*Wants Ibrahim Magu disqualified from confirmation

“The undue delay by the Nigerian government most especially the office of the Federal Attorney General  to constitute an independent panel of Investigators to probe reported death of suspects in EFCC cells may result in international legal embarrassment for President Muhammadu Buhari’s administration”.

Besides, the frontline Non-Governmental Organization- Human Rights Writers Association Of Nigeria (HURIWA) which made the observation has therefore asked President Muhammadu Buhari to withdraw his letter praying for the confirmation of the acting Chairman of Economic and Financial Crimes Commission (EFCC) Mr. Ibrahim Magu from the National Assembly until a final determination of the allegations of serial torture in EFCC cells across Nigeria is reached.

The Rights group said in the past there were reports in some quarters of systematic torture of suspects in EFCC cells even as it rated the suspicious death of a senior staff of Defence ministry Mr. Desmond Nunugwo in EFCC cell in Abuja as an international opprobrium with far reaching legal and financial implications. 

“This alleged torture which reportedly led to the untimely and suspicious demise in  the custody of EFCC of Mr Nunugwo is a grave  blight in our national conscience and this therefore calls for punitive action against officials of EFCC should an autonomous panel of experts drawn from Nigeria, African Union and the United Nations Human Rights Council determine the exact cause of this obviously suspicious death of a young who the wife stated was healthy and hearty before he was whisked off by EFCC operatives in a Gestapo format”.

In a statement to the media signed by the National Coordinator Comrade Emmanuel Onwubiko and the National Media Affairs Director Miss Zainab Yusuf, HURIWA said a wrongful death claim can be made if an actionable matter is filed in the international judicial forum under binding international law against Nigeria.

It also might affect the global standing of President Muhammadu Buhari who has indicated that his administration will not tolerate torture, cruel and inhumane treatment under his watch. 

The group reminded the Nigerian Presidency of a raging controversy over a letter by a US Congressman to the Secretary of State of the USA Senator John Kerry against his alleged dictatorial style.

It has, therefore, urged President Muhammadu Buhari to take special interest in eradicating torture within the EFCC and other law enforcement agencies. 

HURIWA stated: “Notably the United Nations General Assembly adopted in December 2005 the “Basic principles and guidelines on the right to a remedy and reparation for victims of gross violations of international human rights law and serious violations of international humanitarian law” (the Basic Principles and Guidelines”. 

This instrument confirms that, under international law, there is a clear right to a remedy and reparations for victims of gross violations of international humanitarian law. 

The victims’ right to redress includes access to an effective procedural remedy and adequate forms of reparations. “(Redressing torture: a genealogy of remedies and enforcement, by Gabriela Echeverria.)”

Citing a decided international litigation titled ‘factory at Chorzow, Jurisdiction, Judgment No. 8, 1927, P.C.I.J., Series A, no. 17, p.29;’ the Rights group stated thus: 

“The right to reparation for victims of torture and other human rights/international humanitarian law violations which exists under international law”. 

“Reparation is a fundamental principle of general international law. 

“As established by the Permanent Court of International Justice and upheld by international jurisprudence, the breach of an international obligation entails the duty to make reparations”, HURIWA submitted.  

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