 179
No additional information could be found on this subject.

176 Nigeria, Lagos State Ministry of Justice, Directorate of Public Prosecutions, n.d., url

177 Nigeria, Lagos State Ministry of Justice, Officers in the Directorate of Public Prosecutions, n.d., url

178 Sahara Reporters, Mr. President Fire Umar, Jacobs, Malami, Abidogun, Sa'idu, Diri, And Corrupt Judges Now!, 14 March

2016, url; Sahara Reporters, Nigeria’s Solicitor General, Director Of Public Prosecutions Fingered In Plot To Scuttle Saraki’s
Trial, 12 March 2016, url
179 UNODC, Corruption in Nigeria, 31 July 2017, url, pp. 7, 40

34 —EASO COUNTRY OF ORIGIN REPORT: NIGERIA - STATE ACTORS OF PROTECTION

6. Courts
As mentioned earlier in this report, the Nigerian legal and judicial system is a mixed system based on
English common law, Islamic law, and customary law, and as such is highly complex. For an overview
of the sources of Nigerian Law, please refer to Section 2.1.
At a general level, access to the court system in Nigeria for many citizens is hindered by the high costsof taking a matter to court, next to a low level of trust in the functioning of the legal system. 180 Highlawyer fees and the amount of time it takes to resolve a dispute at the court lead people into using
the service of Citizens Mediation Centres (CMCs). While originally established ´to provide free
mediation and legal services for poor people, their performance, efficiency and rate of settlement has
also endeared them to users with commercial disputes´ and ´more commercial disputes are now beingbrought to the CMCs for resolution.´ CMCs offer free legal assistance and mediation services and aside
from an increasing number of complainants, they have also spread geographically, thereby increasing
their accessibility. The quality of their services has also been improving. 181
Other places intended to fast-track the resolution of civil cases are Alternative Dispute Resolution(ADR) centres, known as Multi-Door Courthouses (MDCs), located in Lagos, Abuja and Kano States.
One source indicates MDCs are independently run and managed, but attached to a specific court (inthe case of Kano, Abuja and Lagos - the High Court of each respective state). Cases can be brought
forward to an MDC either directly by the applicant, or referred to it by a judge of the high court (andoccasionally magistrate courts). 182
According to Al Jazeera, focusing on the Lagos MDC, ‘the average timeline of a court case is four to 10
years, and following the case through to the Supreme Court can take at least 20’, while ‘the average
Lagos MDC case takes three to five months, and more than half of the cases that have been referredby magistrates take just a single morning to resolve’; faster also means cheaper, according to thesource. 183
Edo and Oyo states established MDCs for mediation and dispute resolution in 2017 and 2018,
respectively. 184 No information was found on the practice of such institutions to date.

6.1. Federal courts
6.1.1 General
The country´s highest court is the Supreme Court. Subordinate to it are the Court of Appeal, theFederal High Court (as well as the State High Courts), the High Court of the Federal Capital Territory,
the Sharia Court of Appeal of the Federal Capital Territory, and the Customary Court of Appeal of theFederal Capital Territory. 185

180 UNODC, Corruption in Nigeria, 31 July 2017, url, p. 68

181 British Council, Justice For All: Access to Mediation and Legal Assistance Services, October 2015, url

182 British Council, Department for International Development, Alternative Dispute Resolution: Multi-Door Courthouses,

2010, url

183 Al Jazeera, A new type of justice for Nigeria, 8 October 2016, url

184 Vanguard, Gov. Obaseki inaugurates Multi-Door Courthouse in Benin, 20 January 2017, url; Nigeria, Oyo State, Ajimobi

inaugurates Multi-Door courthouse, , March 2018, url; Nigeria, Edo State Judiciary, Nigeria, Edo State Multidoor Court,
Sensitization / Public Awareness Programme, [January 2018], url
185 Australia, DFAT Country Information Report Nigeria, 9 March 2018, url, p. 30; CIA, World Factbook – Nigeria, last updated
7 August, url; Nigeria, Federal High Court, The Judiciary in Nigeria, n.d., url

EASO COUNTRY OF ORIGIN REPORT: NIGERIA – STATE ACTORS OF PROTECTION— 35

As the country´s highest court, the Supreme Court presents the last stop on all appeal matters overcases decided by other courts at federal and state levels and its decisions are final. 186 The Court hasoriginal jurisdiction where there is a dispute between the states, between the arms of government or
between the federal and state governments. 187 The Supreme Court consists of the Chief Justice ofNigeria and such number of Justices of the Supreme Court as may be prescribed by an Act of the
National Assembly, but not exceeding 21 188 (currently 15). 189
The Court of Appeal consists of the President and the Justices of the Court of Appeal. At least three ofthese must be learned in Islamic law and three in customary law. The Court has exclusive jurisdiction
to hear and determine appeals from the Federal High Court, the High Court of the Federal Capital
Territory, State High Courts, the Sharia Court of Appeal, the Customary Court of Appeal, the National
Industrial Court, a court martial or other tribunals prescribed by an Act of the National Assembly. 190
The Federal High Court has exclusive jurisdiction in civil cases and matters relating to the revenue of
the Government of the Federation. These include taxation, customs, and excise duties, banking,copyright, admiralty, citizenship, etc. 191 The FHC currently has buildings in 24 divisions: Abuja (HQ),
Abakaliki, Abeokuta, Akure, Benin, Calabar, Enugu, Ibadan, Ilorin, Jos, Kaduna, Kano, Katsina, Lafia,
Maiduguri, Minna, Oshogbo, Owerri, Port Hartcourt, Sokoto, Taraba, Uyo, and Yola. 192
The High Court of the Federal Capital Territory consists of a chief judge and such number of judges as
may be prescribed by an act of the National Assembly. 193 It has the same unlimited jurisdiction as thestate high courts, i.e. has original jurisdiction to hear and determine civil and criminal proceedings
under any law of the state. 194 The FCT also has the Sharia Court of Appeal and the Customary Court ofAppeal. While the Sharia Court is presided over by the Grand Khadi and Khadis, the Customary Courtof Appeal is presided over by the President of the Customary Court and other judges. The Sharia Courtof Appeal exercises appellate and supervisory jurisdiction in civil proceedings on Islamic law, whereas
the Customary Court of Appeal does so in civil proceedings on customary law. 195

6.1.2 Capacity
Strict requirements for education and length of service for judges at the federal and state levels are
implemented by the Ministry of Justice. 196 Judges of federal courts are appointed by the president
based on recommendations of the National Judicial Council (NJC). The NJC is an independent bodyconsisting of 24 federal and state judicial officials: 17 judicial members (the Chief Justice, the next
most senior judge of the Supreme Court, the President of the Court of Appeal, five retired judges, theChief Judge of the Federal Court, the President of the National Industrial Court, five Chief Judges ofstate courts, one Grand Khadi, and a President of the Customary Court of Appeal); five members of
the Nigerian Bar Association (including one Senior Advocate of Nigeria); and two members appointed

186 Nigeria, Federal High Court, The Judiciary in Nigeria, n.d., url; Australia, DFAT Country Information Report Nigeria, 9 March

2018, url, p. 30
187 Nigeria, Supreme Court, Additional Original Jurisdiction Act, n.d., url
188 Nigeria, Federal High Court, The Judiciary in Nigeria, n.d., url; Nigeria, Constitution of the Federal Republic of Nigeria,
1999, n.d., url
189 CIA, World Factbook – Nigeria, last updated 7 August, url
190 Nigeria, Federal High Court, The Judiciary in Nigeria, n.d., url
191 Nigeria, Federal High Court, The Judiciary in Nigeria, n.d., url
192 Nigeria, Federal High Court, Overview of Federal High Court Nigeria, url
193 Nigeria, Constitution of the Federal Republic of Nigeria, 1999, n.d., url
194 Australia, DFAT Country Information Report Nigeria, 9 March 2018, url, p. 30; Nigeria, Federal High Court, The Judiciaryin Nigeria, n.d., url
195 Nigeria, Federal High Court, The Judiciary in Nigeria, n.d., url
196 US DoS, Country Report on Human Rights Practices 2017 – Nigeria, 20 April 2018, url36 —EASO COUNTRY OF ORIGIN REPORT: NIGERIA - STATE ACTORS OF PROTECTION

by the President. The NJC is chaired by the Chief Justice. 197 Apart from appointments, the NJC also
manages the remuneration and dismissal of judicial officials. 198
One of the factors determining the appointment of judges is how many years they have been called
to the Bar. This is true for all judicial appointments on both the federal and state level (including Sharia
courts and customary courts). Different years apply for different judicial appointments. 199
While the NJC is the ultimate advisory body, there is also a Federal Judicial Service Commission (FJSC),
which advises the NJC on appointments to federal courts. The FJSC is composed of nine members:
four judicial members (the Chief Justice of Nigeria, the President of the Court of Appeal, the Chief
Judge of the Federal High Court and the President of the National Industrial Court); the Attorney
General of the federation; two qualified persons recommended by the Nigerian Bar Association; andtwo members appointed by the president. 200
The appointments of judges of the Supreme Court and the heads of the federal Court of Appeal andHigh Courts must be confirmed by the Senate. Judges of the Supreme Court and Court of Appeal serve
until the age of 70, whereas judges of all other courts serve until the age of 65.201
Education and training of judicial officers are provided by the National Judicial Institute (NJI) locatedin Abuja.
Pursuant to Section 3(2) of the National Judicial Institute Act, the NJI is empowered to:
•
•
•
•
•

‘Conduct courses for all categories of judicial officers and their supporting staff with a view toexpanding and improving their overall knowledge and performances in their different sectionsof service,
Provide continuing education for all categories of judicial officers by undertaking, organizing,conducting and facilitating study courses, lectures, seminars, workshops, conferences andother programs related to judicial education;
Organize once in two years a conference for all Nigerian Judges of Superior and Lower Courts
respectively;
Disseminate by way of publication of books, journals, records, reports or other means of
information about any part of its activities to the extent deemed justified by the Board ofGovernors generally as a contribution towards knowledge, and;
Promote or undertake any other activity which in the opinion of the Board is calculated tohelp achieve the purpose for which the Institute was established.’ 202

The NJI is headed by a board of governors of the Institute, which consists of the Chief Justice of Nigeria
as its chairman and the following members: the Attorney-General of the Federation and Minister ofJustice; the President of the Court of Appeal; the most senior of the justices of the Supreme Court
Nigeria in order of precedence; the Chief Judge of the Federal High Court; the Chief Judge of eachstate of the Federation and of the Federal Capital Territory, Abuja; two Grand Khadis of a Sharia Courtof Appeal appointed annually, in rotation, by the Chief Justice of Nigeria from the states having
Customary Courts of Appeal and the FCT Abuja; and four other persons ´of unquestionable character´
to be appointed by the Chief Justice of Nigeria. 203

197 CIA, World Factbook – Nigeria, last updated 7 August 2018, url; van Zyl Smit, J., The Appointment, Tenure and Removalof Judges under Commonwealth Principles, 2015, url, p. 175
198 Australia, DFAT Country Information Report Nigeria, 9 March 2018, url, p. 30
199 Nigeria, Constitution of the Federal Republic of Nigeria, 1999, n.d., url
200 van Zyl Smit, J., The Appointment, Tenure and Removal of Judges under Commonwealth Principles, 2015, url, pp. 175-176
201 CIA, World Factbook – Nigeria, last updated 7 August 2018, url
202 Nigeria, NJI, National Judicial Institute, n.d., url
203 Nigeria, NJI, Board of Governors, n.d., url

EASO COUNTRY OF ORIGIN REPORT: NIGERIA – STATE ACTORS OF PROTECTION— 37

In January 2018, lawyers stressed that the judiciary in 2018 should focus on implementing the reforms
introduced by the Chief Justice of Nigeria, expeditious determination of corruption-related cases andtraining of judges involved in corruption trials. 204
According to the Australian DFAT, it is difficult for citizens to obtain legal redress through the Nigeriancourt system. A lack of funding and low human resource capacity lead to a significant backlog of cases,
which produces, amongst other things, extremely long pre-trial detention periods. 205 However, it is
not specified to what extent this relates to federal courts. In August 2015, there were reportedly over
five million cases pending in Nigerian courts due to a ´hugely cumbersome and overbunded legal
system´. 206 In March 2018, the Chief Justice asked judges countrywide to expedite the hearing of theirpending cases, and to always encourage litigants to explore alternative resolution methods, such as
arbitration and mediation.207

6.1.3 Integrity
While the constitution and law provide for an independent judiciary, the US DoS reports that the
judicial branch in 2017 remained ´susceptible to pressure from the executive and legislative branches´,particularly at the state and local levels. 208 There is also reportedly a common lack of proper
equipment, training and motivation on part of the court officials, mainly due to inadequate
compensation. 209 The effectiveness of courts is further hampered by corruption, in particular of lowerlevel ones. Citizens have reported facing long delays and alleged requests from judicial officials forbribes in order to expedite cases or to obtain favourable rulings. Judges reportedly pursue othersources of income, and as such often fail to appear in court.210 The UNODC reported in 2017 that
judiciary officials represent the second most affected group of officials in terms of bribery risk, with33 % in case of prosecutors and 31.5 % in case of judges and magistrates. 211 The NJC described the
UNODC report as ´speculative´. 212
According to the Freedom House report 2018, ‘the judiciary has achieved some degree of
independence and professionalism in practice, but political interference, corruption, and a lack offunding, equipment, and training remain important problems. In October 2017, the National Judicial
Council, headed by the Chief Justice, announced that it was investigating 15 judges for alleged
malfeasance.’ 213
It should be noted however that neither of these accounts specify whether and to what extent dothese issues apply to federal courts, as only local level courts are usually mentioned in particular. A
federal judge may be removed from office only ‘for his inability to discharge the functions of his office
or appointment (whether arising from infirmity of mind or of body) or for misconduct or contraventionof the Code of Conduct.’ The Code of Conduct for Public Officers is set out in the Fifth Schedule to theConstitution and restrains judges among other things from receiving improper gifts and loans, taking
bribes, abusing their powers, operating foreign accounts or failure to make a declaration of assets asprescribed. 214

204 Daily Trust, 2018: Implementation of reforms, training of judges should be judiciary´s focus, 9 January 2018, url
205 Australia, DFAT Country Information Report Nigeria, 9 March 2018, url, p. 30
206 Daily Trust, 5 m cases pending in Nigerian courts, 18 August 2015, url

207 Vanguard, Expedite hearing of all pending cases, CJN tells judges, 7 March 2018, url

208 US DoS, Country Report on Human Rights Practices 2017 – Nigeria, 20 April 2018, url
209 Australia, DFAT Country Information Report Nigeria, 9 March 2018, url, p. 30

210 Australia, DFAT Country Information Report Nigeria, 9 March 2018, url, p. 30; US DoS, Country Report on Human Rights

Practices 2017 – Nigeria, 20 April 2018, url
211 UNODC, Corruption in Nigeria, 31 July 2017, url, p. 7
212 Premium Times, Nigerian judiciary not as corrupt as NBS report shows – NJC, 20 August 2017, url
213 Freedom House, Freedom in the World 2018: Nigeria, January 2018, url
214 van Zyl Smit, J., The Appointment, Tenure and Removal of Judges under Commonwealth Principles, 2015, url, p. 175

38 —EASO COUNTRY OF ORIGIN REPORT: NIGERIA - STATE ACTORS OF PROTECTION

As hinted above, the principal removal process is initiated by the NJC. Upon receiving a complaint
against a judge, the NJC undertakes initial investigation and, should the complaint be of ´sufficient
seriousness´, a Committee or Panel of Inquiry is established to investigate the allegations. Full legal
representation is afforded to both the complainant and the accused. Aside from the NJC process, aseparate one exists for violating the Code of Conduct for Public Officers, where a Code of Conduct
Tribunal is established to investigate. The Tribunal has three members: a judge, who chairs it, and twoother members appointed by the president on the NJC´s recommendation. The judge who breaches
the Code may be removed from office, but has the right of appeal to the federal court of appeal.
Judges who are heads of a federal court are removed by the president acting on an address supported
by a two thirds majority of the Senate. Other federal court judges are removed also by the president,
but on the recommendation of the NJC. 215

6.2 State courts
6.2.1 General
The state court system is similar in structure to the federal system. 216 Every state has its own highcourt, election tribunals and an election appeal tribunal, as well as magistrate courts. 217 The high court
has unlimited jurisdiction when it comes to hearing and determining any civil and criminal proceedings
under any law of the state in question. 218
Inter-state prosecution is possible, according to Sections 31 and 32 of the Criminal Procedure Act:
‘Where a warrant of arrest is executed in the State outside the division or district of the court
by which it was issued, the person arrested shall, unless security is taken under section 30 ofthis Act, be taken before the court within the division or district in which the arrest was made.
[…] If a person in lawful custody escapes or is rescued, the person from whose custody heescapes or is rescued may pursue and arrest him in any place in Nigeria.’ 219

6.2.1.1 Sharia courts and customary courts
The Nigerian Constitution provides that states may establish courts based on Sharia or customary(traditional) law, in addition to common law courts. Sharia courts function in the 12 northern states
which apply Islamic law and the FCT, whereas customary courts function in most of the 36 states. 220
As such, a Sharia court of appeal and a customary court of appeal are present in any state which
requires either of them. 221
The impetus to establish such courts may have stemmed at least partially from the inefficiencies,
expenses, and corruption associated with the Nigerian civil court system. Jurisdiction is usually
determined by the nature of a case and the consent of the parties. While the constitution specificallyrecognises Sharia courts for civil proceedings, the courts do not have the authority to compel
participation by non-Muslims, and although non-Muslims are not required to have their cases heard
by Sharia courts, they may choose to do so, if the dispute involves a Muslim. Some non-Muslims opt
to have their cases heard in Sharia courts, as they are generally considered cheaper and quicker thancivil courts. While the constitution does not specify the role of Sharia courts with regard to criminal
215 van Zyl Smit, J., The Appointment, Tenure and Removal of Judges under Commonwealth Principles, 2015, url, pp. 176-177
216 CIA, World Factbook – Nigeria, n.d., url

217 Nigeria, Constitution of the Federal Republic of Nigeria, 1999, n.d., url

218 Australia, DFAT Country Information Report Nigeria, 9 March 2018, url, p. 30; Nigeria, Federal High Court, The Judiciaryin Nigeria, n.d., url
219 Nigeria, Criminal Procedure Act, 1 June 1945, url, s. 32
220 US DoS, Country Report on Human Rights Practices 2017 – Nigeria, 20 April 2018, url
221 Australia, DFAT Country Information Report Nigeria, 9 March 2018, url, p. 30; Nigeria, Federal High Court, The Judiciaryin Nigeria, n.d., url

EASO COUNTRY OF ORIGIN REPORT: NIGERIA – STATE ACTORS OF PROTECTION— 39

proceedings, Sharia courts hear criminal proceedings in all 12 states where Islamic law applies, and a
Zamfara State law specifically requires a Sharia court to hear all criminal cases involving Muslims. 222
State-level Sharia courts generally apply Islamic law in accordance with their rules of procedure.
Defendants have the right to challenge the constitutionality of Sharia criminal statutes through civillaw appellate courts. Federal appellate courts, particularly the Supreme Court, have not ruled onwhether punishments prescribed by Sharia such as amputation and stoning violate the constitution,
because no relevant cases reached the federal level. 223 While the highest appellate court for Shariabased decisions is the Supreme Court, the common-law judges who form its staff are not required tohave any formal training in the Sharia penal code and as such, experts on Islamic law often advise
them. 224

6.2.2 Capacity
Judges of state courts are appointed by state governors and, as with federal courts, the NJC is theprime advisory body in this regard. Whereas on the federal level it is advised by the FJSC, on the statelevel it is advised by a state Judicial Service Commission (JSC) in each state. A state JSC has eight
members: three judicial members (the Chief Judge of the state and two other judges); the AttorneyGeneral of the state; two qualified legal practitioners; and two members appointed by the Governor.
The appointment of a chief judge of a state must be confirmed by the House of Assembly of thatstate. 225
As with federal court judges, the number of years a judge has been called to the Bar is a determining
factor in his appointment at state level (including Sharia courts and customary courts). Different years
apply for different judicial appointments. 226
The disciplinary and removal processes are consistent in every way with those on a federal level (seeprevious chapter). The only difference is that judges who are heads of a state court are removed by
the president acting on an address supported by a two thirds majority of the relevant state House of
Assembly. 227
As with federal court judges, the training of state court judges is provided primarily by the NJI (seeSections 6.1 and 6.1.2).
Specific accounts however mention over 22 000 cases pending in courts in Cross River State in late2017, including motions, civil and criminal cases 228, and over 500 cases of financial crime pending
before the high court of Lagos State in early 2018. 229 As of 16 July 2018, of the total prison population(73 631), 68.1 % were pre-trial detainees. 230

6.2.3 Integrity
As mentioned in the previous chapter on federal courts, the Nigerian judiciary is described by sources
as suffering from corruption, political interference and lack of training, amongst other things. Again,

222 Australia, DFAT Country Information Report Nigeria, 9 March 2018, url, p. 30; US DoS, 2017 Report on International

Religious Freedom – Nigeria, 29 May 2018, url; US DoS, Country Report on Human Rights Practices 2017 – Nigeria, 20 April
2018, url
223 Australia, DFAT Country Information Report Nigeria, 9 March 2018, url, p. 30; Yemisi Dina, et al., UPDATE: Guide to
Nigerian Legal Information, November/December 2015, url
224 US DoS, Country Report on Human Rights Practices 2017 – Nigeria, 20 April 2018, url
225 van Zyl Smit, J., The Appointment, Tenure and Removal of Judges under Commonwealth Principles, 2015, url, p. 176
226 Nigeria, Constitution of the Federal Republic of Nigeria, 1999, n.d., url
227 van Zyl Smit, J., The Appointment, Tenure and Removal of Judges under Commonwealth Principles, 2015, url, p. 176-177
228 Daily Post, Over 22,000 cases pending in Cross River courts, 22 September 2017, url
229 Sahara Reporters, 500 Financial Crimes Cases Pending In Lagos Courts, Says Lagos State Chief Judge, 1 February 2018, url
230 WBF, Nigeria, n.d., url40 —EASO COUNTRY OF ORIGIN REPORT: NIGERIA - STATE ACTORS OF PROTECTION

lower level (i.e. local) courts are usually specified as the most affected, and it is not mentioned
whether and to what extent these issues apply to state courts and their officials. 231
State judges can be removed from office in the same manner and under the same circumstances asfederal judges. 232 See Section 6.1.3.

231 Australia, DFAT Country Information Report Nigeria, 9 March 2018, url, p. 30; UNODC, Corruption in Nigeria, 31 July 2017,

url, p. 7; US DoS, Country Report on Human Rights Practices 2017 – Nigeria, 20 April 2018, url
232 van Zyl Smit, J., The Appointment, Tenure and Removal of Judges under Commonwealth Principles, 2015, url, pp. 176-177

EASO COUNTRY OF ORIGIN REPORT: NIGERIA – STATE ACTORS OF PROTECTION— 41

7. National Human Rights Commission(NHRC)
7.1 General
The NHRC was established by the National Human Rights Commission (Amendment) Act of 1995, as
amended by the NHRC Act of 2010. Pursuant to this law, it is an independent extrajudicial mechanism,
the purpose of which is to promote, protect, and enforce human rights in Nigeria. As such, the NHRC´smandate covers investigating allegations of human rights abuses and publishing periodic reports
detailing its findings, including torture and poor prison conditions. It also conducts campaigns to raise
the awareness on human rights issues. 233
The commission states that ‘there has been a high level of compliance with the decisions of thecommission by alleged violators of human rights since its establishment in 1995.’ The NHRC
(Amendment) Act, 2010 provides that ‘decisions of the commission's Governing Council areregistrable as decisions of the High Court.’ 234 The US DoS 2017 report notes: ‘In practice, however, thecommission served more of an advisory, training, and advocacy role. During the reporting period,
there were no reports its investigations led to accountability.’ 235
The activities of the NHRC are summarised on its website as follows:‘Since its establishment the Commission has demonstrated an expansive capacity to tackle
issues of human rights through various activities, ranging from public enlightenment andeducation, investigation of complaints, mediation and conciliation, conflict resolution, peacebuilding, research advocacy and training programmes on contemporary issues in the field of
human rights. These were given effect through an effective complaint treatment mechanism,
regular hosting of enlightenment seminars, workshops, rallies and continuous reengineeringof strategies which culminated in the National Action Plan (NAP) for the promotion andprotection of human rights.’ 236
The NHRC is headed by the Executive Secretary, who is the chief executive officer and amember/secretary of the governing council of the commission. The Executive Secretary coordinates
and implements the decisions of the council through the council secretariat, and also coordinates theactivities of the departments, units, zonal and state offices. 237 The Executive Secretary is nominatedby the president, confirmed by the Senate, and subsequently appointed by the president. The current
Executive Secretary is Anthony Okechukwu Ojukwu, who was appointed to office in late April 2018 foran initial five-year term. 238 From December 2016 until Ojukwu´s appointment, the NHRC was without
an executive secretary, which, according to the US State Department, significantly hampered its
effectiveness. 239

233 ACCESS Facility, National Human Rights Commission of Nigeria, last edited July 2015, url; US DoS, Country Report on

Human Rights Practices 2017 – Nigeria, 20 April 2018, url, p. 9
234 Nigeria, NHRC, Activities of the Commission, n.d. url
235 US DoS, Country Report on Human Rights Practices 2017 – Nigeria, 20 April 2018, url, p. 9
236 Nigeria, NHRC, Activities of the Commission, n.d. url
237 Nigeria, NHRC, Annual Report 2017, 6 August 2018, url, p. 6
238 Daily Trust, Ojukwu resumes at NHRC, promises speedy investigation of human rights cases, 3 May 2018, url; Vanguard,
Buhari approves appointments into NERC, NHRC, others, 26 April 2018, url; Vanguard, Senate confirms NHRC boss, NERC
chairman, 17 April 2018, url
239 US DoS, Country Report on Human Rights Practices 2017 – Nigeria, 20 April 2018, url42 —EASO COUNTRY OF ORIGIN REPORT: NIGERIA - STATE ACTORS OF PROTECTION

Administratively, the commission consists of the Office of the Executive Secretary, 13 departments
and four units. The units are Protocol and Media Relations, Information and Communication
Technology, Audit, and Budget. The departments are 240:
•
•
•
•
•
•
•
•
•
•
•
•
•

Human Resource Management;
Human Rights Institute;
Conflict Prevention, Ethics and Good Governance;
Legal Services and Enforcement;
Protection and Investigation;
Monitoring Department;
Finance and Accounts;
Human Rights Education and Promotion;
Planning, Statistics and Documentation;
Reform Co-ordination and Service Improvement;
Corporate Affairs and External Linkages;
Field Offices;
Procurement.

The NHRC has six zonal offices and 24 state offices. Zonal offices represent Nigeria´s six geopoliticalzones, i.e. North West, North East, North Central, South West, South East and South South, and areheaded by zonal coordinators. State offices are located in the states of Adamawa, Akwa Ibom,
Anambra, Benue, Cross River, Edo, Ekiti, Gombe, Imo, Kaduna, Katsina, Kwara, Nassarawa, Niger,
Ondo, Osun, Sokoto, Enugu, Kano, Lagos, Maiduguri, Port Harcourt, Jos and Abuja, FCT (Metropolitan
Office). Offices in the remaining 12 states are to be established in due course.241 The NHRC´s 2018budget proposal states the need to construct seven new state offices suitable for its operations. 242
A complaint at the NHRC can be filed by ‘any and all people in Nigeria whose human rights have been
violated, or by their agents.’ A claim can be submitted in writing, electronically, or orally. A written
claim is to be addressed to the NHRC’s Executive Secretary and sent to any of the 24 NHRC offices
located across the country (see list below). An electronic complaint can be either forwarded by email
or submitted electronically online via the NHRC website. Oral complaints can be submitted to arepresentative of the commission at one of its offices, and the officer/representative in question must
transfer it into writing. The complaint must then be signed or thumb-printed by the victim or his agent.
To be admissible, the complaint must contain the full names and contact address of the complainant
and the body of persons against whom it is made, full particulars and the facts in its support, as wellas the relief sought. 243
Complaints of police misconducts can be reported to the NHRC´s Public Complaint Rapid Response
Unit, which is available 24/7 via telephonic and electronic channels. 244

7.2 Capacity
According to the NHRC´s budget proposal for 2018, the commission annually receives a minimum of
one million complaints of human rights violations, and a total of not less than five billion Naira would
be needed to investigate and treat these. For 2018, the NHRC has been appropriated with 3 billion
240 Nigeria, NHRC, Annual Report 2017, 6 August 2018, url, pp. viii-ix
241 Nigeria, NHRC, The Commission, n.d., url

242 Nigeria, NHRC, 2018 Budget Proposals, 24 July 2018, url, p. 6

243 ACCESS Facility, National Human Rights Commission of Nigeria, last edited July 2015, url
244 Vanguard, NHRC begins audit of police detention cells in Nigeria, 14 June 2018, url

EASO COUNTRY OF ORIGIN REPORT: NIGERIA – STATE ACTORS OF PROTECTION— 43

Naira, in contrast to 1.2 billion Naira in 2017. The commission´s justification for a proposed budget
increase suggests a severe lack of capacity and resources to effectively address the high amount ofcomplaints received annually. It notes: ‘The capacity and resources required to monitor, investigate
and provide redress for victims on this volume of complaints, timely and efficiently can only be
imagined.’ 245
The aforementioned lack of finances affects, amongst other things, the NHRC´s facilities. The SouthSouth Zonal Office in Port Hartcourt was demolished for structural defection and is being
reconstructed, the Lagos Zonal Office is at the risk of collapse due to dilapidated condition, and theSouth West Zonal Office operates from a rented property for the same reasons. The remaining four
zonal offices are in urgent need of rehabilitation due to their age. NHRC facilities also reportedly lackappropriate information and communications technology infrastructure.246
According to its annual report, in 2017 the NHRC successfully investigated and concluded 576 742
complaints out of a total number of 1 081 126 admissible complaints received within that year, while
being unable to conclude 504 384 complaints by the year´s end. These were carried over to 2018. 247
The US DoS 2017 human rights report states that in practice, despite its mandate, ´the commission
served more of an advisory, training, and advocacy role´ and ´there were no reports its investigations
led to accountability.´ 248
As visible from the table below, most complaints in 2017 concerned women/gender rights, rights ofthe child, civil and political rights, and economic, social, and cultural rights. The highest numbers ofcomplaints were registered by the Abuja office (124 522), followed by offices in Lagos (86 716), Kano
(85 081), and Enugu State (74 698). More than 60 000 complaints were also registered in Rivers(69 816), Borno (62 836), and Plateau State (60 551). 249
Women/Gender
RightsRights of the Child

Civil and Political
RightsEconomic, Social,
and Cultural
RightsDiscrimination

258 078

225 830

165 543

165 471

59 492

Environmental
RightsEthnic/Religious/Protection of
IDPs

OthersTotal

57 16640 595

1 081 126

43 356

Communal Clashes
65 595

7.3 Integrity
According to DFAT, the NHRC has not been an effective mechanism for investigating police
misconduct, and instances of police abuse are rarely investigated and perpetrators are infrequently
held to account in Nigeria. 250
While the NHRC can and does conduct prison audits, according to the 2017 human rights reportpublished by the US DoS, despite expressing ‘willingness and ability to investigate credible allegationsof inhuman conditions’, the commission has not publicly released an audit report since 2012 251, a fact

245 Nigeria, NHRC, 2018 Budget Proposals, 24 July 2018, url, p. 1

246 Nigeria, NHRC, 2018 Budget Proposals, 24 July 2018, url, pp. 6-7
247 Nigeria, NHRC, Annual Report 2017, 6 August 2018, url, p. 169

248 US DoS, Country Report on Human Rights Practices 2017 – Nigeria, 20 April 2018, url
249 Nigeria, NHRC, Annual Report 2017, 6 August 2018, url, pp. 173-174

250 Australia, DFAT Country Information Report Nigeria, 9 March 2018, url, p. 30

251 US DoS, Country Report on Human Rights Practices 2017 – Nigeria, 20 April 2018, url44 —EASO COUNTRY OF ORIGIN REPORT: NIGERIA - STATE ACTORS OF PROTECTION

that is explained by the NHRC as a consequence of the aforementioned insufficient funding. 252 In
June 2018, the NHRC received the permission to commence an audit of detention cells in all police
commands and formations in Nigeria, including those of the SARS. 253
Throughout 2017, it was unclear whether the NHCR was allowed to monitor hearings with terror
suspects detained by the military. 254 In July 2018, NHRC stated it will investigate ´all genuine cases of
sharp [sic] practices´ - meaning fraudulent activities in the provision of food and other relief items to
IDPs - in Nigerian IDP camps. 255

252 Nigeria, NHRC, 2018 Budget Proposals, 24 July 2018, url, p. 12

253 Nigerian Tribune, NHRC to carry out nationwide audit of detention centres, 21 June 2018, url; Vanguard, NHRC begins

audit of police detention cells in Nigeria, 14 June 2018, url
254 US DoS, Country Report on Human Rights Practices 2017 – Nigeria, 20 April 2018, url
255 Premium Times, Nigeria: NHRC to Investigate Alleged Fraudulent Activities in IDP Camps, 26 July 2018, url

EASO COUNTRY OF ORIGIN REPORT: NIGERIA – STATE ACTORS OF PROTECTION— 45

8. Public Complaints Commission – The
Nigerian Ombudsman
8.1 General
The Public Complaints Commission (PCC), Nigeria´s ombudsman, was created to address complaints
by the public (i.e. citizens or residents in Nigeria) against administrative injustice, arising fromadministrative bureaucratic errors, omission or abuse by government officials, or limited liability
companies in the country. Established by the Public Complaints Commission Act in 2004, thecommission´s self-stated primary function is to provide impartial investigation on behalf of theaggrieved complainants. 256 Complaints may deal with a variety of issues, such as unjust and indefinite
suspension and interdiction, loss of postal documents or parcel by courier companies, or difficulty ingetting insurance companies to pay claims. 257
The PCC is independent of government bureaucracy, yet has ‘extensive powers regarding
confidentiality and access to all government information, which includes the production of documentsthat can aid the ombudsman´s investigation.’ The PCC can enforce compliance in order to obtain thenecessary information. 258 The PCC´s mandate covers the investigation of MDAs, private companies,
their officials, and court procedures. 259 Investigations can be carried out by each of the PCC´scommissioners (see below) not only based on a lodged complaint, but also on their own initiative, andcan deal with any administrative action taken by any federal or state level institutions, local
government authorities, government-affiliated company/public institution, and their officers orservants. Certain matters cannot be investigated.260
Complaints investigations are provided at no cost to both the complainant and respondent (i.e. citizen
and non-citizen resident in the country), and are treated with confidentiality. 261 Complaints can belodged in writing (which must be signed by the complainant before a duplicate is submitted to thePCC), but also by post, email, via an online form or the PCC´s Facebook and Twitter accounts. 262 For
proximity reasons, the complaints are forwarded to the nearest state or area office where the action
took place. The information provided in a complaint should include names and contact information of
the parties involved, details of the complaint and relevant evidence. 263
The PCC is headed by a chief commissioner and has offices in each of the 36 states of Nigeria and the
FCT, as well as five area offices in each state. Each state has its own commissioner (statecommissioner) representing the PCC. 264 The PCC´s current Chief Commissioner, Chile Igbawua, wasinaugurated in May 2018 along with the other commissioners. 265

256 Public Complaints Commission, The Nigerian Ombudsman, About, n.d., url; Premium Times, Nigeria´s Ombudsman shuts

down, unable to pay salaries, 20 October 2016, url
257 Public Complaints Commission, The Nigerian Ombudsman, Types of complaints, n.d., url
258 Public Complaints Commission, The Nigerian Ombudsman, About, n.d., url
259 Public Complaints Commission, The Nigerian Ombudsman, PCC Mandate, n.d., url
260 Public Complaints Commission, The Nigerian Ombudsman, PCC Act, n.d., url
261 Public Complaints Commission, The Nigerian Ombudsman, About, n.d., url
262 Public Complaints Commission, The Nigerian Ombudsman, FAQ about Public Complaints Commission, n.d., url; Public
Complaints Commission, The Nigerian Ombudsman, Procedures for lodging complaint, n.d., url
263 Public Complaints Commission, The Nigerian Ombudsman, Procedures for lodging complaint, n.d., url
264 Public Complaints Commission, The Nigerian Ombudsman, PCC Commissioners, n.d., url
265 Vanguard, Ombudsman: PCC gets new commissioners, 24 May 2018, url

46 —EASO COUNTRY OF ORIGIN REPORT: NIGERIA - STATE ACTORS OF PROTECTION

Commissioners are appointed by the National Assembly for an initial period of three years, and are
eligible for re-appointment for another three-year period. After the expiration of a six-year period,
the commissioner must vacate his/her position. At the same time, the National Assembly can remove
a commissioner from office at any time. While holding office, commissioners are not allowed to hold
another office, be it in the public sphere or elsewhere. All commissioners are responsible to the
National Assembly and the Chief Commissioner coordinates the work of all the othercommissioners. 266
The PCC´s structure includes a Public Investigation Department and a Private Investigation
Department, which however operate as a single one. In August 2018, it was decided that both
departments would now operate separately. 267

8.2 Capacity
A 2017 study which focuses on the efficiency of the Nigerian Ombudsman in the 2010-2015 period,
particularly in Anambra State, concluded that the PCC has failed to effectively address cases ofviolation of fundamental human rights of public servants, and that the Ombudsman is hampered in
his/her activity by undue government interference. 268 In October 2016, the PCC´s offices nationwide
were closed because of its inability to pay full salaries to its workers, after struggling with neglect onpart of the government for nearly a year. 269
In June 2018, the PCC agreed to cooperate on the dissemination of its activities with the Federal Radio
Corporation of Nigeria. 270 The new PCC Commissioner of Anambra State, Prince Sam Nwosu, met with
the Director of the Department of State Services – Nigeria´s primary intelligence agency – Yusuf Ishaku
and the Speaker of the Anambra State House of Assembly, Rita Maduwagu, in order to ´facilitate astrategic partnership that would help the commission discharge its functions smoothly´, receiving
assurances from their side in this regard. 271
On 9 August 2018, the PCC Chief Commissioner stated that due to the lack of funds, investigation andresolution of cases in 2018 is being hindered, and that a lack of vehicles causes issues with mobility. 272
A day later, the 36 immediate past state commissioners of the PCC promised to support theombudsman ´with their expertise to ensure its development´. 273 The same month, the Niger State PCC
announced that since its beginning in 1999, it has received 23 425 cases, of which it had been able totreat 23 146. About 277 were ongoing. 274

8.3 Integrity
In February 2018, the PCC was queried by the House of Representatives Public Accounts Committee
over expenses incurred in 2013 and 2014 totalling 27.3 million Naira. The panel called the spentamount ´unjustifiable´ as ‘two companies hired to carry out separate contracts by the commission
were paid 22 million Naira, although there was no evidence to prove that the contracts were done.’ 275

266 Nigeria, Public Complaints Commission Act, 16 October 1975, url,

267 Premium Times, We’ve no money to work – Public Complaints Commission, 9 August 2018, url

268 Osegbue, C. and Madubueze, M., ‘The Ombudsman And Administration Of Justice In Nigeria; A Study Of Anambra State -2010-2015’, April 2017, url
269 Premium Times, Nigeria´s Ombudsman shuts down, unable to pay salaries, 20 October 2016, url
270 Vanguard, PCC to collaborate with FRCN on information dissemination, 27 June 2018, url
271 This Day, We Fight Corruption in Peculiar Way, Says Anambra Commissioner, 7 June 2018, url
272 Premium Times, We’ve no money to work – Public Complaints Commission, 9 August 2018, url
273 Today, Ex-commissioners to support public complaints commission, 10 August 2018, url
274 Daily Trust, Public Complaints Commission resolves 23, 146 cases in Niger, 1 August 2018, url
275 Daily Trust, Reps query complaints commission over N27m expenses, 2 February 2018, url

EASO COUNTRY OF ORIGIN REPORT: NIGERIA – STATE ACTORS OF PROTECTION— 47

The companies in question were Ore-Ayo Global Services Limited and Yabri Njem Enterprises, whichwere contracted to evaluate investigation cases in the sum of 12 million Naira and 10 million Nairarespectively. According to the PCC´s Executive Secretary, the contracts were done. As the PCC failed
to justify its expenditures, it was ultimately directed to refund the 22 million Naira and also remove
officers who allegedly ‘played roles in a certain foreign training exercise during which bogus amounts
were claimed as expenses.’ 276

276 Premium Times, Financial irregularity: Reps direct PCC to refund N22 million, 2 February 2018, url

48 —EASO COUNTRY OF ORIGIN REPORT: NIGERIA - STATE ACTORS OF PROTECTION

9. National Agency for the Prohibition of
Trafficking in Persons (NAPTIP)
9.1 General
As implied by its name, NAPTIP is Nigeria´s principal agency to combat human trafficking. It was
created on 14 July 2003 by the Trafficking in Persons (Prohibition) Enforcement and Administration
Act 2003, which was amended in 2005 and repealed in 2015, substituted by the Trafficking in Persons(Prohibition), Enforcement and Administration Act 277 (hereinafter referred to as the 2015 Act).
NAPTIP´s main tasks are to suppress human trafficking, investigate and prosecute its perpetrators andoffer a range of protection services to victims of the crime, including temporary sheltering,counselling, rehabilitation, reintegration and access to justice. 278 Foreign victims have access to thesame services as domestic victims. 279 NAPTIP is present in nine zonal commands 280, which are in turnresponsible for all 36 states of the country (see below: Structure and staff) and the Federal Capital
Territory. 281 Specifically, the Agency has the power to 282:
•
•
•
•
•
•

‘Investigate whether any person, body or entity has committed an offence under this[2015] Act or the offence of trafficking under any other law.
Enter into any premises, property or conveyance for the purpose of conducting
searches in furtherance of its functions under this Act or under any other law.
Arrest, detain and prosecute offenders under this Act or any other law on trafficking inpersons in Nigeria.
Trace, seize, detain or retain the custody, for the purpose of investigation andprosecution, of any property which the Agency reasonably believes to have been
involved in or used in the commission of offences under this Act or any other law.
Seal up premises upon reasonable suspicion of such premises being involved with orused in connection with offences under this Act.
Seek and receive information from any person, authority, corporation or company
without hindrance in respect of the enforcement of any of the provisions of this Act.’9.1.1 Appointment of the governing board
The 2015 Act establishes a part-time governing board consisting of a board chairman, two
representatives of civil society organisations involved in matters relating to trafficking in persons, anda representative from each of the seven following institutions or agencies: the Federal Ministry ofJustice, Federal Ministry of Women Affairs, Federal Ministry of Labour and Productivity, Nigeria Police
Force, National Intelligence Agency, Nigeria Immigration Service, and the National Planning
Commission. The Director General is also the Chief Executive Officer and Chief Accounting Officer of
NAPTIP and serves as the Secretary to the Board. 283

277 Nigeria, NAPTIP, About Us, n.d., url

278 Nigeria, NAPTIP, About Us, n.d., url; NAPTIP, Counselling and Rehabilitation, n.d., url

279 US DoS, 2018 Trafficking in Persons Report – Country Narratives – Nigeria, 28 June 2018, url
280 Nigeria, NAPTIP, Organizational Structure, n.d., url
281 Nigeria, NAPTIP, Zonal Commands, n.d., url
282 Nigeria, NAPTIP, About Us, n.d., url

283 Nigeria, NAPTIP, Organizational Structure, n.d., url

EASO COUNTRY OF ORIGIN REPORT: NIGERIA – STATE ACTORS OF PROTECTION— 49

According to the 2015 Act, the chairman and other members of the board are appointed by thepresident on the recommendation of the minister of justice. Members of the board, including thechairman, serve a four-year term in office and may be re-elected for another term of four years andno more. 284

9.1.2 Structure and staff
NAPTIP is supervised by the Federal Ministry of Justice. According to its website, it consists of eightspecialised departments (Investigation and Monitoring, Legal and Prosecution, Counselling andRehabilitation, Public Enlightenment, Research and Programmes Development, Training andManpower Development, Administration, Finance and Accounts), five units (Procurement, Press andPublic Relations, Intelligence and International Cooperation, Audit, Reforms), and has nine zonal
commands covering the country´s geopolitical zones. 285
The zonal commands are located in Lagos, Benin, Enugu, Uyo, Sokoto, Kano, Maiduguri, Osogbo and
Makurdi, and the Agency also has a liaison office in Port Hartcourt. 286 Lagos Command covers Lagos,
Ogun and Oyo States 287; Benin Command covers Edo and Delta States 288; Enugu Command covers
Abia, Anambra, Ebony, Imo and Enugu States 289; Uyo Command covers Akwa Ibom, Bayelsa, Cross
River and Rivers States 290; Sokoto Command covers Sokoto, Kebbi and Zamfara States 291; Kano
Command covers Kano, Kaduna, Katsina, Jigawa and Bauchi States 292; Maiduguri Command covers
Adamawa, Borno, Gombe, Taraba and Yobe States 293; Osogbo Command covers Osun, Ondo and Ekiti
States 294; and Makurdi Command covers the states of Benue, Kogi, Nassarawa, Plateau, Taraba andKwara. 295
Among NAPTIP´s departments, the arguably most relevant ones in relation to protection are theCounselling and Rehabilitation department and the Investigation and Monitoring department. The
Counselling and Rehabilitation department collaborates with relevant government ministries,
agencies, NGOs and development partners. It is divided into four sections and two units: theProgramme Development Section (programme development, policy formulation and mainstreaming
gender in NAPTIP´s activities); Rehabilitation Section (direct assistance to trafficked persons, including
counselling and rehabilitation); Shelter Management Section (day-to-day operation of the shelter
facilities); NGO Section (coordination of relationship between NAPTIP and relevant NGOs); Medical
Unit (medical care for the victims and coordination of relationship with other healthcare service
providers); and Coordination Unit (coordinates and documents all the activities of the department). 296
The Investigation and Monitoring Department handles the investigations of cases of human trafficking
for sexual or labour exploitation and violence against persons. Aside from its director and regular
officers, its personnel include seconded officers from the National Police Force, the Nigeria
Immigration Service, Defence Intelligence Agency and Nigeria Security and Civil Defence Corps.
NAPTIP´s zonal commands each have a functional investigation unit and are manned by aninvestigation officer (Head of Operation) supervised by the zonal commander, who in turn reports to
284 Nigeria, Trafficking in Persons, (Prohibition) Enforcement and Administration Act, 2015, 30 March 2015, url, Art. 3 (3)285 Nigeria, NAPTIP, Organizational Structure, n.d., url
286 Nigeria, NAPTIP, Organizational Structure, n.d., url
287 Nigeria, NAPTIP, Lagos Command, n.d., url

288 Nigeria, NAPTIP, Benin Command, n.d., url

289 Nigeria, NAPTIP, Enugu Command, n.d., url
290 Nigeria, NAPTIP, Uyo Command, n.d., url

291 Nigeria, NAPTIP, Sokoto Command, n.d., url
292 Nigeria, NAPTIP, Kano Command, n.d., url

293 Nigeria, NAPTIP, Maiduguri Command, n.d., url
294 Nigeria, NAPTIP, Osogbo Command, n.d., url

295 Nigeria, NAPTIP, Makurdi Command, n.d., url

296 Nigeria, NAPTIP, Counselling and Rehabilitation, n.d., url

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the Director General. The Department has other units and sub-units, namely the National Monitoring
Centre responsible for Call Centre and Data Processing, Asset and Financial Investigation, Surveillance,
Forensics, Detention and Release, Exhibits, Security and Squads. 297

9.2 Capacity
NAPTIP employs various methods for its investigations, such as proactive investigation, reactive
investigation, disruptive operations, surveillance and joint operations and other intelligence
cooperation mechanisms. 298
The US DoS 2018 report on human trafficking mentions that during its reporting period (April 2017 toMarch 2018), NAPTIP received significantly more funding from the government, its budget raised by
86 % over the previous year. 299 Despite this increase, the report states that the agency did not havesufficient resources given the scale of the problem. For example, NAPTIP did not have resources tocarry out sufficient proactive anti-trafficking operations, and its officers were often concentrated instate capitals, thereby hindering identification and investigation of trafficking in rural areas. 300
In 2017, the government allocated approximately 3.14 billion Naira (approximately EUR 7.5 million)
to NAPTIP. This represented a significant increase from the 1.69 billion Naira (approximately
4.0 million EUR) allocated in 2016. Although NAPTIP is mandated to care solely for victims of crimes
under the 2015 anti-trafficking law, the government often referred victims of other crimes to NAPTIP
as well, thereby reducing its capacity to care for trafficking victims. 301
NAPTIP´s headquarters in Abuja and all the zonal commands have transit shelters for the purpose of‘catering to the physical and psychological well-being of victims of trafficking.’ 302 While NAPTIP´swebsite only lists eight such shelters 303, the US DoS 2018 trafficking report states that NAPTIP
operates ten shelters (i.e. corresponding to the number of zonal commands plus Abuja) which have a
total capacity of 315 people. 304 The maximum length of stay in shelters is six weeks. If a longer stay isrequired, the person is referred to the shelters owned by collaborating NGOs. 305
Continued reports of sexual exploitation of IDPs in the north-east in 2017 led NAPTIP to partner withan international organisation to create and implement a screening and sensitization campaign to
identify sex trafficking victims.’ Although NAPTIP prosecutors regularly sought restitution in trafficking
cases, the Agency did report that it would not successfully receive restitution for victims in any cases.
This was reportedly mainly because judges were ‘unfamiliar with that provision of the anti-trafficking
law’. 306
A new Director General of NAPTIP, Barrister Julie Okah-Donli, was appointed in April 2017 and NAPTIP
continued to lead government efforts to combat trafficking, as well as drafting a 2018-2023 national
action plan and awareness campaigns at schools, churches, and transit centres. It also ´significantly
expanded´ media outreach via television and radio to educate the public on the issue of humantrafficking. 307 To tackle the rise of trafficking of Nigerian women and girls to Europe in 2017, NAPTIP
297 Nigeria, NAPTIP, Investigation and Monitoring, n.d., url
298 Nigeria, NAPTIP, Investigation and Monitoring, n.d., url

299 US DoS, 2018 Trafficking in Persons Report – Country Narratives – Nigeria, 28 June 2018, url
300 US DoS, 2018 Trafficking in Persons Report – Country Narratives – Nigeria, 28 June 2018, url
301 US DoS, 2018 Trafficking in Persons Report – Country Narratives – Nigeria, 28 June 2018, url
302 Nigeria, NAPTIP, Organizational Structure, n.d., url

303 Nigeria, NAPTIP, Counselling and Rehabilitation, n.d., url

304 US DoS, 2018 Trafficking in Persons Report – Country Narratives – Nigeria, 28 June 2018, url
305 Nigeria, NAPTIP, Counselling and Rehabilitation, n.d., url

306 US DoS, 2018 Trafficking in Persons Report – Country Narratives – Nigeria, 28 June 2018, url

307 Nigeria, NAPTIP, New NAPTIP Boss Assumes Office, 5 August 2017, url; US DoS, 2018 Trafficking in Persons Report –Country Narratives – Nigeria, 28 June 2018, url

EASO COUNTRY OF ORIGIN REPORT: NIGERIA – STATE ACTORS OF PROTECTION— 51

began stepping up efforts in October 2017 (being backed with a 7 million pound aid package from theUK´s foreign aid department in December), mainly via more aggressive awareness campaigns and by
rewarding whistleblowers with shares of traffickers´ gains. 308
The summary report for 2017 states that NAPTIP received in total 876 cases that year, 148 of which(16.9 %) were fully investigated. Most received cases concerned foreign travel promoting prostitution(217), child domestic labour employment (161) and procurement of persons for sexual exploitation(120). 309 According to the US DoS, during the period from April 2017 to March 2018, NAPTIP received
662 cases for investigation, completed 116 investigations, prosecuted at least 43 suspects in 43 cases,
and convicted 26 traffickers, compared with 654 cases for investigation, 24 prosecutions, and 23
convictions the previous 12 months. Although NAPTIP reportedly investigated two cases of sexual
exploitation of IDPs, which were identified through NAPTIP’s sensitisation and screening campaign,
NAPTIP was unable to investigate or prosecute accusations of trafficking perpetrated by military or
law enforcement personnel. Both NAPTIP and the police reported addressing the crime of using childsoldiers was not within their mandates. 310
The total number of received cases since the Agency´s inception 311 till the end of 2017 reached 5 496.
Moreover, during that period, 1 890 victims, predominantly females, were rescued (raising the total
to 12 360), 1 799 of which originated from Nigeria, mainly from Edo State (353 – 19.6 %), Delta State(189) and Benue State (118). 312
According to a July 2018 statement by NAPTIP, at least 41 persons countrywide have been convictedin the past one year for various forms of human trafficking and 359 people have been convicted over
NAPTIP´s 15 years of operation. More than 3 500 Nigerians were rescued from Libya over the same
period. Despite making ´thousands of arrests´ in the last 15 years, many investigations andprosecutions are still ongoing. 313 NAPTIP also stated that since its inception, it has rescued about
5 000 victims of human trafficking, with some 500 in 2018 alone in the Benin Zonal Command covering
Edo and Delta States. Around 3 500 human trafficking victims were rescued during covert operationsin this zonal command between 2003 till December 2017. 314
In 2017, NAPTIP penalised and referred three exploiters for prosecution, despite identifying 606 childlabour violations that year. 315

9.3 Integrity
In November 2017, NAPTIP inaugurated the five-member Anti-Corruption and Transparency Unit
(ACTU), which has existed in the agency since 2009 and is part of the Reforms Unit. 316 The ACTU´smandate it ‘to among other responsibilities ensure zero tolerance to corruption practices by theofficers of the agency, monitor reports on and proper advice with respect to compliance with theprohibitions covering corrupt behaviour.’ 317

308 VOA, Nigeria Ramps Up Crusade Against Human Trafficking, 5 December 2017, url
309 Nigeria, NAPTIP, 2017 Data Analysis Final, June 2018, url, p. 2

310 US DoS, 2018 Trafficking in Persons Report – Country Narratives – Nigeria, 28 June 2018, url
311 NAPTIP was created in 2003.

312 Nigeria, NAPTIP, 2017 Data Analysis Final, June 2018, url, p. 2

313 Guardian, The, 41 persons convicted for human trafficking offences – NAPTIP, 30 July 2018, url; Guardian, The, ‘NAPTIP

convicted 359 human traffickers in 15 years, rescued 3,500 from Libya, 31 July 2018 url
314 Vanguard, 3, 500 victims of human trafficking rescued by Naptip, 11 April 2018, url; Vanguard, We’ve rescued over 500
human trafficking victims in Edo — NAPTIP, 31 July 2018, url
315 US DoS, 2018 Trafficking in Persons Report – Country Narratives – Nigeria, 28 June 2018, url
316 Leadership, NAPTIP Inaugurates 5man Anti-Corruption Unit, 29 November 2017, url; NAPTIP, Reforms Unit, n.d., url
317 Leadership, NAPTIP Inaugurates 5man Anti-Corruption Unit, 29 November 2017, url

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On 21 September 2018, NAPTIP announced that the Attorney-General of Justice had approved theagency’s proposal to fire six officers, oblige one other officer to retire, and sanction two others for‘various offences that were inimical to the operations of the Agency’. 318
According to the US DoS 2018 trafficking report, ‘a foreign government reported to NAPTIP a Nigerian
diplomat who attempted to secure a visa for their domestic employee by posing as a family member—an indicator of trafficking; neither NAPTIP nor the Ministry of Foreign Affairs reported conducting an
investigation or taking disciplinary action against the suspect’, and ‘NAPTIP authorities sometimes
deemed adults in prostitution, who claimed to be working voluntarily, trafficking victims and detained
them in shelter facilities against their will.’ 319

318 Nigeria, NAPTIP, Six, 6 NAPTIP Officers Sacked For Corruption, Unproffessional Conducts, 21 September 2018, url,
319 US DoS, 2018 Trafficking in Persons Report – Country Narratives – Nigeria, 28 June 2018, url

EASO COUNTRY OF ORIGIN REPORT: NIGERIA – STATE ACTORS OF PROTECTION— 53

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Vanguard, Senate confirms NHRC boss, NERC chairman, 17 April 2018https://www.vanguardngr.com/2018/04/senate-confirms-nhrc-boss-nerc-chairman/, accessed 16
June 2018
Vanguard, We’ve rescued over 500 human trafficking victims in Edo — NAPTIP, 31 July 2018https://www.vanguardngr.com/2018/07/weve-rescued-over-500-human-trafficking-victims-in-edonaptip/, accessed 16 August 2018
VOA, Nigeria Ramps Up Crusade Against Human Trafficking, 5 December 2017https://www.voanews.com/a/nigeria-working-to-stop-human-trafficking/4151273.html, accessed 7
June 2018
World Bank, Armed forces personnel, total, n.d.
http://data.worldbank.org/indicator/MS.MIL.TOTL.P1?locations=NG, accessed 3 May 2018
WBF (World Prison Brief), Nigeria, n.d. http://www.prisonstudies.org/country/nigeria, accessed 28
September 2018

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Annex 2: Terms of Reference
1. Overview
A. Constitution and state structure
B. Sources of Nigerian law
a. English common law
b. Islamic law
c. Customary law
C. Legislative reform
2. Nigeria Police Force
A. General
Current legal framework, structure and authority
B. Police capacity
Resources
Training and recruitment
Performance evaluation system (Efficiency)
Crime statistics (general criminality)
C. Police integrity
Access to the NPF
Performance evaluation system (Integrity)
Corruption
Abuse of power, ill treatment and use of excessive force
Oversight and legal safeguards against police abuse
3. Nigerian Armed Forces
A. General
Legal framework, structure and authority (specify mandate - protection of civilians)
B. Capacity
Resources
Training and recruitment
Performance evaluation system (Efficiency)
C. Integrity
Access to NAF
Performance evaluation system (Integrity)
Corruption
Abuse of power, ill treatment and use of excessive force
Oversight and legal safeguards against abuse
4. Department of Public Prosecution
A. General
MandateStructure
B. Capacity
Resources
Qualification and training

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C. Integrity
Access to the Department of Public Prosecution
Political independence / appointment
Possibility to complain against a prosecutor’s action
Corruption
Confidence / trust
5. Courts
5.1 Federal courts
A. General
Structure (including levels of appeal)
B. Capacity
Resources
Appointment procedure and tenure of judges
Training of judges
Caseload, case allocation and backlogs
C. Integrity
Independence of the judiciary
Access to courts
Fair trial
Corruption
Disciplinary system for judges
Confidence / trust in the judiciary
Implementation of court rulings
5.2. State courts
A. General
Structure
B. Capacity
Resources
Appointment procedure and tenure of judges
Training of judges
Caseload, case allocation and backlogs
C. Integrity
Access to courts
Fair trial
Independence of the judiciary
Corruption
Disciplinary system for judges
Confidence / trust in the judiciary
Implementation of court rulings
6. National Human Rights Commission (NHRC) of Nigeria
A. General
MandateAppointment of the Executive Secretary
Structure and staff – federal and state level

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B. Capacity
Resources
Actual impact
C. Integrity
7. Public Complaints Commission – The Nigerian Ombudsman
A. General
MandateAppointment of the Chief Commissioner
Structure and staff – federal and state level
B. Capacity
Actual impact
C. Integrity
8. National Agency for the Prohibition of Trafficking in Persons (NAPTIP)
A. General
MandateAppointment of the Governing Board (including the Board Chairperson)
Structure and staff – federal and state level
B. Capacity
Actual impact
C. Integrity

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doi: 10.2847/855615