Worried by the growing cases of uninvestigated extrajudicial killings in the country, especially of suspects in police custody, a nongovernmental organization, Network on Police Reforms in Nigeria (NOPRIN Foundation), has taken steps to ensure reduction and justice for victims of such killings.
To achieve this reduction and ensure inquest, NOPRIN reviews the Lagos State Coroner Law, 2007. Indeed, in Nigeria, many cases of extrajudicial killings go uninvestigated and unpunished. The families of the victims usually have no recourse to justice or redress. Many do not even get to find out what exactly happened to their loved ones.
Coroner’s inquiries into these and other unnatural deaths are rarely carried out. Recently, three magistrates, Mrs. Olumide-Fusika, of court 14, Igbosere, Mr. Komolafe Oyetade Alexander, senior magistrate (Coroner, Alimosho District) and Murziq Abodurin Etti, magistrate (Coroner Badagry District), lawyers, pathologists and other NGOs who had done coroner cases, met at the Airport Hotel, Ikeja, Lagos State to rub minds on how to begin to educate and enlighten Nigerians, especially Lagos residents on the importance of coroner law and its application.
The event, tagged: ‘Focus Group Discussion (FGD) on Assessing the Effective Application of the Reformed Lagos State Coroner Law and Procedures,’ was organised by NOPRIN and supported by Justice for All (J4A).
The discussion kicked off after a welcome speech by Mr. Okechukwu Nwanguma, national coordinator, NOPRIN. Nwanguma said: “We have organised this FGD and are also doing case studies review to assess the understanding of the law among key stakeholders. We are in particular trying to assess the number of cases that have come before the coroner and how many victims have obtained justice through inquiries under the reformed Coroner law.” Nwanguma said he was not happy that majority of cases of extrajudicial killings go uninvestigated and unpunished.
He noted: “Coroner’s inquiries into these and other unnatural deaths are rarely carried out. According to the UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, Mr. Philip Alston, in his 2006 report of his mission to Nigeria: ‘Coroners are an endangered species and inquiries a rarity; it is commonplace for pathologists to sign reports without even examining the body..’ eight years after the review and application of the coroner law in Lagos State, there is the need to ascertain how many cases in which inquests have been carried out and how far the outcomes have helped the cause of justice for the victims’ families.”
He said he believed that effective application of the coroner law was the real test of how much value the state places on the lives of its citizens and a test of its commitment to fulfill its obligations under domestic law and international human rights standards. He added: “The systematic use of torture in criminal investigations and advocacy efforts by civil society groups resulted in the resuscitation of the moribund Lagos State Coroner Law and Procedures.
This was to ensure that deaths in custody or suspicious circumstances are properly investigated.” The effort to reform the Lagos State Coroner Law was initiated in 2006 by civil society led by Access to Justice with the support of the Lagos State government.
Since then, the coroner system has helped to expose the truth about some killings that involved police officers. In fact, the Lagos State Ministry of Justice has bypassed police investigations and relied on the verdict of coroners to bring murder charges against police officers.
“Whereas some successes have been reported there is a pervasive public perception of increasing incidents of unnatural death through avoidable road accidents, plane crashes and extrajudicial killings. The state has also failed to ensure compensation and justice for victims,” said Nwanguma. Many of the participants did not know who a coroner is. Etti tried to explain. He said: “A coroner is somebody designated by the Chief Coroner to be a coroner.
You need to be a magistrate to function as a coroner.” It was further gathered the state government takes up expenses for anyone demanding for an inquest into a death or killing. Fusika chips in: “A coroner inquest also seeks to know if there’s an emerging trend on how and why people are dying or being killed.” Alexander said: “It’s a fact finding exercise.
Once we understand it, it will save a lot of lives. The coroner court is supposed to be quite distinct from the other courts. Lagos State government should take further step to build a structure for coroner inquest.” Director of Programmes, Access to Justice, Leonard Dibia, spoke on ‘promoting awareness and effective application of the Lagos State coroners’ system law, 2007.’
He said: “Unlike before 2007, it is heartening to now observe that cases for coroner inquest now compete with regular cause lists in designated magistrate/coroner courts in Lagos State.
With cases for inquest ranging from police killings to medical negligence and domestic violence.
Unlike before, two incidences of air crashes have been put to the searchlight of coroner courts, even though they foundered against the forces of high powered conspiracies and what seemed like apparent lack of political will to drive them to logical conclusions.”
According to Dibia, factors militating against Coroner Law, among others, are low sense of public interest, indifference and fear of police reprisals.
Dibia said: “Our level of public spiritedness or public interest is very low and weak. Relatives of persons who die in suspect circumstances would rather spend resources on a lavish funeral expenses than spending a little fraction of that money to pay for professional services like incisive autopsy and prosecution of inquests.
“Not more than 0.1% of our citizenry respond to their civic duties of reporting the presence of dead bodies on the streets to “appropriate authorities” as required by the Coroner Law.
This condition is further exacerbated by the general impression and fear, not unfounded though, of being arrested by the police for undertaking the civic duties ascribed every Lagosian under the Coroner Systems’ Law.” He said there was also problem of low literacy levels and pervasive ignorance of the law.
He clarified: “The low literacy level and pervasive ignorance of the existence, importance and utility of the law by the intended “user community” or, if I may borrow the over-indulged CSO cliché “stakeholders,” accounts largely for the poor resort to the coroner inquest system.
There is undoubtedly a yawning gap between the existence, purpose and benefits of the Coroner Law of Lagos State, 2007, on one hand, and public awareness and utilization of the law. There is no gainsaying the fact that public awareness and effective application are mutually reinforcing as one factor will naturally produce the other in a boosting cycle.”
Dibia also noted that religious prejudice hampers effective application of coroner law. He argued that it was common fact in Lagos that the coroner law from inception, met with very strident controversies by the Moslem community in the state.
The mandatory provisions of the law as it related to compulsory autopsy in cases deserving of inquest was strongly perceived as a direct violation of the Koranic regulations of instant interment within 24 hours of death. Dibia opined that following this strident objections in 2008, it would not be farfetched to presume that many deaths, deserving of inquest were still concealed from the coroner’s attention.
“Keenly associated with this religious prejudice is the corollary impression that every death, whether resulting accidentally or by resulting from protracted ailment, was divinely ordered. It is unarguable that in any society where these prejudices and mindsets are allowed to hold sway, the inquest system will be poorly adhered and will be perceived with suspect and distant circumspection,” said Dibia.
He continued: “Just by way of comparative reference, we all recall the case involving the Princess Diana and her Moslem boyfriend Dodi Fayed in August, 1997. When the Princess Diana was killed in a car crash, the British government and society refused to accept as merely accidental the vehicular mishap in the French tunnel from which the princess and her boyfriend died.
“In fact, when the high powered investigative report was released by the British secret services spymaster, the report was yet subjected to a rigorous coroner inquest process with a view to unraveling the complicity, if any, of the spymaster and the Duke of Edinburg.
At the inquest, Lord Justice Baker released a set of photographs by one Langevin which suggested that the accident was plotted. Issues necessitating inquest were neither left to conjecture, nor were taken as ‘acts of sovereign will of God.’
“In a related vein, when the pop star Michael Jackson died in the United States, initial autopsy report cleverly concealed the real cause of his death which was made to appear like a self-inflicted abuse of drugs.
It took an incisive coroner inquest to unravel the real cause of his death which was certified to be a raw case of medical negligence, in respect of which the doctor concerned faced criminal charges.”
He added that in Nigeria, when the late Funsho Williams died in suspected circumstances in Lagos, the usual police investigations were conducted. “A few innocent citizens were arrested, tortured and either released on bail upon payment of huge monetary considerations, or placed on endless and perpetual remand custody at Kirikiri Medium Prisons.
When the late Alfred Rewane was killed, every pedestrian that was unfortunate to enter the GRA precinct of his residence, including a “Suya” seller was arrested, detained and tortured. Of the eight persons initially arrested, only two, one Lucky Igbinovia and one other were eventually put to trial.
The remaining six arrested persons died in police custody from torture. Within 24 hours of the killing of Chief Rewane, police radio signals from SARS reported that the killers had been apprehended and volunteered confessional evidence.
“But at trial, no police officer testifying for the prosecution admitted that he took the supposed confessional statements. It became obvious at trial that what was tendered as confessional statements were hand-written by the investigating police officers who cleverly forged the signatures of the accused persons unto the documents at gun points.” The participants came up with recommendation for the state government at the end of the day.
They agreed that there should be exclusive coroner courts to handle coroner inquest. The court should be funded and supported with personnel. It was also agreed that coroner witnesses should be remunerated.
Coroners should also be trained in other professional lines aside from the law, in order to be able to handle situations that come with inquests. It was further agreed that coroner law should be included in school curriculums, witnesses should be given protection, and coroner awareness should be created in the state, amongst other suggestions.
To achieve this reduction and ensure inquest, NOPRIN reviews the Lagos State Coroner Law, 2007. Indeed, in Nigeria, many cases of extrajudicial killings go uninvestigated and unpunished. The families of the victims usually have no recourse to justice or redress. Many do not even get to find out what exactly happened to their loved ones.
Coroner’s inquiries into these and other unnatural deaths are rarely carried out. Recently, three magistrates, Mrs. Olumide-Fusika, of court 14, Igbosere, Mr. Komolafe Oyetade Alexander, senior magistrate (Coroner, Alimosho District) and Murziq Abodurin Etti, magistrate (Coroner Badagry District), lawyers, pathologists and other NGOs who had done coroner cases, met at the Airport Hotel, Ikeja, Lagos State to rub minds on how to begin to educate and enlighten Nigerians, especially Lagos residents on the importance of coroner law and its application.
The event, tagged: ‘Focus Group Discussion (FGD) on Assessing the Effective Application of the Reformed Lagos State Coroner Law and Procedures,’ was organised by NOPRIN and supported by Justice for All (J4A).
The discussion kicked off after a welcome speech by Mr. Okechukwu Nwanguma, national coordinator, NOPRIN. Nwanguma said: “We have organised this FGD and are also doing case studies review to assess the understanding of the law among key stakeholders. We are in particular trying to assess the number of cases that have come before the coroner and how many victims have obtained justice through inquiries under the reformed Coroner law.” Nwanguma said he was not happy that majority of cases of extrajudicial killings go uninvestigated and unpunished.
He noted: “Coroner’s inquiries into these and other unnatural deaths are rarely carried out. According to the UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, Mr. Philip Alston, in his 2006 report of his mission to Nigeria: ‘Coroners are an endangered species and inquiries a rarity; it is commonplace for pathologists to sign reports without even examining the body..’ eight years after the review and application of the coroner law in Lagos State, there is the need to ascertain how many cases in which inquests have been carried out and how far the outcomes have helped the cause of justice for the victims’ families.”
He said he believed that effective application of the coroner law was the real test of how much value the state places on the lives of its citizens and a test of its commitment to fulfill its obligations under domestic law and international human rights standards. He added: “The systematic use of torture in criminal investigations and advocacy efforts by civil society groups resulted in the resuscitation of the moribund Lagos State Coroner Law and Procedures.
This was to ensure that deaths in custody or suspicious circumstances are properly investigated.” The effort to reform the Lagos State Coroner Law was initiated in 2006 by civil society led by Access to Justice with the support of the Lagos State government.
Since then, the coroner system has helped to expose the truth about some killings that involved police officers. In fact, the Lagos State Ministry of Justice has bypassed police investigations and relied on the verdict of coroners to bring murder charges against police officers.
“Whereas some successes have been reported there is a pervasive public perception of increasing incidents of unnatural death through avoidable road accidents, plane crashes and extrajudicial killings. The state has also failed to ensure compensation and justice for victims,” said Nwanguma. Many of the participants did not know who a coroner is. Etti tried to explain. He said: “A coroner is somebody designated by the Chief Coroner to be a coroner.
You need to be a magistrate to function as a coroner.” It was further gathered the state government takes up expenses for anyone demanding for an inquest into a death or killing. Fusika chips in: “A coroner inquest also seeks to know if there’s an emerging trend on how and why people are dying or being killed.” Alexander said: “It’s a fact finding exercise.
Once we understand it, it will save a lot of lives. The coroner court is supposed to be quite distinct from the other courts. Lagos State government should take further step to build a structure for coroner inquest.” Director of Programmes, Access to Justice, Leonard Dibia, spoke on ‘promoting awareness and effective application of the Lagos State coroners’ system law, 2007.’
He said: “Unlike before 2007, it is heartening to now observe that cases for coroner inquest now compete with regular cause lists in designated magistrate/coroner courts in Lagos State.
With cases for inquest ranging from police killings to medical negligence and domestic violence.
Unlike before, two incidences of air crashes have been put to the searchlight of coroner courts, even though they foundered against the forces of high powered conspiracies and what seemed like apparent lack of political will to drive them to logical conclusions.”
According to Dibia, factors militating against Coroner Law, among others, are low sense of public interest, indifference and fear of police reprisals.
Dibia said: “Our level of public spiritedness or public interest is very low and weak. Relatives of persons who die in suspect circumstances would rather spend resources on a lavish funeral expenses than spending a little fraction of that money to pay for professional services like incisive autopsy and prosecution of inquests.
“Not more than 0.1% of our citizenry respond to their civic duties of reporting the presence of dead bodies on the streets to “appropriate authorities” as required by the Coroner Law.
This condition is further exacerbated by the general impression and fear, not unfounded though, of being arrested by the police for undertaking the civic duties ascribed every Lagosian under the Coroner Systems’ Law.” He said there was also problem of low literacy levels and pervasive ignorance of the law.
He clarified: “The low literacy level and pervasive ignorance of the existence, importance and utility of the law by the intended “user community” or, if I may borrow the over-indulged CSO cliché “stakeholders,” accounts largely for the poor resort to the coroner inquest system.
There is undoubtedly a yawning gap between the existence, purpose and benefits of the Coroner Law of Lagos State, 2007, on one hand, and public awareness and utilization of the law. There is no gainsaying the fact that public awareness and effective application are mutually reinforcing as one factor will naturally produce the other in a boosting cycle.”
Dibia also noted that religious prejudice hampers effective application of coroner law. He argued that it was common fact in Lagos that the coroner law from inception, met with very strident controversies by the Moslem community in the state.
The mandatory provisions of the law as it related to compulsory autopsy in cases deserving of inquest was strongly perceived as a direct violation of the Koranic regulations of instant interment within 24 hours of death. Dibia opined that following this strident objections in 2008, it would not be farfetched to presume that many deaths, deserving of inquest were still concealed from the coroner’s attention.
“Keenly associated with this religious prejudice is the corollary impression that every death, whether resulting accidentally or by resulting from protracted ailment, was divinely ordered. It is unarguable that in any society where these prejudices and mindsets are allowed to hold sway, the inquest system will be poorly adhered and will be perceived with suspect and distant circumspection,” said Dibia.
He continued: “Just by way of comparative reference, we all recall the case involving the Princess Diana and her Moslem boyfriend Dodi Fayed in August, 1997. When the Princess Diana was killed in a car crash, the British government and society refused to accept as merely accidental the vehicular mishap in the French tunnel from which the princess and her boyfriend died.
“In fact, when the high powered investigative report was released by the British secret services spymaster, the report was yet subjected to a rigorous coroner inquest process with a view to unraveling the complicity, if any, of the spymaster and the Duke of Edinburg.
At the inquest, Lord Justice Baker released a set of photographs by one Langevin which suggested that the accident was plotted. Issues necessitating inquest were neither left to conjecture, nor were taken as ‘acts of sovereign will of God.’
“In a related vein, when the pop star Michael Jackson died in the United States, initial autopsy report cleverly concealed the real cause of his death which was made to appear like a self-inflicted abuse of drugs.
It took an incisive coroner inquest to unravel the real cause of his death which was certified to be a raw case of medical negligence, in respect of which the doctor concerned faced criminal charges.”
He added that in Nigeria, when the late Funsho Williams died in suspected circumstances in Lagos, the usual police investigations were conducted. “A few innocent citizens were arrested, tortured and either released on bail upon payment of huge monetary considerations, or placed on endless and perpetual remand custody at Kirikiri Medium Prisons.
When the late Alfred Rewane was killed, every pedestrian that was unfortunate to enter the GRA precinct of his residence, including a “Suya” seller was arrested, detained and tortured. Of the eight persons initially arrested, only two, one Lucky Igbinovia and one other were eventually put to trial.
The remaining six arrested persons died in police custody from torture. Within 24 hours of the killing of Chief Rewane, police radio signals from SARS reported that the killers had been apprehended and volunteered confessional evidence.
“But at trial, no police officer testifying for the prosecution admitted that he took the supposed confessional statements. It became obvious at trial that what was tendered as confessional statements were hand-written by the investigating police officers who cleverly forged the signatures of the accused persons unto the documents at gun points.” The participants came up with recommendation for the state government at the end of the day.
They agreed that there should be exclusive coroner courts to handle coroner inquest. The court should be funded and supported with personnel. It was also agreed that coroner witnesses should be remunerated.
Coroners should also be trained in other professional lines aside from the law, in order to be able to handle situations that come with inquests. It was further agreed that coroner law should be included in school curriculums, witnesses should be given protection, and coroner awareness should be created in the state, amongst other suggestions.
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