Forensic Investigation of alleged killings of Protesters in Nigeria

The past few days in the country have been one of the most tensed and uncertain in living memory. The alleged violent disruption of ongoing protests against police brutality and related issues by the security forces, who allegedly shot at the protesters, especially in Lagos, has generated both national and international furore and condemnation. The news media is awash with different accounts of the incidents, and some protesters were reportedly killed in other parts of the country. And tension is rising by the day. 

The different accounts in social media, including apparent misinformation and possibly fake news, have complicated the situation. People need to know what happened. Did the protesters suffer injuries, either non-fatal or fatal, from the alleged shooting by the army, as suspected? How many died? Where are the bodies of deceased persons? Has post mortem (PM) examination been carried out in line with existing Death Investigation Law of the jurisdiction? What are the PM findings? Are the findings able to clarify the mechanism of injury causation and support some reconstruction of the incidents? Are there forensic facilities, at the national or state levels, with requisite modern tools and expertise to undertake these tasks? Is the world ever going to know the facts of the alleged killings of peaceful protesters in some parts of the country?

In a globe where it is becoming increasingly difficult to separate facts from fiction, credible evidence is required, and forensic investigation is a veritable means of achieving it. The world needs factual answers on the alleged shooting of peaceful protesters at Lekki in Lagos. The relevant authorities need to follow through on this pathway. However, it is doubtful this tract will lead to any credible and definitive answers given the constricted forensic content.  It underscores the value of investing in forensic capacity. Facts!

Police Brutality in Nigeria: Violence is NOT the Answer to Violence

Changing Trends

The protests against police brutality, which started early October 2020, have gained national and international recognition and traction, and there are little signs the struggle is abating. In recent times, there are reports of violence against fellow citizens going about their businesses. Some images of alleged damage to property, especially vehicles of individuals, and government agencies, are on social media. There are also reports, in a few places, of the threat of violence against ordinary people caught up in the milieu. 

Fundamentals

In a democratic society, there should be freedom of expression, and people should be able to protest against any policies or programmes that are not acceptable. Such civil expression is a hallmark of real democracy which must be upheld at all times. Protesters should be protected and allowed the environment to express their views and disapproval of any situation, such as in the ongoing "ENDSARS protests", the signature for an end to all forms of police brutality and corruption in the country.  It is equally essential that the demonstrations are peaceful and devoid of harassment and violence against members of the public or government officials or property.

Dynamics

So far, most of these protests across the nation are peaceful and should remain so. However, there is an allegation that some elements may have infiltrated the demonstrations to foment trouble and discredit the struggle with instances of alleged armed thugs attacking the protesters and other members of the public. Concerned authorities will need to support the peaceful protests by working with the organisers of this genuine struggle in fishing out bad actors that are stirring up trouble and may attempt to hijack the process. The Nigerian youth want to have a future. They need a tomorrow where they can move about freely without hindrance, harassment and brutality; where there will be equal opportunity to grow and develop; and a future where there won't be any need to be connected to the politicians and the corridors of power before they could make a living. The youth are demanding for merit, equity and justice.

Insight

Therefore, "ENDSARS protest" is a symbol of a more profound struggle for survival and not a call to violence. Whether on the protesters' or the government's side, any resort to violence will be counterproductive as it'll set the entire process and whole nation backwards. The toll on human lives and property will be catastrophic. 

Violence is NOT the answer. #ProtestsNotViolence.

Police Brutality in Nigeria: SARS to SWAT; What's in a Name?

What's the focus? 

When the country announced the disbandment of the ill-famed Special Anti-Robbery Squad (SARS) of the Police, it might have conveyed the impression that the problem was with the name. The acronym, SARS, may conjure up distressing imagery in the minds of Nigerians, especially those who had received a raw deal in the hands of the officers from this unit. No one could argue against the need for a special anti-robbery squad to combat the incessant armed robbery attacks and other violent crimes in the country. It's trite to state the police are for law enforcement in maintaining law and order in the society, and it's not in question that society needs a functional and effective police system.

The sudden announcement of the formation of another special unit, the Special Weapons and Tactics (SWAT) by the police authorities, within a short time, may have betrayed some misunderstanding of the whole essence of the protest against police brutality. SARS is merely a metaphor for the abuses citizens suffer in the hands of the police. SARS is emblematic of the lack of police accountability to the people and the pervasive acts of impunity. SARS is the point of contact in registering grievances against the mode of operation of the police in the country. The problem is not in the name; the issue is in what the word represents. 

What's needed?

Accountability matrix. Citizens can no longer rely on the goodwill of some police officers to always act in the interest of common good at all times. People want to see credible and transparent mechanisms of holding every police officer, who may wish to operate outside of the norm, to account at all times in all places. A verifiable means of registering complaints of misconduct against the police and means of tracking action taken by the concerned authorities and eventual redress will be a significant step forward. 

Generally, people don't trust the police anymore. Officers of the law must begin to conduct themselves in such a manner that the long process of restoring the confidence of citizens in the police could commence. Therefore, building trust is a top priority.

SARS to SWAT tone-deaf?

It appears the loud cries from the protests against police brutality may not be reaching home. Announcing the formation of another particular police unit, the SWAT, would in the minds of most Nigerian naturally translate to another licence to high handedness by another police "elite" group.  To ordinary citizens, "elite" means being above the law, abuse of power and corruption, and to operate with impunity. And creating such similar units within a couple of days following the disbandment of SARS and while protests against police brutality are still ongoing appears insensitive and tone-deaf. A good deal of time and commitment should have been invested in building trust through the practical demonstration of respect for civil rule by the police. 

Disbandment of SARS has not ended police brutality. It is instructive to know that citizens are still experiencing police high-handedness and brutality amid ongoing protests despite the ban on SARS. In every police officer, there is a "SARS" waiting for the opportunity to unleash on defenceless citizens. Wouldn't a better approach be first to announce some concrete, credible and acceptable measures at redressing the brutality and injustice meted out to people by SARS units in particular, and the police in general, and then engage stakeholders, including the civil society on the best practices in policing, including real-time monitoring of subsequent police actions and interaction with the populace?

What to do?

There are no easy answers to the problem bedevilling the police and policing in Nigeria. The police need to be transparent about their recruitment processes of the right profile, merit-based promotion and procedures guided by standards. There is an urgent need to embrace the theory and practice of community policy in gaining the trust of the people. Officers, including their superiors, who have been accused of abusing their powers and other forms of corruption, should be thoroughly investigated by an independent investigative panel. Those indicted should be prosecuted per the law. There should be a clear statement and official policy, backed by visible actions, that it is no longer business as usual; that police brutality and corruption cannot be tolerated anymore. The police should also be supported and provided with the necessary tools, current knowledge and skills required for the difficult work of policing in the contemporary world.

Police Brutality in Nigeria: Officers under the Influence

Context

It's hard to be a police officer anywhere in the world, and I would add, frustrating to be one in Nigeria. With inadequate equipment and poor condition of service, officers grumble openly about their plight and are quick to project their anger and frustration on the hapless citizens. And tackling armed robbery, armed banditry and other forms of violent crimes in the country, often comes at a grim cost: the death of officers in uniform. The nation shrugs it off as one of those "unfortunate" incidents and moves on, but it's a complete loss and tragedy for their loved ones. And the gory tales, of their families and dependents, of apparent abandonment by the concerned authorities and dismal compensation, echo the misery of life being nasty, brutish and short for an ordinary officer.

Contrary to standard procedure, officers are not usually provided necessary debriefing, including a psychological evaluation, after engaging in operations that result in fatalities, including the loss of their colleagues in action. The prevailing culture sees it as a sign of weakness to ask for help regarding any psychological disturbances or mental health issues. Everyone is expected to "man up" and move on. Of course, some officers tend "man up." with alcohol, drugs and other behaviours that put them and the general populace at risk. There are police protocols, including handling of traumatic events, in line with standard practices. In Nigeria, these should not only exist in the text but also, more importantly, is implemented and appraised. Appropriate briefing and debriefing sessions following police operations should be a standard procedure, and availability of adequate mental health assessment and support is imperative. 

Forensic Toxicology

It is not uncommon to see police officers, especially those in the select units like the now disbanded SARS, with bloodshot eyes and breath that is retching with alcohol. It is a piece of common knowledge that officers abuse alcohol and other drugs, even while on duty and in the open! It is easy, and justifiable so, to focus on such odious and unprofessional acts, because the cost of miscalculation or impaired judgment on the part of a law officer is tragic. However, the brutality unleashed on citizens by the police may not be unconnected with their state of mind and impaired capacity to make a sound decision in the various circumstances.

Is there an alcohol and drug testing protocol in the Nigeria Police, including pre-recruitment and random in-service testing? No. My interaction with police officers indicates such functional protocol does not exist. There is no robust government forensic toxicology testing in the country, even to support routine forensic death investigation and clinical forensic caseloads, in the course of the police investigation. It is not a piece of evidence that will survive any challenge to say those police officers appear drunk while at work. There must be a system in place to document and check abuse of alcohol and drugs by officers of the law, who are meant to uphold law and order. Evidence is required—forensic toxicology beckons.  

Action

The police operating under the influence of alcohol or drugs is both a red flag and a red line. Therefore, the process of accountability needs to dive deeper into all the existing police procedures and apply necessary measures.  And it must also include sufficient emphasis on the officers and their overall state of health, be it physical, mental and social.

Police Brutality in Nigeria: a Way Forward

Déjà vu!

I'm afraid there are no quick fixes to the problem of police brutality in Nigeria. A holistic approach is imperative if there were going to be any sustainable changes in the manner of operation of the police to align with respect decency and human rights. Outrage and protests against police savagery had occurred in the past, and some similar reactions emanated from concerned authorities.  It ended mostly on headlines and public pronouncements. If they were real changes, we would not be at this juncture anymore.  

The latest protest, galvanised by the viral video of the alleged extrajudicial killing of a young male by the Special Anti-robbery Squad (SARS), which eventually resulted in the banning of this particular unit of the Nigeria Police, is just one of horrid stories of the torture, viciousness and impunity that many Nigerians have undergone in the hands of the officers. It appeared there was a total breakdown of any mechanism for accountability and check and balances in SARS. Officers in these units operated as police, prosecutors and judges rolled into one. It is not uncommon for members of the team to openly threaten to "waste your life" (a flippant disregard to the sanctity of life, where it is so cheap to be "wasted" or killed at whims without repercussion) if one does not "cooperate" with them, a tainted expression for bribery and extortion. It had reached such an extent that citizens who encountered these officers felt robbed at gunpoint by the very people who were paid to protect them from armed robbers. Such was the sad irony of the Police SARS. Numerous accounts from citizens of the various forms of brutality and brazen abuse of power by SARS abound.

However, it is crucial to realise that while attention is presently focused on SARS, there is also systemic corruption, recklessness and impunity in the regular police and other security operatives, including the military. It is, therefore, a situation that requires a systemic approach in dealing with the dysfunction and restoring the confidence of citizens in the police and other security operatives. In the line of my work as a forensic pathologist, I have come into contact and worked with many police offices, mainly in the course of forensic death investigation, and sexual violence. There are a good number of officers who are committed to operating within professional and ethical boundaries, and I have the opportunity of working with them. There are equally some who are emblematic of police corruption and abuse of power. It is, therefore, not a blanket condemnation of the entire Nigeria Police, nor is it a validation of the regular police or other non-SARS units in the police. Instead, it is a call to take a lot at the structures in place, from police recruitment, training and retraining, deployment, welfare and dignity, and related considerations. Dissolution of SARS and redeployment the same scurrilous officers to other units of the police is simply a change of address. Only a fundamental shift in the structure and function of the police may yield the needed result. And it is not impossible to attain. The outcome will be better, both for the police and citizenry.  

Police Recruitment

There is increasing literacy level in the country, and this should reflect in the educational standard set for police recruitment, especially among the rank and file, who do most of the policing in the community. It is alarming the number of police officers at checks points and on the streets, who are unable to communicate in English, which is the official national language of government transaction. Many of the barely literate police officers, both regular and SARS, take offence to "speaking grammar" because of inherent limitation, both in literacy and communication skills. And things have gone wrong on that note. Upgrading the entering education level for federal police officers, who are usually posted around the country for service, will be a significant step in attracting a generation of police officers who are confident and can relate with members of the society, without complexes. Some proficiency in the three major languages in the country should also be part of the recruitment requirement since there is no state police in Nigeria. It is an invitation to disaster to recruit officer, who could barely communicate in English and are not proficiency in other major local languages and yet are posted to other parts of the country to interact with the citizens. Presently, such interaction often results in violence and police brutality. Communication skills, as a pre-recruitment condition, cannot be overemphasised.  

The quality of background checks in Nigeria before recruitment is questionable. A robust system of background checks, preferably by an independent agency or commission, should be carried out as a critical bridge that must be crossed before a person is recruited into the police. Internal security is weaved into the fabric of all endeavours in society. Therefore, the recruitment of officers, who will be charged with the responsibility of maintaining law and order across the country, should be based on a background devoid of criminal or criminal-like activities or associations. It is so integral to the essence of a civil society that nepotism and other extraneous considerations inimical to a sustainable system must not be a feature in the recruitment of officers. Sadly, such appears to be the trend in all aspects of our national life, and it is not a surprise we have a police service that essentially reflects the state of affairs. 

Training and Retraining

The training of police, from the rank and file to the senior officers, should not only be on police procedures and techniques but also on contemporary subjects in all aspects of policing. What appears to be prominent in the present training format of the police is "inbreed training": training of the police by the police for the police. It minimises a crucial aspect that should involve civilian experts and non-experts on various subjects in the tricky work of engaging with people in the real world, where, unlike in security agencies, people don't necessarily obey "orders". Rather, they tend to query such dictates and demand for their rights. Social skills and emotional intelligence should be critical components of police training and retraining programmes. And it is almost impossible to achieve an optimal training outcome in a police officer, who does not possess adequacy literacy to comprehend such training. 

Police training and retraining programmes should also be contextualised. The usual recourse to "textbook" training without appropriate assessment of training needs and context is almost as ineffectual as it is mundane. It is, therefore, not surprising that despite all the resources and commitments to training, there is hardly a translation to positive impact in actual policing at the community level. There is also no visible mechanism in place for the evaluation of such training in actual practice by the police authorities. Training practically slides into a routine ritual, which is out of touch with present-day challenges and oblivious of the evolving issues in the community. To make up for this deficiency is more militarisation of the police with requests for more weapons, operational vehicles and related equipment, and high-handed approach with force and brutality against civilians. 

In an occasion, I asked a police officer, supposedly working in the particular unit attending to sexual violence, if they had received training on how to treat (including the approach to interview in an appropriate ambience) persons reporting alleged sexual assault, especially rape. Apparently, there was no such training, and obviously, no implementation of such skills. It is not surprising that citizens who are victims of sexual violence dread reporting to the police. The indignity, disrespect and re-traumatisation are all too common. Training and retraining of the police require an urgent reality check. 

Deployment

The federal system of policing in Nigeria means that officers are usually deployed to different parts of the country irrespective of their states of origin. This practice should be a strength as moving officers round the country for policing acquaints them with a broader knowledge and appreciation of people and their socio-cultural ethos. Police deployment to any locations should be matched with the required profile, including skills, and the community needs or peculiarity. Unfortunately, corruption, favouritism and other narrow interests appear to take centre stage in the current practice. Accountability takes the back seat, and impunity is elevated.

Welfare and Dignity

We must care for the police. The standard of living of the police rank and file is pathetic; a visit to any of the police barracks will reveal the deplorable state of housing and other essential amenities. The general condition of employment, including salary package, needs to be reviewed and upgraded. The police deserve a decent wage. Furthermore, the police stations should be equipped with the necessary facilities that will enhance the work they do. Police stations often claim they have no stationeries to take complaints, no fuel for operational vehicle to respond to a distress call, and not uncommonly, too hungry to take necessary action!

Police officers should be treated with respect and dignity. There is a need for scrutiny of how the police hierarchy manages funds earmarked for staff welfare and infrastructure. Throwing money at issue without first understanding the root cause(s) of the decay in the living and service conditions of the police may amount to stuffing the cesspit. For a sincere start, it is necessary to admit that the police rank and file is getting a raw deal in the current system. It is in our collective interest to demand that the welfare and dignity of the police are accorded due priority.