Professional Documents
Culture Documents
Boko Haram Insurgency and Human Rights Violation in Nigeria: January 2019
Boko Haram Insurgency and Human Rights Violation in Nigeria: January 2019
net/publication/357047874
CITATION READS
1 50
1 author:
Ikechukwu Ukandu
Veritas University Abuja
2 PUBLICATIONS 1 CITATION
SEE PROFILE
All content following this page was uploaded by Ikechukwu Ukandu on 15 December 2021.
Abstract
The Boko Haram insurgency has lasted more than a decade in Nigeria. The protracted and intractable
nature of the violence has established a context for mutual affront between the security agencies who seek
to counter the insurrection on the one hand, and the militant Islamists who seek to enthrone a monolithic
polity dependent on Islamic jurisprudence on the other hand. The religious fundamentalism of Boko
Haram which has resulted in the abuse of human rights (especially religious freedom) is the main focus of
this study. The comparative research methodology was adopted and data gathered from the study were
content analysed. Findings showed that kidnapping, forceful conversion, marriage, destruction of places
of worship, opposition to western and Christian education are the central abuses to freedom of religion
by the group occasioned by their fundamentalism. The study concluded that the violation of religious
freedom as a fundamental human right has affected adherents of both Islam and Christianity. It
recommends proper enactment and implementation of laws, education for peace, international support
and intervention to mention but a few.
Introduction
One major aspect of this demand was the
The resumption to democratic rule advocacy for the total implementation of
and civilian administration on May 29, Sharia by some Muslims in the North of
1999 signaled a number of hopes for the the Country. In the year 2000, a former
Nigerian state, her citizens and the Governor of Zamfara, a state in the North-
international community alike. The rule of West Nigeria implemented a new law in
the law as capsulated by the 1999 his domain to incorporate the criminal
constitution of the Federal Republic of Sharia and had to legal lug-jam from
Nigeria (as amended) was no longer kept former President Olusegun Obasanjo led
in abeyance. Implicated in this new socio- government. The wide acclaim and
political space was the ease for socio- success of his legal reform served as a
cultural, ethno-religious groups and motivation to some other eleven (11)
sundry liberation movements to vent by states in the North to implement same in
means of agitations and demands on a their jurisdictions. Though a constitutional
number of issues. matter, the adoption of Criminal Sharia
Ukandu, Ikechukwu Maxwell, 72
threw open a number of controversies and Rights (Article 8). And this is
had implications for not only the country‟s compounded by the reality that the multi-
religious diversity, but also, her peaceful national state has domesticated same in
co-existence or inter-group relations. her legal document, the 1999 Constitution
Christians, secularist thinkers of the Federal Republic of Nigeria (as
among other non-Muslims condemned the amended) Section 38(1) (Ukandu, 2014).
action of those Northern states and
questioned the legality of such a legal Statement of the Problem
regime in the face of the country‟s secular
outlook. As a result, voices were raised Despite the protracted and
across religious divides and tensions intractable nature of the mutual affront
progressively grew across geopolitical between the security agencies who seek to
land spaces. Yet, it is quite clear that such counter the insurrection on the one hand,
calls were not heeded nor considered. and the militant Islamists who seek to
Rather, it served alongside other social enthrone a monolithic polity dependent on
motivations as a spring board to go the Islamic jurisprudence on the other hand,
extra-mile. In no time, precisely about two no research has been conducted to x-ray
(2) years later, this demand and clamour the place of religious fundamentalism and
for Sharia gained impetus, though the numerous abuses of human rights in
obscurity prevented its public notice– Nigeria. This is the case as religious
through the emergence of Boko Haram. freedom as a core human rights
Gaining relevance and dreadful imagery, component has been given very little
the Boko Haram insurgency has bedeviled attention by scholars and researchers.It is
the Nigerian state for almost a decade now with this above painted picture that this
(2009-2018) especially because it is paper will research into the nexus between
pursued through a war strategy of religious fundamentalism and abuse of
terrorism. No doubt, there is a crescendo human rights within the context of Boko
in the denial of right to life as the mother Haram insurgency. This lack of analysis
of all human rights. Equally, this has of religious freedom within the context of
thrown open an ascent in the violation of human rights abuses by the Boko Haram
the right to freedom of thought,conscience sect members is what this research work
and religion as a fundamental human right intends to fill or account for.
and resultantly implicated other
associational rights (Ukandu, 2014).
A notable aspect of these crucial The principal objective of this
rights violations in Nigeria is the fact that research is to ascertain the extent of
the country is a signatory to various human rights freedom violations in Boko
international legal instruments such as the Haram insurgency in Nigeria‟s North.
1948 Universal Declaration on Human Specifically, the study seeks to:
Rights (Article 18), the 1981 Declaration
on the Elimination of All Forms of i. Identify the causes and costs of
Intolerance and of Discrimination Based Boko Haram insurgency in Nigeria;
on Religion or Belief (Article 18). The ii. To determine the nature and level of
African Charter on Human and People‟s human rights freedom violation by
BOKO HARAM INSURGENCY AND HUMAN RIGHTS 73
Boko Haram insurgents in Nigeria‟s their anger on others and in some cases
North. use illicit drugs. The disconnection
between expected and achieved welfare
are a major condition in the relative
Accordingly, the following deprivation theory.
research questions are raised: Thus, relative deprivation or
exclusion in social, economic and political
i. What are the cases, causes and costs spheres is the ground for grievances which
of Boko Haram insurgency in are often let out through aggressive and
Nigeria? terroristic violence. Omale (2012) made a
ii. What is the nature and level of good explanation of the Nigerian case
human rights violation by Boko when he maintains that many people in
Haram insurgents in Nigeria‟s Nigeria call for restorative justice
North? paradigm because they are „aggrieved and
hurt‟ socially, politically and
Theoretical Framework economically; and could not explain why
a people who stand in plenty of water
According to Richardson (2011), should wash their hands with spittle. This
relative deprivation as a term is used to painted picture by Omale is a serious
denote the tension that develops from a ground for violent terroristic behaviour in
discrepancy between the “ought” and the an environment where material existence
“is” of collective value satisfaction that is a stark negation of natural and other
disposes men to violence. This lack of human available resources. The pain of
satisfaction is what scholars call settling for far less, when so much is
frustration. Gurr did not lose sight of this available is no doubt annoying and
reality when he argues that, the primary provocative.
source of human capacity for violence Relative deprivation in Nigeria,
appears to be the frustration-aggression from the perspective of Northern Muslims
mechanism that is the anger induced by seems more of a deprivation of a cultural
frustration is a motivating force that necessity as against material exclusion. In
disposes men to aggression, irrespective the global practice of Islam, the place of
of its instrumentalities. Sharia in the governance of the
Relative deprivation has long been community of believers (Ummah) is
acknowledged as a source of frustration fundamental (Rusell, 2011). Sharia as a
which culminates in aggression or divinely sanctioned law has two major
terroristic violence. A dimension to this components. The civil and the criminal
and highly implicated by the relative aspects of the Islamic law made it holistic
deprivation is the strain theory.This theory in the administration of human affairs.
explains how people are likely to commit Regrettably to the Muslims of the Sokoto
crime when they cannot get what they Caliphate and beyond, criminal
want through legitimate channels. jurisprudence was not permitted the
McLaughlin and Munice (2001) affirm faithful in the Northern region.
that their frustration and anger may push This was done to create a sort of
them to engage in criminal activities, vent common-ground between Muslims in
Ukandu, Ikechukwu Maxwell, 74
Nigeria who were pro-East and pro- violence, harassment over attire for
Arabic, and the Christians in Nigeria who religious reasons, and or religious
were pro-West and with a deep Judeo- intimidation or abuse are major yardsticks.
Christian background. For the Islamic The activities of BH clearly position it as
extremists, fundamentalists, moderates, a major player in this field of creating and
and liberals alike, the removal of criminal sustaining social hostilities in Nigeria.
Sharia was not a welcome idea and this
was seen as the basis for corruption and Aid to the Church in Need (ACN)
all manner of injustices in the Muslim Religious Freedom in World Report
North and equally the reason 2016:
behindcorruption and evil in the country. The 2016 Religious freedom in the
Hence, Boko Haram‟s agitation which has World Report of 196 countries gave
in itself brought about a number of human special focused to 36 countries where
rights abuses. religious freedom violation was bad, and
going beyond mere intolerance to
Some Major International Religious represent a major breach of fundamental
Freedom Reports human rights (Aid to the Church in Need,
2016d). The ACN categorized countries
According to Idris (2018) violation into two parts based on the source of the
of religious freedom are increasing religious rights violation. The first was
globally in scale, depth and blatantly. The based on discrimination, while the other
abuses are both carried out by government was persecution. The report describes
and non-state actor. discrimination as involving the
institutionalisation of intolerance as
United Nations (UN) Special Rapporteur carried out by the state and the
on Freedom of Religion and Belief: government that represents them. An
The 2016 Report of the UN example is the legal restrictions on
Special Rapporteur on Freedom of evangelism or proselytization. On the
Religion or Belief discloses that the full other hand, persecution is concerned with
scope of thought, conscience and religion terrorist groups as non-state actors who
or beliefs is often underestimated with the focus on violent campaigns and
result being an inadequate awareness of subjugation.
the broad range of violations that take The Boko Haram which best
place in this area. captures the Nigerian case fits well into
the persecution category of the World
Pew Research Centre 2015 Report: Report 2016. This is because as a non-
Pew Research Centre (2017) state actor, the group has featured
conducted a country wide and conspicuously as a fundamentalist or
international research on 198 sovereign militant organisation with proven capacity
states. Two criteria were evolved and they for bloodbath, brutality and brigandage all
were the governmental restrictions index wrapped-up in impunity. No wonder, the
(GRI) and social hostilities index (SHI). Report linked extremist Islam to religious
In the latter, religion-related armed freedom violation as one of their key
conflict or terrorism, mob or sectarian findings.
BOKO HARAM INSURGENCY AND HUMAN RIGHTS 75
Similarly, the World Report talks meaningfully exercise control over
about the emergence of a new territories.
phenomenon it describes as „Islamist
hyper-extremism‟. It identifies this A Very Brief Overview of Boko Haram
phenomenon with “extreme creed and Insurgency
radical system of law and government;
systematic attempts to annihilate or drive According to Abolurin (2012:261)
out all non-conformists group; cruel the group is known as
treatment of victims; use of social media Jama‟atulAlhulSunnahLidda‟ watiwal
to recruit followers and intimidate Jihad, or “people committed to
opponents and global impact”. propagating the Prophets‟ teachings and
Jihad”. Established by Mohammed Yusuf
United State Commission on in the year 2002 in Maiduguri, Borno
International Religious Freedom State, the group is what is popularly
(USCIRF) 2017 Annual Report: referred to as Boko Haram. „Boko‟ is a
The Commission in its 2017 report Hausa word for „book‟ considered to be
observes that, Western education and culture. „Haram‟
The state of international religious on the other hand, is an Arabic word for
freedom is worsening in both the depth „sin‟ or „forbidden‟. Thus, Boko Haram
and breadth of violations. The blatant (BH) means western education and
assaults have become so frightening – civilization is a sin, forbidden and
attempted genocide, the slaughter of impermissible.The early history of the
innocents, and wholesale destruction of group depicted it as a fundamentalist
places of worship – that less egregious Islamic sect with a clear-cut intention to
abuse go unnoticed or at least supplant government structures that
unappreciated (USCIRF, 2017:1). politicised, corrupted and bastardised
Countries of Particular Concern proper implementation of Sharia in the
(CPC) understood to be countries, „whose North (Omalu, 2015). Ukandu (2011)
government engages in or tolerates argues that among the earliest record of
particularly severe religious freedom the group‟s activities, was in the year
violations that are systematic, ongoing, 2002, while her demised leader
and egregious‟ (USCIRF, 2017: 3). The Mohammed Yusuf constituted a major
report recommended that Nigeria among affront to the Police due to their
other countries be designated as a country proscribed and outlawed activities.
of particular concern (CPC). Similar non- In Nigeria, Boko Haram, a non-
state actors to the Boko Haram especially state actor has continued to pose the
in the Islamic connotations and large scale biggest threat to religious freedom in the
violence like Islamic State of Iraq and country. Because the terrorist group is
Syria (ISIS), the Taliban in Afghanistan seeking to impose its version of strict
and Al-Shabaab in Somalia. The Sharia in Nigeria, it stands in opposition
document gives a reason why to the federal and state governments,
organizations like BH was not included in Muslim elites and moderates as well as
this category because they no longer Christians. Additionally, it has worked to
expel all Christians from the North
Ukandu, Ikechukwu Maxwell, 76
(USCIRF, 2017).The religious sect churches and property.Boko Haram has
operates mainly in the North-Eastern committed itself to elevated persecution
regions of the country and has spilled into expressed through lethal forms. Members
neighbouring countries like Cameroun, of the zero-sum group have been targeting
Chad and Niger as a result of geographic Churches, shooting at worshippers and
proximity (Council on Foreign Relations, emploring suicide bombing in the
2015). The radical Islamic group recently decimation of human lives. A dimenstion
swore allegiance to the Islamic State to these tactics is the resent inclusion in
(ISIS) and reinforcing its influence their modus operandi. They now invade
beyond the borders of Nigeria relatively isolated villagges and other
(Vybiralova, 2016). localities with seeming dispersed
The militant group has forced settlement. This they do at the middle of
Christians to convert into Islam or die, the night or very early in the morning
compelled other Muslims to follow their when their victims are most unprepared
views and extreme interpretation of Islam. for their aggression. In fact, there seem to
In all, the group has killed civilians, burnt be a collaspe in their activities with those
whole villages, attacked and destroyed of the Fulani-Herdsmen.
Churches and other brutal acts of
decimation (ACN, 2016e). Similarly, they Aspects of Boko Haram Infringement
have carried out kidnapping of girls and on Human Rights in Nigeria
women for forceful marriages or sex Kidnapping, Forceful Conversion, and
slavery. The Chibok and Dapchi cases are Marriage:
two well-known abduction activity of the
group. This is a well-established mode of
The people in the North-Eastern operation of the insurgents. It stands as a
Nigeria are predominantly Muslims. The central strategy of the group in their
Kanuris who are the major ethnic group almost a decade long war. The continuous
are highly intolerant of the christian faith. kidnap of females especially teenagers
The region has witnessed the most volatile and young adults from communities and
religious violence in Nigeria. In 1981, the schools is their hallmark. These ladies
leader of Maitisine group that killed many serve multiple purposes to them. As
Christians and burnt their churches in human shield from military attack, as
Kano originated from Borno. domestic workers, as „sex objects‟ and as
The Boko Haram insurgency foot soldiers where they are more readily
which started in 2001 and has devastated deployed as effective suicide agents.
many states in the North Eastern part of Awojobi (2014) alludes to most of these
Nigeria is linked with religious points and adds that rape and kidnapping
intolerance and aggressive nature of the form parts of the group‟s strategy.
Kanuri people. The atmosphere of Below are some examples to drive
impunity is prevalent in Northern Nigeria home our point. According to Awodola
where state and local government and Ayuba (2015) on the 7th through 8th of
authorities neither investigated, July 2014, members of the sect kidnapped
prosecuted or sanctioned Muslims who at least 20 young women over the
attacked Christians or destroyed their weekend in Northeastern Nigerian village
BOKO HARAM INSURGENCY AND HUMAN RIGHTS 77
of Garkin Fulani. Also, in the same Borno On December 25 2012 in Borno
state on the 18th -22nd of June, 2014, they State, Islamic militants attacked a church
held the village of Kummabza to ransom on Christmas day; afterwards the church
for four days and ended up abducting over was set on fire and killed 27 people.
sixty (60) females alongside children and Similarly, on April 25 2013 in Baga,
men. Similarly, Awodola and Ayuba Borno State, Muslims gathering for
(2015) disclosed thaton the 7th of July morning prayers and school children,
2014 they returned back to Borno and Boko Haram killed 87 children and adults
kidnapped sixty three (63) more women (Tayo, 2015).On the 17th of July 2012
and girls from Kummabza village. members of the sect attacked three
Toromade (2017) observes that on the 23rd Churches in Kaduna and killed over fifty
of January 2017 BH invaded Dzaku (50) persons.Sporadic shooting of
village in Borno, killed 8 persons and worshippers is also engaged in by
kidnapped an undetermined number of members of the militant group (Adagba,
women and children.The Chibok and Ugwu&Eme, 2012).
Dapchi kidnap cases are sad reminders to For example,on February 3rd 2016
the atrocities of Boko Haram. Worst still they forced worshippers into their Mosque
is the kidnap and alleged forceful and shoot over 20 of them in Borno.
conversion of the Christian girl Leah Mosques were not spared by the members
Rachael which is still on-going and widely of the sect (USCIRF, 2016). On the 17th of
circulated in the media. July 2017, a female suicide bomber
detonated explosives at a Mosque in
Destruction of Places of Worship and Maiduguri and 8 persons were killed
Assault on Occupants: (Toromade, 2017). Also, Toromade
(2017) has it that on January 31st, 2017 in
At Niger state, members of the Borno state a Mosque in Dalori quarter
group carried out one of its very massive very close to the University of Maiduguri
destructions on a Church building and its was attacked by a suicide bomber and one
occupants. According to Adagba, Ugwu person died.
and Eme (2012) on the 25th of December
2011, a member of the sect launched a Opposition to Western and Christian
suicide attack on a Catholic Church in Education:
Madalla. The attack claimed the lives of
over 50 persons and damaged the Church At the centre of BH‟s insurgency
significantly. Ajayi (2012) has it that in is their zero-sum tolerance for Western
Gombe state, members of the group Education. The understanding that
attacked a Church and killed six (6) Europeans and Americans were at the
persons on January 5th of 2012. Similarly, fore-front of the propagation of this form
in Adamawa, members of the group killed of education is unwelcomed. Some
seventeen (17) people in a Christ notable affront to educational institutions
Apostolic Church in Yola on the 6th of and facilities will drive home this
January, 2012 (Ekanem, Dada and Ejue, point.The compelling evidence of
2012). uncontrollable insecurity in the area
forced the University Management of
Ukandu, Ikechukwu Maxwell, 78
Maiduguri to shut the school temporarily approach to issues of power is
on July 11th, 2011. February 21 2012 in uncompromising. In pursuit of state
Borno State, pupils of Gomari Costain control and access to its economic
Primary School in Maiduguri woke up on bounties, triumphalist religious groups
Tuesday to discover that their school has and movements engage in rights violation
been destroyed by Boko Haram who later to ensure a competitive advantage.
claimed responsibility for the violent Legal Laxity: The lack of
action. implementation of the rule of law is a
On February 22nd2012 in Borno tonic and moral boost to rights violators.
state, Abba Ganaram Primary School, When criminal justice administrators are
Maiduguri was also set ablaze.October not up to the task or responsible to the
2012 in Adamawa State, Boko haram: 40 dictate of their duties violators operate
Federal Polytechnic Mubi students with impunity. The perversion of justice
massacred in Nigeria 27. On July 6th 2013 through aiding and abating are enablers of
in Yobe State, Mamudo government this kind of disregard for the law and its
secondary school; Suspected Boko Haram enforcement. When violators go un-
terrorists killed at least 41 children and cautioned, the seed has been sowed for
one teacher (The Nation, 2014).According impunity.
to Zenn (2014) on September 29th 2013 in Human Rights and Security
Yobe state, there was an attack at college Porosity: Related to the rule of law is
of Agriculture, Gujba in Yobe state where another crucial component of a
over 40 students killed were on campus. democratic polity, human rights. The lack
Similarly, more than 150 sustained of clarity in human rights
injuries.On the April 14th 2014, the conceptualisation, presence of lacunars
members of the group kidnapped 250 and grey areas in the articulation and
female students from Government Girl‟s implementation of rights with security
Secondary School Chibok in Borno State implications, will encourage others to
(Zenn, 2014). abuse them.