Uba Sani Urges Law Enforcement to Exercise Caution in Use of Force

Table of Contents

• Governor's Advice
• Understanding Proportional Force
• Constitutional Guarantees
• Widespread Violations
• Balancing Rights and Force
• Government Strategy Against Insecurity

Governor Uba Sani has urged law enforcement officials to prioritize non-violent methods while performing their official duties, resorting to proportional force only when absolutely necessary.

The Governor emphasized that “force should never be used vindictively, as a form of extrajudicial punishment, in a discriminatory manner, or against individuals who are not resisting.”

He shared this guidance as the Special Guest of Honour at the International Human Rights Day event, organized by the National Human Rights Commission of Nigeria on Thursday.

Governor Uba Sani stated that when the use of force is warranted, it must be applied reasonably and based on the specific circumstances.

“This implies that violent or potentially violent suspects should only be apprehended or killed in extreme situations, where using force or lethal force is the only option remaining to avert an imminent threat to life,” he added.

Speaking on the theme “Proportional Force and Respect for Human Dignity – A Dialogue in Governance,” he was represented by the Deputy Governor of Kaduna State, Dr. Hadiza Balarabe.

The Governor reminded attendees that the right to dignity for all Nigerians is enshrined in Section 34 of the 1999 Constitution, which guarantees every individual respect and dignity.

According to him, the Constitution states that no Nigerian “shall be subjected to torture or to inhuman or degrading treatment; shall not be held in slavery or servitude; and shall not be compelled to perform forced or compulsory labor.”

He added that these rights are also protected under the Universal Declaration of Human Rights, the African Charter on Human and Peoples’ Rights, and other legal frameworks.

However, Governor Uba Sani argued that “despite these constitutional and statutory provisions aimed at safeguarding human dignity, violations remain prevalent.”

The Governor noted that such violations are often associated with state and federal agencies, particularly law enforcement bodies.

He stated that the challenge lies in “striking a balance between protecting the right to human dignity and the necessity for law enforcement agencies to use proportional force, especially when they seek to deviate from this right.”

Governor Uba Sani defined proportional force as the legal standard that prevents state actors from infringing upon the right to human dignity.

“When the application of force exceeds the proportional threshold, it becomes a violation of the very rights and dignity it is intended to protect. Proportional force should aim to safeguard, not conflict with, human dignity,” he explained.

“Conversely, the use of excessive force by state actors may lead to violations of the right to human dignity and other fundamental rights, such as the right to life, the right to personal liberty, and the right to freedom of movement,” he added.

The Governor lamented that “unfortunately, no law provides a clear definition or criteria to determine what constitutes proportional force in any given situation.”

He argued that “each case must be evaluated according to its unique circumstances to ascertain whether the force applied is proportional or excessive.”

Governor Uba Sani highlighted that his Government's approach to combating banditry and other forms of insecurity is mindful of applying proportional force in each situation.

“The Kaduna State Government has implemented a ‘carrot and stick’ strategy by utilizing both non-kinetic and kinetic approaches to decide when to apply proportional force and when to refrain from using it.

“While the kinetic approach is effective for immediate military responses to insurgency, particularly where bandits are resistant to peace agreements, the non-kinetic approach is essential for fostering peace and establishing a sustainable security framework.

“Thus, the ‘carrots’ represent the non-kinetic approach, while the ‘sticks’ symbolize the kinetic approach.

“The ‘carrot and stick’ strategy employs peace processes and other conciliatory efforts on one side, and coercive military actions or punitive measures on the other, to address insecurity based on the specific needs and circumstances of each situation.

“This strategy has proven effective and successful within the State,” he concluded.