Kaduna State Governor, Uba Sani has urged law enforcement agents to prioritize non-violent methods while carrying out their statutory duties, only resorting to the use of proportional force only when necessary.
He opined that “force must never be used vindictively or as a form of extrajudicial punishment, nor should it be applied in a discriminatory manner or against individuals who are not resisting.”
He handed down this message while seaking as the Special Guest of Honour at the International Human Rights Day event organized by the National Human Rights Commission of Nigeria on Thursday.
Commenting on the theme, “Proportional Force and Respect for Human Dignity – A Dialogue in Governance,” Governor Uba Sani underscored that when the use of force is necessary, it must be executed reasonably based on the circumstances.
“This means that violent or potentially violent suspects should only be arrested or, in extreme situations, killed when it is the only option left to prevent imminent risk to life,” he added.
Represented by the Deputy Governor of Kaduna State, Dr. Hadiza Balarabe, he reiterated that the right to dignity for all Nigerians is guaranteed under Section 34 of the 1999 Constitution, which entitles every individual to respect and dignity.
According to him, the Constitution stipulates that no Nigerian “shall be subjected to torture or inhuman or degrading treatment; shall not be held in slavery or servitude; and shall not be required to perform forced or compulsory labor.”
He also pointed out that this right is guaranteed under the Universal Declaration of Human Rights and the African Charter on Human and Peoples’ Rights, as well as other relevant statutes.
However, the Governor argued that “despite these constitutional and statutory provisions regarding the protection of the right to human dignity, violations remain widespread.”
He noted that such violations are often linked to state and federal agencies, particularly law enforcement agencies.
He noted that the challenge lies in finding a balance between protecting the right to human dignity and the use of proportional force by law enforcement agencies, especially when they intend to deviate from this right.
He described proportional force as the legal standard aimed at preventing state actors from infringing upon the right to human dignity.
“When force exceeds the proportional threshold, it becomes a violation of the very rights and dignity it is supposed to protect. Proportional force should aim to protect, not conflict with, human dignity.
“Conversely, the use of disproportional force by state actors may result in violations of the right to human dignity and other fundamental rights, such as the right to life, personal liberty, and freedom of movement”, he stressed.
The Governor however, lamented that “unfortunately, no law provides a clear definition or criteria for determining what constitutes proportional force in any given situation.”
He insisted that “each case must be evaluated within its unique context and circumstances to ascertain whether the force applied is proportional or disproportional.”
He emphasized that his government’s approach to combating banditry and other forms of insecurity is guided by the principle of using proportional force in every situation.
“The Kaduna State Government has adopted a ‘carrot and stick’ strategy by utilizing both non-kinetic and kinetic approaches to determine when to employ proportional force and when it is appropriate not to use it.
“While the kinetic approach is useful for immediate counter-insurgency actions where bandits are not receptive to peace agreements, the non-kinetic approach facilitates peace-building and sustainable security architecture.
“In this strategy, ‘carrots’ represent the non-kinetic approach, while ‘sticks’ signify the kinetic approach. The ‘carrot and stick’ strategy blends peace processes and other conciliatory engagements with coercive military actions or other forms of discipline, depending on the exigencies and specific circumstances of the situation. This approach has proven to be effective and successful in the state”, he explained.
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