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Why Has Government Not Prosecuted Killer Herdsmen Who Have Turned Benue State Into A Theatre of War?: HURIWA Asks

…….A reflection on the missing Engineers in Ebonyi State

TEXT OF A MEDIA BRIEFING BY THE FOREMOST AND LEADING CIVIL RIGHTS ADVOCACY GROUP; HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA (HURIWA) ON THE KILLINGS IN BENUE STATE OF NIGERIA SINCE 2015 IN COMMEMORATION OF THE 2021 WORLD HUMAN RIGHTS DAY.

Introduction

Gentlemen of the Fourth Estate of the Realm, we humbly welcome you all to this media briefing organised in commemoration of the World Human Rights Day, 2021 by the prominent Civil Rights Advocacy group; HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA (HURIWA).

(1) As you all may be aware, Human Rights Day is observed every year on 10 December — the day the United Nations General Assembly adopted, in 1948, the Universal Declaration of Human Rights.

The theme for this year, is Reducing Inequalities and Advancing Human Rights. It relates to ‘Equality’ and Article 1 of UDHR, which says ‘All human beings are born free and equal in dignity and rights.’ The principles of equality and non-discrimination are at the heart of human rights.

However, HURIWA has chosen to apply the theme practically and in our context by reflecting on the series of killings by armed Fulani herders with special focus on Benue state of Nigeria.

This is completely our independent initiative in our capacity as a team of professionals who have no political affiliations but have come together to advance the single agenda of building a formidable and economically strong united Nigeria in addition to achieving just and equitable development in our dear country.

Why the interest in Benue state? You may ask! For the avoidance of doubt, we wish to stress here that we are interested in what is happening not only in Benue but also in Nasarawa, Plateau, Niger, Kogi, Taraba, Adamawa and, indeed, all other states of the Middle Belt, South-South, South-East, South-West, North-West and the North-East where these mindless Fulani militia has visited its terror on peaceful and defenseless communities leaving in its trail blood and devastation.

The Issue

From verifiable evidence, it may take international pressure to dissuade the central government from going ahead with its entrenched active support for Fulani terrorists going by public utterances of key officials of the current administration in Abuja, which appear apparently to be heavily sympathetic to Islamist and Fulani terrorists.

For instance, it would be recalled that HURIWA had in a letter dated August 13, 2020 and signed by its National Coordinator, Emmanuel Onwubiko, asked the Attorney General of Federation and Minister for Justice to prosecute “armed Fulani killers.”

However, the minister in his reply dated October 7, 2020 claimed the cases in question had no case files and as such he could not prosecute them.

Though herdsmen’s incursions into Benue date back to 2012, the crisis got to a head in early 2016 when militant herdsmen stormed Agatu local government area, killing close to 2,000 persons in what many, including the United Nations, described as genocide.

Regrettably, since the advent of the present administration, despite concerted efforts to check the escalating crisis, the state has recorded many incursions of herdsmen across Benue communities, and, from Agatu to Makurdi, Guma to Logo, Buruku to Tarka, and Gwer West to Otukpo, it has been tales of sorrow, tears and blood for local farmers who lost loved ones and property.

While the crisis and killings raged, Ortom and his Nasarawa State counterpart, Tanko Al-Makura, held several meetings to check the invasion of Benue from the neighboring state which culminated in the signing of a peace agreement after the Agatu massacre in early 2016.

All the peace efforts seemingly failed and the embattled communities were left with no choice but to pressure the Ortom government to enact the law prohibiting open grazing in order to put an end to the killings.

Then, in 2017, the government came up with a bill to prohibit open grazing in Benue. The said bill, which was subjected to public scrutiny and inputs by the people through public hearings and debates from stakeholders across the state, including herdsmen, was passed and signed into law, though a six month window period was allowed for sensitization and advocacy before the law came into full effect on November 1, 2017.

Nonetheless before the law came into effect, the Miyetti Allah Kautal Hore had registered its opposition to the law, insisting that it was intended to frustrate the trade of herdsmen in the state.

The group was alleged to have threatened to resist the law and invade Benue to express its resentment and even went as far as dragging the state government to court over the matter.

Bothered by the threat, the Benue government appealed to the Federal Government to arrest the leaders of the group and prosecute them.

Aside the state government, the leadership of the three major ethnic groups in the state, under the aegis of the Mdzough U Tiv, the Idoma National Forum and Omi’Yi Igede, and through Chief Edward Ujege, appealed to the Federal Government to call the Miyetti Allah group to order.

Whereas the Federal Government took the alarm raised by the people of the state for granted, the unimaginable happened: Women, including the pregnant, children and unarmed men and youths were slaughtered in two days of coordinated attacks that started on new year’s day of 2018 in Logo and Guma local government areas.

Since then, Benue has been turned into a theatre of war; 21 out of the 23 LGAs of Benue State have suffered one form of herders’ attacks or the other. Between January, 2018, and now, armed herdsmen have reportedly killed about 1,773 people (those traced and accounted for) in Benue State. The killers obviously no longer come with cows, but AK47.

Most significant was on the 24th of April, 2018 when armed Fulani herdsmen unleashed terror on Ayar Mbalom community in the Gwer East Local Government Area of Benue State, killing 19 persons, including two Rev. Fathers identified as Fr. Joseph Gor and Felix Tyolaha.

It was gathered that the Catholic faithful had gone for morning mass around 5.30am and unknown to them, the militia herdsmen had laid ambush in the community.

The latest of the callous and inhuman atrocities came in the morning of November 13, 2021, when some gunmen invaded a community in Mbayatyo, Mbater council ward of Logo LGA killing scores of mourners at a wake for one of their departed relatives. What could be worse than the killing of bereaved people mourning the death of a loved one?

Our Concerns

HURIWA is mostly concerned because the mass killings perpetrated by the Fulani herdsmen is a violation of right to life. The sanctity of life is guaranteed under section 33(1) of the Constitution of Nigeria 1999 (as amended), which provides: ‘Every person has a right to life, and no one shall be deprived intentionally of his life, save in execution of the sentence of a court in respect of a criminal offence of which he has been found guilty in Nigeria’.

Similar provisions can be found in Article 3 of the Universal Declaration on Human Rights (UDHR) 1948, Article 6 of the International Covenant on Civil and Political Rights 1966,59 and Article 4 of the African Charter on Human and peoples’ Rights (Ratification and Enforcement) Act 1983.

Importantly, the 1983 Act is a domestication of the African Charter on Human and Peoples’ Rights 1981 in Nigeria. More importantly, Nigeria is a State Party to these international/regional instruments and their provisions are binding on the country.

In effect, the right to life of a Nigerian citizen as well as those within the territory of Nigeria is derived from multiple sources, including the Nigerian Constitution. There is no question that the victims of the Fulani herdsmen killings have a right to life under the above legal provisions.

There is no doubt also that the various killings of innocent people by Fulani herdsmen violate not only the Nigerian Constitution but also opens them up for criminal liabilities/charges for multiple murders under the Criminal Code Act/Law or Penal Code Act/Law depending on whether the crime was committed in southern or northern Nigeria respectively. Why then has government not been able to prosecute any of them?

Again, the recurrent killings of innocent persons across Nigeria by the Fulani herdsmen, their attacks on communities/villages and their kidnapping activities are all within the purview of the Terrorism (Prevention) Act 2011 (as amended). Yet, the federal government has not arrested and prosecuted any of the perpetrators; nor has she declared the Fulani herdsmen and/or their organizations such as Miyetti Allah as a terrorist organization as required by the law.

Position and Demands:

The security of life, property and general welfare of the people is the central role of governments all over the world. In fact, section 14(2) (b) of the Constitution of Nigeria 1999 (as amended) expressly provides that ‘the security and welfare of the people shall be the primary purpose of government’.

It is strongly recommended that affected individuals and states of the federation should follow the example of Benue State by pursuing possible civil actions against the Fulani herdsmen. Noteworthy, criminal prosecutions and civil actions would help to curb the recurrent Fulani herdsmen attacks.

In the long term, the federal government must adopt critical policy decision (s) in collaboration with all the states of the federation and other critical stakeholders that could end the recurrent killings and other criminalities.

In view of this, we berate a former two-term governor of Benue State and Minister of Special Duties and Intergovernmental Affairs; George Akume for attacking Benue State Governor, Samuel Ortom on his position of insecurity in the state and nation at large.

Akume had at a press conference on Monday, August 30, 2021 asked Ortom to tender an unreserved apology to President Muhammadu Buhari for using foul language when he called on him to address the security challenges ravaging the country.

It is so awkward that instead of using his good office and closeness to President Muhammadu Buhari to tell Mr. President the naked truth about the atrocities being perpetrated by invading Fulani herdsmen militia against the Benue people, he rather chose to play the role of an errand boy desperate to change the narrative and misinform or mislead the Nigerian people on the true situation on the ground.

Nothing can be more unfortunate and pathetic than a situation where a man who is looked up to by the Benue people as a father and patriot allegedly choses to stoop so low in alleged defense and promotion of a well-orchestrated agenda of Fulanisation, which will ultimately consume everybody, including himself, if not checkmated. Minister George Akume needs to be courageous enough to speak for his good people of Benue State who have given all that he attained as a politician. Without Benue people, there will be no politically relevant George Akume  

HURIWA hereby throws her weight behind Governor Ortom. This is because Nigeria would have known peace if many governors were shouting against terror attacks by Fulani assailants and their sponsors.

More so, if every governor had remained resolutely committed in providing security and wellbeing of their citizens as Governor Ortom and a few other governors are doing, the present security challenges would have been a thing of the past.

We call on President Buhari to heed to the voice of reason by Governor Ortom and other governors that have raised concerns on the present dangers facing the Nigerian state occasioned by the atrocious activities of these Fulani herdsmen invaders.

The President can still redeem his good name by supporting and partnering with state governors and other leaders who have seen existential threats posed by these attackers in order to stave off the imminent disintegration of the country under his watch.

(2) ABDUCTION OF NELAN CONSULTANTS ENGINEERS AT THE PROJECT SITE OF THE CONSTRUCTION OF EBONYI RING ROAD PROJECT, EFFIUM, OHAUKWU LOCAL GOVERNMENT AREA, EBONYI STATE ON THE 3RD DAY OF NOVEMBER, 2021

ABDUCTEES; ENGR. NELSON ONYEMEH, ENGR. ERNEST EDEANI, ENGR. IKECHUKWU EJIOFOR, ENGR. SAMUEL ANEKE AND ENGR. STANLEY NWAZULUM

1.​It is no longer news that five NELAN Consultants engineers were abducted at OnuNwenewo, an Ezza village of Effium community in Ohaukwu Local Government Area, on Wednesday, November 03, 2021. The abduction occurred while the engineers were on an assignment to supervise Abakiliki Ring Road project.

2.​By a Vanguard Newspaper report of August 23, 2017, the above project is valued in millions of dollars. The project is financed by African Development Bank. His Excellency, the Governor of Ebonyi State commissioned the second phase of the project on Wednesday, October 06, 2021. The Governor charged the people to support Ebonyi State government in providing adequate security for the workers during the eighteen months period of the contract.

3.​Gentlemen of the press, these five engineers, as shown below, were last heard from at about 3:00pm on November 03, 2021. My husband was to hold a meeting with one Mr. Ken Okeh at 3:00pm on November 03, 2021 after the site visit to discuss some accommodation issues. I have not heard or seen my husband till date. In fact, the Toyota Hilux with registration mark number EB 001 ERR they travelled with also disappeared with them till this moment.

4.​NELAN Consultants was contracted by African Development Bank (AfDB) to supervise the Abakiliki Ring Road project. They are responsible in ensuring that the standard of the road construction complies with the approved design, drawings, specifications, terms of contract and globally acceptable sound engineering practice.

5.​Ladies and Gentlemen, over time, since the inception of the project my husband, Engineer Nelson Onyemeh, the lead consultant on the Abakiliki Ring Road project supervision have been briefing me on the challenges he incessantly encountered in the course of carrying out his obligations as required under the contract. These concerns and challenges are as follows:

i.​His Excellency proposition in a meeting with Engineer Onyemeh where he directed AfDB contracted consultants, NELAN Consultants, to take a back seat on the Abakiliki Ring Road project supervision. He promised to appoint another supervisory engineering company in place of NELAN Consultants. This was respectfully rejected by NELAN Consultants because His Excellency’s request violates the terms of contract between African Development Bank and NELAN Consultants. The implication of His Excellency’s request include, but not limited to:

a. ​NELAN Consultants being answerable to His Excellency or he government. Moreover, this would be through their appointed supervisory engineering company, contrary to the contract covenants.

b. ​Trying to compel NELAN Consultants to sign Certificate of Satisfactory Completion on a job supervised by another engineering company, since AfDB won’t accept any other Certificate of Satisfactory Completion that doesn’t emanate from NELAN Consultants.

c. ​NELAN Consultants will be blacklisted by AfDB if they yield to anything contrary to the terms of contract between AfDB and NELAN Consultants.

ii.​Subsequently, His Excellency’s approach to my husband and NELAN Consultants, regarding the project became almost withdrawn.

iii.​His Excellency also told my husband that he is the person that facilitated the project for NELAN Consultants. Therefore, my husband should listen to his opinions and carry out his orders. According to my husband, he reminded His Excellency that NELAN Consultants applied for the contract when they saw the publication. As a result, the award of construction supervision of Abakiliki Ring Road project to NELAN Consultants by African Development Bank has nothing to do with His Excellency’s intervention.

iv.​Furthermore, my husband mentioned that procurement of project vehicles were part of the contract. These vehicles are meant to be purchased in phases. The approved brand and model of vehicle on the contract is Toyota Hilux. In the first instance, two Toyota Hilux were bought. His Excellency demanded NELAN Consultants to hand over the two vehicles to him. While this was going on, the Governor’s Personal Assistant, Chioma Nweze insisted that the Toyota Hilux must be swapped for Toyota Prado. NELAN Consultants referred both His Excellency and his Personal Assistant, Chioma Nweze to the terms of contract.

v.​NELAN Consultants pointed out that additional two vehicles will be purchased at the appropriate time as stipulated in the contract. That when these two vehicles are bought, the Governor can increase his project monitoring vehicle to two.

6.​As a grief-stricken wife, whose husband and fellow engineers were abducted for over a month now, I was astonished and heart-broken to read in Linda Ikeji Blog at about 11:00pm on November 30, 2021 that “His Excellency confirms death of abducted road contractors in Ebonyi”. This disheartening news was further published by Tribune online “Umahi Confirms Death of Missing Road Contractors” and amplified by Vanguard newspapers “Killings of 5 construction workers: His Excellency suspends civil servants from crisis community in Ebonyi”. In the Vanguard version of the report, His Excellency “regretted the reported killing of five construction workers in the State’s Ring Road which passed through the area by unknown assailants”. In Tribuneonline.ng His Excellency said “the suspects arrested over the incident confessed that the workers have been killed and buried and the government in pacifying the affected families, sought to know the location of where they were buried.”

7.​Gentlemen of the press, it is important to throw more light on this latest development regarding recent engagement with His Excellency and other project stakeholders.

i. ​When my husband’s phone went off for too long, which is quite unusual, I was frightened. After several failed attempts to reach him, I decided to call his business partner, Mr. Benjamin Ezeagwu who was as well worried and confused.

ii.​Later in the evening of November 03, 2021, I called the coordinator of the project, Mr. Felix Otta who briefed His Excellency about the sudden call status: switched off – of Engineer Onyemeh and the four other engineers. When I called Mr. Felix Otta again, he confirmed that His Excellency promised to dispatch security to search for the engineers at their last point of known location. I believed the search and rescue was at work, while I kept praying for their safety.

iii.​Amidst helplessness and ensuing fears, I wrote a letter to His Excellency on November 11, 2021 when it became obvious that my husband is not missing, but abducted. In the letter, I reminded him that he is the last hope for my husband’s freedom. He acknowledged my letter by inviting the families of the abductees to his office in Abakiliki on Wednesday, November 24, 2021.

iv.​I could not attend the meeting due to ill-health. However, ahead of the meeting, I extended my appreciation to him through a letter dated November 22, for considering it worthy to meet with the families of the abductees.

v.​Regrettably, the representatives of the families returned in despondency. According to them, His Excellency, told the families of the abducted engineers that only two engineers were listed in the contract. He asked them what their husbands/relations were doing at the construction site when their names did not feature in the award contract. However, His Excellency informed the families of the abductees that he would revert after an impending State Security meeting.

vi.​Notwithstanding the outcome of the meeting, I wrote on November 24, 2021 to thank His Excellency for his efforts to ensure that my husband and his colleagues are rescued alive.

vii.​Later on November 24, 2021, I read in The Guardian newspaper that His Excellency has suspended activities on the Abakiliki Ring Road project for seven (7) days to enable the government sort out issues of insecurity with stakeholders in the affected area.

8.​The news about the alleged death of the five engineers have left me emotionally bruised. I became more confused. Why and how can His Excellency release this weighty and emotion destabilizing information during a security summit organized by Christian Association of Nigeria, Abakiliki chapter, in the presence of eminent stakeholders of the State including former Ebonyi State Governor, Martin Elechi and Rev. Father Abraham Nwali, South-East Zonal Chairman of Christian Association of Nigeria (CAN), without firstly interfacing with the families of the victims on the development is actually it is authentic? Sadly, till date, the families of the abductees are yet to be formally notified. That is, if the information about their death is anything to believe.

9.​You can imagine how terrified I was to read that His Excellency has confirmed the five abducted engineers dead! I am shattered by this report till now. Nevertheless, I once again sought His Excellency’s assistance to rescue my husband and his colleagues alive through a chat on December 01, 2021. This time, I assured him that my husband would proceed on compulsory retirement if he returns alive. And here is his response:

“Good morning madam. I am working to know the true

situation. I sent security to the place and they were attacked

and we lost four people. More security is coming from Abuja

with trackers. I need proper information before I can say

something to u. I am doing everything possible including

suspending all civil servants and political office holders from

there. I know how u feel but give us more time.”

10.​Despite the shock and emerging inconsistency in the reports made available to the media by Ebonyi State government, I didn’t stop engaging His Excellency. On December 4, 2021 I sent another chat to him. I suggested four options for his kind consideration, in addition to the existing mix of rescue strategy. These were; to open communication with the abductors; ask the abductors to come forward with what they need; release those detained in connection with the abduction if they free the abductees; and apply any other peace-making mechanisms. He responded thus:

“Noted madam. We are working on all options”.

11.​It is important to remind you, Gentlemen of the press, that Effium Indigenous Vanguard in a press statement on November 8, 2021 exonerated Effium people of any involvement in the abducted engineers (https://www.facebook.com/117215587072797/posts/284717823655905/). Similarly, Ezza people through the Honourable member representing Ohaukwu Local Government Area in Ebonyi State House of Assembly absolved the people of Ezza of any complicity in this matter (https://m.facebook.com/Salt-Heritage-Online-Newspaper-373535383301126/?tn=CH-R.).

12.​On another attempt to verify the extent of search and rescue efforts being done by Ebonyi State government, Michael Ejimkonye, an engineer on the project with NELAN Consultants contacted Mr. Ernest Akande, one of the site engineers who works with the construction company where my husband and the four other abducted engineers earlier visited on the day of the incident, and he confirmed to him that no security team had visited or interrogated those on duty over a week after their abduction.

13.​My husband and his colleagues deserve justice! I therefore call on the Government and people of Imo State, Anambra State, Enugu State, the Nigerian Society of Engineers, well-meaning indigenes of Ebonyi State, the Nigerian Police Force, Effium  and Ezza Vigilante groups to speak up for NELAN 5.

14.​I am appealing to President Muhammadu Buhari, the Attorney General of the Federation, the members of the National Assembly, Ohaneze Ndigbo, Anambra and Imo States governments, African Development Bank and the British government to come to my aid and intervene for the security of my life and that of my family.

Thank you and God bless you all!

I am,

Mrs. Patricia Onyemeh.

The wife of Engineer Nelson Onyemeh. Nelson Onyemeh is the lead consultant engineer for NELAN Consultants. He is one of the five abducted NELAN Consultants engineers.

*COMRADE EMMANUEL ONWUBIKO: NATIONAL COORDINATOR; HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA ( HURIWA). DECEMBER 10TH 2021.

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