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REPORT
OF THE
PROMOTIONAL MISSION
TO THE
FEDERAL REPUBLIC OF NIGERIA
ON
7-18 FEBRUARY 2005
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1.0
Introduction
The African Charter on Human and Peoples’ Rights provides for the establishment of the African
Commission on Human and Peoples’ Rights. The 18th OAU (now the AU) Summit of Heads of State
and Government meeting in Nairobi, Kenya on 26th June 1981 adopted the African Charter. The
African Charter came into force on 21st October 1986 upon ratification by the requisite number of
Member States. The first members of the African Commission were elected at the 23rd OAU
Assembly of Heads of State and Government in July 1987 and the inaugural session of the
Commission took place in November 1987.
Under the African Charter, the African Commission is mandated to promote the observance of the
African Charter, monitor its implementation, and ensure the protection of the rights and freedoms
set out in the Charter across the continent, interpret the African Charter and advise on its
implementation.
The Promotional function of the African Commission mandates Members of the African
Commission to undertake promotional missions to States Parties to the African Charter. Promotional
missions are an important aspect of the African Commission’s activities as they enable it to establish
communication and links with Member States.
The Federal Republic of Nigeria is a State Party to the African Charter on Human and Peoples
Rights. It ratified the African Charter on 22 June 1983.
A brief background of the Federal Republic of Nigeria
1.1
Pre independent Nigeria
Portuguese and other European explorers brought trade in gold and spices to the coast and the south
and created an intense demand for slaves, whom they often bartered for weapons. Britain abolished
its transatlantic slave trade in 1807 and imposed a naval blockade to enforce the ban. Inland, it
encouraged missionary societies to explore and trade along the Niger itself. To forestall competition
from France and Germany, in 1886 Britain gave the Royal Niger Company a charter to control
commerce on the river, to administer internal territories and to extract mineral wealth.
The colonial administration devised a form of indirect rule, leaving governance to a series of
traditional, local networks, which had the effect of encouraging patronage and decentralizing
authority. The colonizers promoted English and Christianity, built some infrastructure and fostered a
cash-crop economy. But growth was uneven; to prevent unified resistance, ethnic groups had been
isolated from one another. And as the church controlled education, development lagged in the
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Muslim north. The British claimed additional northern territories in 1894, prompting years of war
with the Fulani emirs. During the First World War, British Nigeria absorbed some of Germany’s
territories in Cameroon.
Despite post-war reforms, nationalist and pan-Africanist movements gained strength throughout the
20th century. Nigerians won their independence in 1960 and wrote a federal constitution, modelled
on British-installed codes and guaranteeing substantial rights to minority groups. Cameroon broke
away to form a separate state later that year and in 1963 Nigeria became a Republic.
1.2
Post-Independent Nigeria
Nigeria became an independent nation on Oct. 1, 1960, and a Republic in 1963, with a federal
structure and three regional governments based on the compass points of north, east, and west. A
fourth region the Midwest was later added. The country's political structure was increased to twelve
states in 1967, to nineteen states in 1976, with Abuja as the new federal capital. Between 1987 &
1991, a total of eleven states were created, and just recently in 1996, six additional states were added,
bringing the administrative structure of the federation to thirty-six states.
After independence Nigeria adopted a Republican constitution in 1963, with B.N. Azikiwe as
president, and chose to remain within the Commonwealth. Sharp conflicts among the various regions
marked the first few years of independence, culminating in an Ibo coup d’Etat in 1966, resulting in
the death of the Prime Minister, T. Balewa and two other regional Premiers; this was the end of
civilian rule.
The same year, a second coup d’Etat, led by Hausa officers, installed a new military regime headed by
Lieutenant Colonel Yakubu Gowon. The Ibo of the Eastern Region declared the Independent
Republic of Biafra in 1967, provoking a disastrous civil war which persisted until Biafran surrendered
in 1970. Gowon was ousted in a military coup in 1975, but the new regime restored civilian rule in
1979, with a democratic constitution introduced. Alhaji Shehu Shagari was elected president in free
elections.
However, four years later, a coup d’Etat ousted Shagari and reintroduced military government.
Major- General Ibrahim Babangida became President in 1985 following another coup and he later
announced plans to reconstitute civilian rule. A new constitution (1990) scheduled national elections
for 1992, but Babangida annulled the presidential results, alleging fraud. Moshood Abiola apparently
won another election (1993), but Babangida once again claimed the elections were fraudulent.
Popular agitation led to Babangida’s resignation. Ernest Shonekan, a civilian was named interim
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leader, and was forced out of government after three months by General Sani Abacha, who became
President of the Republic. He placed a ban on all political institutions. He died on 8 June 1998 of a
hear attack, and Abdulsalam Abubakar tooks over the reins of power, setting up a transition
government which led the country to democracy in May 1999.
After a series of elections, Olusegun Obasanjo was declared the new democratically elected president
on 29 May 1999. He again won the general elections held in 2003 for a second and final term.
1.3
Current Political Structure
The Federal Republic of Nigeria currently comprises 36 states and the Federal Capital Territory
(FCT, Abuja). The legal system is based on English Common Law. The 1999 Constitution is the
Supreme Law governing the Federal Republic of Nigeria and it provides for separation of powers
and mutual independence of the Executive, the Legislature and the Judiciary.
1.3.1
The Executive
The President is elected by universal suffrage to serve a four-year term and the State Government
comprises of State Governors and State Houses of Assembly. The National Government is
composed of the Federal Executive Council, which is chaired by the President. The most recent
presidential election was held on April 19th 2003.
Olusegun Obasanjo was re-elected to the
presidency, while his party, the PDP, won a majority of seats in both houses of the National
Assembly. He was sworn in on May 29th 2003 and next national elections are scheduled for 2007.
1.3.2
The Legislature
The National Assembly comprises the 109-seat Senate and the 360-seat House of Representatives;
both are elected by universal suffrage for four-year terms. The most recent legislative election was
held on April 12th 2003.
1.3.3
The Judiciary
Nigeria operates a four tier judicial system, namely:
•
The Supreme Court which is the highest Court of the Land
•
The Court of Appeal, the Sharia Court of Appeal and the Customary Court of Appeal of a
State
•
The High Court of a State- this category has unlimited jurisdiction to hear and determine any
civil proceedings in which the existence or extent of a legal rights, power, duty etc is in issue
•
And the Magistrate Court and Customary Courts.
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1.4
Political Parties
The Main political parties are the People's Democratic Party (PDP); All Nigeria People's Party
(ANPP); Alliance for Democracy (AD); All Progressive Grand Alliance (APGA); National
Democratic Party (NDP); United Nigeria People's Party (UNPP); 30 political parties are currently
registered.
2.0
General information about Nigeria
2.1
The Land and People
Nigeria is a Federal State with a total land area of 923,768 sq. km. (356,668 sq. mi.) Nigeria is the
14th largest country in Africa. Its coastline, on the Gulf of Guinea, stretches 774 km (480 mi.).
Nigeria shares its international border of 4,470 km (2513 mi.) with four neighbors: Chad, Cameroon,
Benin, and Niger. Until 1989 the capital was Lagos, with a population of about 2,500,000, but the
government recently moved the capital to Abuja.1
Nigeria has the largest population of any country in Africa (about 120 million), and one the greatest
diversity of cultures, ways of life, cities and terrain. Virtually all the native races of Africa are
represented in Nigeria, hence the great diversity of her people and culture. It was in Nigeria that the
Bantu and Semi Bantu, migrating from southern and central Africa, intermingled with the Sudanese.
Later, other groups such as Shuwa-Arabs, the Tuaregs, and the Fulanis, who are concentrated in the
far north, entered northern Nigeria in migratory waves across the Sahara Desert. The earliest
occupants of Nigeria settled in the forest belt and in the Niger Delta region. Today there are
estimated to be more than 250 ethnic groups in Nigeria. While no single group enjoys an absolute
numeric majority, four major groups constitute 60% of the population: Hausa-Fulani in the north,
Yoruba in the west and Igbo in the east. Other groups include: Kanuri, Binis, Ibibio, Ijaw, Itsekiri,
Efik, Nupe, Tiv, and Jukun.
2.2
Economy
Nigeria displays the characteristics of a dual economy: modern sector heavily dependent on oil
earnings overlays a traditional agricultural and trading economy. During the colonial era, cash crops
were introduced, harbours, railways and roads were developed, and a market for consumer goods
began to emerge. At independence in 1960 agriculture accounted for well over half of GDP, and was
the main source of export earnings and public revenue, with the agricultural marketing boards
playing a leading role. This leading role in the economy has been taken over by the national oil
1
Sourced from <http://www.nigeriaembassyusa.org/history.shtml> accessed on 31
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company, the Nigerian National Petroleum Company (NNPC). In 2001, according to official
Nigerian government estimates, the oil sector accounted for 76.5% of federal government revenue,
more than 95% of export earnings and 10.6% of GDP at factor cost. Agriculture (including livestock,
forestry and fishing) is still the main activity of the majority of Nigerians, constituting about 40% of
GDP.
On an expenditure basis, the breakdown of GDP is characterized by very high levels of consumption
(private consumption accounted for 59.3% of GDP in 2001 and public consumption for 14% of
GDP) and low investment. Gross capital formation, concentrated almost exclusively in the oil sector,
accounted for only 6.3% of GDP, according to Nigerian government data. 2
3.0
General legal framework within which human rights are protected
3.1
The Constitution
The Federal Republic of Nigeria is governed in accordance with the provisions of a Constitution.
The most recent came into being in May, 1999, when the then out-going military Head of State,
General Abdulsalami Abubakar, promulgated a Decree recognising the new body of laws as the
country's supreme document. The new Constitution is based essentially on the report of a
Committee which had collated the views expressed by Nigerians on the 1995 Draft Constitution,
although that report was amended by the military government's Provisional Ruling Council.
Nevertheless, the 1999 Constitution is, in many respects, also similar to the 1979 Constitution.
Significantly, the Constitution affirms that Nigeria is one indivisible and indissoluble sovereign state,
whose constituent units are bound together by a Federal arrangement. It provides for a presidential
system of government in which there is an Executive, a Legislature and a Judiciary, which acted as a
check and balance on the powers of the other two arms. The Constitution further provides for the
operation of three tiers of government, at the Federal, State and Local levels.
Chapter IV of the 1999 Constitution of Federal Republic of Nigeria provides for Fundamental
Rights.
3.2
2
Regional Human Rights Instruments ratified:
•
African Charter on Human and Peoples’ Rights-Ratified on 22 June 1983;
•
OAU Convention Governing Specific Aspects of Refugee Problems in Africa
Sourced from <http://www.economist.com/countries/Nigeria/profile.cfm?folder> accessed on
2005.
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•
Ratified 23 May 1986;
•
Protocol to the African Charter on Human and Peoples Rights on the establishment of an
African Court on Human and Peoples Rights –Ratified 20 May 2004;
•
African Charter on the Rights and Welfare of the Child- Ratified on 23 July 2001;and
•
Protocol to the African Charter on the Rights of Women in Africa- Ratified on 16
December 2004.
3.3
Nigeria National Human Rights Commission
The NNHRC was established by Decree No 22 of 1995 and began operations when its Governing
Council was inaugurated by the late Head of State General Sani Abacha on 17 June 1996. The
objective in establishing the Commission according to the enabling law was to create an organ for
facilitating Nigeria’s implementation of its various human rights treaty obligations; a mechanism for
extra-judicial recognition, promotion and enforcement of human rights and a forum for public
enlightenment and dialogue on human rights issues.
4.0
The Promotional Mission
Mrs. Jainaba Johm is the Commissioner responsible for promotional activities in the Republic of
Nigeria. The promotional mission to Nigeria was undertaken from 7-18 February 2005. Mr George
Mukundi, Legal Officer at the Secretariat of the Commission assisted Commissioner Johm on this
mission.
The Ministry of Foreign Affairs of the Federal Republic of Nigeria coordinated the arrangements for
the mission on behalf of the government and was in contact with the Secretariat of the African
Commission and the Commissioner responsible.
The objectives of the promotional mission of which the officials met were informed were:
1. To promote the African Charter and exchange views and information on its implementation;
2. To raise awareness of and visibility of the African Commission and its functions especially
among the relevant government departments and institutions and in civil society;
3. To follow up on recommendations arising from decisions of the African Commission
especially on the SERAC case brought against the Republic of Nigeria
4. Seek clarification and follow up on reports and information before the African Commission
about the human rights situation in Nigeria;
5. To encourage a closer relationship between the African Commission and the Republic of
Nigeria and between the African Commission and the civil society human rights NGOs.
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Mr. Mohammed Zanna, a Ministers Counsel, Ministry of Foreign Affairs, African Affairs, received
the delegation and Mrs. O. O Oghanah and Ms. Sarah Ndem of Protocol Ministry of Foreign Affairs
assisted and accompanied the delegation to some of the meetings. The delegation would like to
express their appreciation to them for facilitating the Mission.
5.0
Meetings
In all her meetings Commissioner Jainaba Johm made a brief of the mandate of the African
Commission on Human and Peoples’ Rights and her promotional mission in Nigeria. She sought to
promote the African Charter and assess the extent to which the Nigerian government was
disseminating the African Charter and the conformity of Nigerian laws and practices to the Charter
provisions. The Commissioner also distributed copies of the African Charter, the Commissions Rules
of Procedure, a compilation of the Commission’s resolutions and recommendations, a handbook on
the procedure of submitting communications before the Commission and state reporting procedures.
She also distributed the decision on the SERAC case against Nigeria and urged government to
implement the Commissions recommendations and for the NGOs to lobby for the implementation
of the decision by the Government.
5.1
Meeting with the Under Secretary Ministry of Foreign Affairs-African Affairs
Directorate
The first meeting of the Commissioner was with the Undersecretary, Ministry of Foreign Affairs,
African Affairs Directorate, Ambassador Mrs. Florentina Adenike Ukonga to brief her on the
Mandate of the Commission, the Promotional Mission, fine tune the program and discuss other
logistics for the Mission including a planned visit to Kano State. The Commissioner also submitted
three communications and two video tapes of evidence which the Commission was seized of during
the 36th Ordinary Session in Dakar, Senegal.
5.2
Courtesy call on the Minister of Foreign Affairs
The Commissioner briefed the the Minister of Foreign Affairs Hon. Ambassador Oluyemi Adeniji,
on the mandate of the Commission and her promotional mission in Nigeria. She informed the Hon.
Minister that Nigeria has five outstanding periodical state reports and urged him to coordinate with
the Ministry of Justice to ensure submission of the outstanding reports by Nigeria. The Hon Minister
admitted that due to the amount of work sometimes officials may have relegated the submission of
state reports but his ministry will make efforts to ensure that the outstanding state reports are
submitted in due course.
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The Commission informed the Minister on the status of the Protocol to the African Court on
Human and Peoples’ Rights and the decision by the Assembly of Heads of State and Government of
the African Union seeking to merge the Court on Human and Peoples’ Rights and the African Court
of Justice. She briefed the Minister who as a member of the Executive Council of the African Union
was well aware of the decision. The Commissioner sought the Ministers good offices to urge the
President of the Republic of Nigeria to revisit the decision to merge the two courts on the basis of
the procedural and legal differences establishing the two courts. She reiterated that that the African
Commission understood the practical consideration in seeking to merge the two courts but felt that
at least since the protocol establishing the African Court on Human and Peoples Rights was in force
the court should start operations. The two courts she averred could be located in the same building
but should be independent and autonomous for effective administration of their different mandates.
The Hon Minister indicated that the Assembly’s decision to merge the two courts was to ensure that
they utilize the resources available. He intimated that the issue was not to subsume the human rights
court and they are looking at the two protocols to see how efficient and effective that could be done.
He said that some legal experts were working on the proposals and would make their
recommendations in July. He said that the head quarters of the Court had been allocated to Mauritius
but in the mean time he would communicate the Commission’s views to the Chairperson of the
African Union, President Olusegun Obasanjo.
The Commissioner also informed the Hon Minister that they were pending communications against
the Republic of Nigeria which the State was expected to make submissions. The Minister
acknowledged receipt of the Communications and indicated that the necessary action would be
initiated. The Commissioner presented copies of the Commission’s documents and urged the Hon
Minister to ensure wide distribution and dissemination of the African Charter.
5.3
Courtesy call on the Permanent Secretary, Ministry of Foreign Affairs
The Commissioner briefed the Permanent Secretary Ambassador Mrs. Wadibia Anyanwu on the
outstanding submission of State Reports by Nigeria to which she promised to liaise with the Ministry
of Justice to ensure the reports were submitted in due course. The Commissioner also informed the
PS that she had submitted to the undersecretary in the Ministry of Foreign Affairs a new
complication of communications against Nigeria which the Commission had been seized of during
the 36th Ordinary session as well as documentary proof on one communication and hoped that the
Ministry would make the necessary submissions.
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The Commissioner requested the PS to use her good offices to urge her minister and the President
of Nigeria to revisit the decision by the AHG/AU on merging the African Court on Human and
People’s Rights and the Court of Justice. The PS informed the Commissioner that the reason
Nigeria took the position of merging the two courts was reduce the administrative costs of the two
courts and their secretariats but also opined that two courts procedural and legal basis could be
different but possibly located in one building. The PS undertook to communicate the Commissions
views to her minister and President.
5.4
Meeting with the Attorney General and Minister of Justice
The Commissioner informed the Minister Chief Akinlolu Olujinmi SAN that she had submitted an
up to date communications against Nigeria before the African Commission and hoped that Nigeria
would make the requisite submissions. The AG informed the Commissioner that the African Charter
on Human and peoples Rights had been domesticated in the laws of Nigeria and the judiciary in had
been making land mark judgments and contributed tremendously in the protection of human rights
in the country. The minister informed the Commissioner that he had prepared an agenda for
reforming the justice sector in Nigeria a copy of which was given to the Commissioner.
The Commissioner informed the Minister that Nigeria had fallen behind in its submissions of State
Reports noting that the only and last report presented by Nigeria was in 1993. She urged the Hon
Minister to ensure that Nigeria submitted the outstanding reports to which the Director of
International and Comparative Law averred that there had already made a draft but it needed to be
finalized and would be submitted in due course.
On the communications before the African Commission against Nigeria, the Director of
International and Comparative law indicated that the Ministry would respond to them in due course.
The Minister however intimated that the Government has enemies who would like to embarrass
Nigeria and bring frivolous applications without exhausting domestic remedies and urged the
Commissioner to ensure that only cases which had already exhausted local remedies should be
entertained by the Commission. The Commissioner informed the Minister that article 56 of the
African Charter guarded against frivolous applications and that the Charter was clear on the
exhaustion of domestic remedies.
The Commissioner sought to know about the Human Rights Violations Investigations Commission
Report ( Oputa report). The Hon Minister informed the Commissioner that Oputa Commission was
instituted by the President and was well received by the public. He said that problems arose when the
Commission went to receive complaints against former head of states the like of General Babangida
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who went to court to challenge the jurisdiction of the Oputa report to investigate the violations all
over the country. The Court he said ruled that the Commission did not have power to investigate
those allegations all over the country. The Minister averred that it was therefore not possible to
release a document which had been adjudged illegal by a court of laws since it does not have legal
impetus.
The Commissioner sought information on the status of prosecutions of the perpetrators of the intercommunal and religious violence in the North, especially Kano and Plateau states. The Minister
informed the Commissioner that it is very hard to regulate the conduct of people. He said that a
number of people have been arrested and are facing prosecutions. He also sad that the menace cause
by vigilante groups was being addressed through arrests and prosecutions which were already under
way
On the application of Sharia law in criminal cases the Hon Minister admitted that the application of
Sharia law especially on certain sentences was raising hue and cry over the violations of human rights.
However he indicated that over time Sharia law is changing since some of the sentences passed by
the lower courts are being overturned by the Sharia Court of Appeals. He said it is a system of law
that is practiced by the predominantly Muslim states and was confident that the situation will change
with time to reflect modern perspectives of human rights standards.
On the status of the May 2004 Bill on Violence against Women the Minister opined that there was
not any specific violence of women in Nigeria although there could be isolated instances. He
indicated that the Bill was still in the process of Parliamentary debate.
On the question of the Death Penalty in Nigeria the Hon Minister said that there are two
committees. The Ministry had convened a study group on the death penalty which has already
submitted a report on the matter and that the Committee was still working on the matter but had not
made specific recommendations.
He also said that the President’s had formed a National Study Group for those on the death row
while his study group was the general issues of getting views from the peoples on the question of the
death penalty. He said the recommendations of the study groups would be reviewed and discussed by
the various stakeholders in Nigeria. He informed the Commissioner that it was only one state in Ogu
State that had signed a warrant of execution in the last two years but said that the death penalty had
not been carried out although there was no official moratorium
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Finally the Commissioner requested the AG to use his good offices to urge the Chair of the African
Union President Obasanjo to revisit the decision of the Assembly to merge the African Court on
Human and Peoples Rights and the African Court on Justice. She also called on his ministry to
disseminate the Charter and sensitize the public on the African Commission.
5.5
Meeting with the Chief Justice, Federal Republic of Nigeria
The Commissioner informed the Chief Justice Hon Justice M. L Uwais CON on the soon to be
established African Court on Human and Peoples’ Rights and the current status of the Court. She
explained the Commission’s position on the merger of the Court of Justice and the African Court on
Human and Peoples Rights.
The Commissioner sought information on the application of the African Charter on Human and
Peoples Rights in the judgments of the courts. The CJ said that human rights are part of the training
that judges undergo in Nigeria. The CJ informed the Commissioner that all the High Courts both
Federal and States of Nigeria has original jurisdiction on human rights cases as provided for by the
Constitution of Nigeria. He said that there are rules made by the CJ since 1980 called Human Rights
Enforcement rules which are procedural in bringing forth human rights cases in the Republic. The
Judiciary he added holds workshops and seminars on human rights to educate judges and the public
and at the University level the curriculum has a human rights component and so does the law
schools. He said that there were law reports published by private organization on human rights case
decided upon such the Gani Fawehnmi reports.
The Commissioners sought clarification on the position of the judiciary’s on the application of Sharia
law in criminal cases. The CJ said that the matter was dicey since it also revolved around political
considerations. He however posited that the states that have adopted Sharia law claimed it was within
their Constitutional Rights while those that had not said it is against human rights provisions.
The CJ noted however that in instances where sentences had been issued that amounted to cruel and
inhuman and against human rights standards the Sharia Court of Appeal had reversed them. He
indicated that there was a specific procedure of appeals and those persons who have been sentenced
in this manner are encouraged to appeal. He intimated that the matter had not been exhaustively
settled since the matter had not gone through all the stages of appeal processes and the Supreme
Court had as yet to rule on the matter since as it were the issues had been settled by the Sharia Court
of Appeal. He cited the strict requirement of rules of locus standi as a bar to litigants especially NGOs
who tried to appeal on behalf of clients since it required appellants to have been personally
aggrieved but expressed optimism that the judiciary would ensure that justice was done.
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On access to justice for indigent members of the public, the CJ said that there was a problem of lack
of resources which translated to the few judges and courts. He hoped that there would be more
judges appointed in Nigeria thereby opening up more courts to facilitate easier and efficient access to
justice. He also decried the withdrawal of the witness allowance which hindered justice in the sense
that it was increasingly difficult to have witnesses attending court for lack of money to make such
appearances. He noted however that there is a proposed amendment for the federal government to
fund the state judiciary that would also cover witness allowances but that would have to wait until the
Constitution is amended.
He averred that the Judiciary is working with the Nigerian Bar Association to have them appear pro
bono on certain cases. He however noted that there emerged problems on capital cases whereby the
Federal Law and State laws seemed to conflict. He gave the example within Sharia states the where
capital punishment had been adopted and indicated that the states were not willing to provide legal
aid for capital offenders. He noted however that the National Legal Aid Council provides legal aid to
the indigent members of the public.
On the matter of corruption in the judiciary the CJ indicated that the Executive had purported to
reform the judiciary but averred that conflicted with sovereignty of the three arms of government
and hence the matter ought to be addressed legally through laws.
He said that reforms in the judiciary should come from the Judiciary. The Constitution he said gave
the authority to the Chief Judge to make laws for the courts. He intimated that issuing exparte
injunctions to stop government from working and other organs of government is one area where the
judiciary had been looking into to ensure that there were no corrupt deals with members of the
judiciary. He informed the Commissioner that Judges makes returns on quarterly basis which is also a
welcome progress to the National Judicial Council.
He said that the National Judicial Council is in charge of addressing concerns of corruption of judges
and that on receiving allegations against a judge the National Judicial Council informs the judge on
whom the allegations have been made and he can be represented by a lawyer. The National Judicial
Council he added, investigates and gives the judge and the complainant a hearing if the established a
prima facie case. He said that the National Judicial Commission does not rely on newspaper and
media allegations and a formal complaint is necessary to institute investigations. He said that the
National Judicial Council recommendation is outright dismissal with no option for a warning.
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He noted that for lawyers who may have participated in the bribery allegation the judiciary has nor
jurisdiction over them and it was upon the Nigerian Bar Association to set up a committee of its
executive that receives complains and investigate. He said there is a Committee of Benches that
makes the recommendations. He also noted that there were other institutions established by the
Federal Government to deal with corruption matters such as the Independent Corrupt Practices and
Allied Matters Commission (ICPC) which may prosecute a lawyer or a judge alleged of corrupt
practices. The other one he said was the Economic and Finance Crimes Commission which may also
prosecute corruption offenders.
The Chief Justice informed the Commissioner that there was a National Judicial performance
Committee. He noted that a report by the National Judicial Performance Committee’s
recommendations is being applied. For example he said he had recommended retirement for reasons
of under performance which had been implemented. He noted that the National Judicial Council is
in charge of performance by judges and it approaches the judge in question for not living up to his
expectations. He however said that the Supreme Court is exempted from the performance measures
by the National Judicial Council since it is common knowledge that it is working.
The CJ informed the Commissioner that women were well represented in the Nigeria judiciary.
However, he noted that there was no female representation in the 16 judges of the Supreme Court.
This he attributed to the geographical considerations in the appointments of members of the
Supreme Court saying that for example the most senior woman judge in the Court of Appeal is from
the North and the North is already over represented in the Supreme Court and it was therefore not
deliberate discrimination.
The CJ indicated that the National Judicial Institute is responsible for organizing conferences and
workshops for all the judges in Nigeria. He said that there was a Board of Governors consisting of all
the heads of the courts and the Chief Justice, President of the Court of Appeal, the Chief Judge of
the Federal High Court, all the Chief Judges of the State High Courts, Customary Court of Appeal
Head, Sharia Court of Appeal Head. He said that they discussed all matter concerning the judiciary,
welfare and budgets and met quarterly in a year
On the relations of the prisons with the judiciary the CJ said that all the chief Judges are supposed to
visit prisons to find out the duration of remandees and have the power to release them if they are on
minor offences and have been in custody for durations commensurate to the terms they would have
served if sentenced. He decried the problem of delayed prosecutions and cited the common transfer
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of police officers investigating and prosecuting cases which affected trials and as a result prison
congestion.
On the procedure of appointing the Chief Justice he informed the Commissioner that a name is
submitted by the National Judicial Council to the President who forwards the name to the Senate for
appointment.
5.6
Meeting with the Minister of Education
The Minister of Education Hon. Prof. Fabian Osuji informed the Commissioner that there is free
and universal basic education in Nigeria. He admitted that the girl child education had some
hindrances due to culture and religion in some parts of the country but the handicap was being
overcome through sensitization. The laws in Nigeria made universal basic education compulsory by
making it actionable and guaranteed education for the first 9 years of education. He intimated that
parents can be sued for failure to enroll their children in schools and that the government instituted
special programs for accelerated girl education in states where the Federal Government felt that due
to cultural and religious factors girl education had been stunted. He indicated that UNICEF and
DFID were assisting and involved in making girl friendly schools and mobilized religious leaders and
the public to send girls to school and retain them in schools.
The Hon. Minister said that Nigeria has a Commission for nomadic education to ensure that migrant
families and their children have access to education. He added that there was an adult literacy and
non formal education which targeted persons who have missed education and recently launched the
Open University of Nigeria which caters for persons who are not able to receive the regular
conventional university education.
The Hon. Minister said that universities in the country have catchments areas where they draw the
majority of the students. He explained that the catchments areas principles did not mean that persons
from other areas can not join the Universities but it caters for affirmative action to ensure people
from all over the country have access to university education to ensure there is a federal character in
education in the federal universities.
The Hon. Minister indicated that religion was taught in schools to create awareness and sensitivity
about religious intolerance. He also indicated that the Government has granted licenses to faith based
and private persons to have universities and secondary schools to ensure education is accessible to all
and enhance the quality of education.
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The Hon Minister said that the schools curriculum is all encompassing to ensure people learn human
rights. He further indicated that the National Research and Development Council made
recommendations to the National Council of Education to develop a curriculum for educational
institutions and civic education covering human rights education is included. He averred that all
commissioners of education are members of the Council.
5.7
Meeting with the Minister of Women Affairs and Youth Development
The Minister Hon. Mrs. Obong Rita Akpan briefed the Commissioner on the efforts of her ministry
in women and youth empowerment in Nigeria. She informed the Commissioner that Nigeria had
ratified the Optional Protocol on Women in Africa and domesticated CEDAW in the laws of the
country. She also said that in the pursuit of good governance in Nigeria human rights issues covered
women rights aspects in the republic as well as the rights of the child which are recognized and
protected in the constitution.
The Minister informed the Commissioner that there was a legal aid council that provided legal aid to
all and sundry including women and the National Human Rights Commission was involved in
addressing the human rights concerns of women. She averred that rights of human beings can never
be postponed and her ministry was making special efforts to address the human rights concern of
women in the Republic.
She said that women participation in decision in Nigeria was progressive being realized noting that
there were 3 senators in Nigeria out of 109 senators and that out of the over 360 members of
representatives only 23 were women. She admitted that there were lapses in human rights protection
of women in Nigeria in the past military regimes which was being bridged through capacity building
and sensitization.
She averred that there were also problems of data in terms of quantifying and costing number of
developments. She applauded the Government’s efforts in planning for the national census which
would address she said the planning needs of the country.
As regards prison reforms she said that her ministry was involved through prison visits and reform
strategies of the prisons. She decried the fact there were no separate prisons for juveniles. The Hon
Minister requested the Commission to assist the ministry and the government in pointing out areas
where it felt there was need for reforms.
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On women’s health the Minister said that Nigeria had a problem with infant mortality and maternal
mortality. She informed the Commissioner that she met regularly with all the other commissioners in
the states to know their focus and how they tackled emergent issues. She said that the National
Council on Women Affairs was also involved in tackling issues confronting women.
On the state of girl child education the Minister said that the domestication of CEDAW covered the
girl child education. She indicated that that State prohibited the withdrawal of girls from schools and
her ministry was advocating against early marriages in the Republic. She however called for
sensitization to internalize and understanding of the benefits of retaining girls in schools stating that
27 May each year is a Children’s day in Nigeria where the Federal Government sensitized its citizenry
on children rights.
On the question of child trafficking the Minister said that NAPTIP a government agency in
collaboration with the ILO was involved in the prohibition and eradication of trafficking in children.
The ministry she said had established a shelter in one of the transit states i.e. Benin and Lagos where
they counseled and taught skills and some forms of trade for possible reintegration into society.
On the issue of FGM and the HIV/AID pandemic the Minister informed the Commissioner that the
Ministry had mandated the directors in the ministry to go back to the states where they come from to
sensitize the public on stigmatization of HIV/AIDS and possible effects of HIV/AIDs especially on
prevention and capacity building.
She said that FGM was a great violation of women rights. She informed the Commissioner that there
was a private members bill which was in the process of enactment in parliament on the matter. She
noted that HIV/AIDS had led to many orphans and widows which and the disease’s prevalence was
a great problem to the ministry but efforts were in place to address the matter. She said the ministry
was collaborating with UNICEF to tackle the problem of orphans and the Ministry was establishing
centre to tackle the problem of street children as a result of the HIV/AIDS pandemic in all the states
in the Republic.
On the question of Sharia law on women rights and the freedom of religion in the Republic, the
Minister said that issue was contentious since it hinged on religious aspects but noted that Nigeria
respected of the rule of law. A director in the ministry indicated that in all the state there is no forced
practice of religion or Sharia law. He said the government was involved in trying to seek truce
between the various stakeholders to array fears of religious animosity. For example he indicated that
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in the case of Safia the lady who had been sentenced to be stoned to death government was involved
in covert efforts and in a subtle way to protect the rights of women in the country.
On Poverty alleviation amongst women the Minister said that her ministry had approved a budget
for the first time since the establishment of the ministry to alleviate poverty. She said the Ministry
would identify projects and grant women in the grassroots means of access to financial facilities to
support economic ventures. She stated that a bank is willing and has a capacity to finance grassroots
projects for women in the federation and the Ministry has therefore created a Women Fund for
Economic Empowerment which would initially be disbursed to about 20 states which will go to local
cooperative societies to help women. She said that the Ministry would within an year liase with other
financial institutions to put women small scale entrepreneurs on business streaks.
5.8
Meeting with the Director General of the National Centre for Women Development
The Director General Mrs. Esther Mangzha briefed the Commissioner on the mandate of the
NCWD. She said the NCWD was established in 1992 by the Government and is represented in all
the other states. She said that the Centre comprises of Committee rooms, hostels for the women of
Nigeria to conduct workshops, classrooms, exhibitions, shopping complexes, a day care and nursing
centers and a legal aid centre run by the ministry of women affairs.
The Centre she said carried out advocacy, policy formulation, workshops/training and research and
national surveys on women rights such as religious laws and customary laws. She informed the
Commissioner that the centre had been involved in constitution and legislative reforms to give
women their rights. She took the Commissioner on a tour of the premises where they conducted
training in fashion design, tailoring and catering, tie and dye, beadwork, weaving, hut making, shoes
and bag making. She stated that the Ministry provided resources for the trainers and in other
collaborative efforts.
She stated the following were the main concerns of women in Nigeria discerned from a national
survey carried out by the Centre:
•
Infrastructural development
•
Health issues- HIV/AIDS. Malaria, Diabetes, waterborne diseases, hypertension
•
Micro credit
•
Discriminatory practices such as FGM
•
Poverty alleviation- Economic disparities
•
Responsibilities of households shouldered by women
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•
Girl child education especially in the North-
•
The trafficking of women and children although she admitted that NAPTIP is making
efforts to address the issues on trafficking
5.9
Meeting with the Inspector General of Police
The Acting IGP Mr. Sunday Gabriel Ehindero, briefed the Commissioner on the Nigerian Police
Force and its efforts to ensure it upholds the principles of human rights in the country. He indicated
that the police were determined to ensure justice, fairness and the promotion of the common good.
He said that effectiveness, accountability and responsiveness were the tenets guiding the Nigeria
police force. The Police Force in Nigeria, he added enforced the provisions of the domestic laws and
the human rights provisions of the international human rights instruments.
He averred that the criminal justice system needed reforms especially to decongest prisons since a
number of the majority of those detained were suspects who are presumed innocent till proven
guilty. He said that his department collaborated with other institutions such as prisons in the
criminal justice system for example the police vet cases before and during investigations as well as
conducts certain prosecutions.
He intimated that the police are making efforts to be human in the manner of arrest, avoid extra
judicial killings and bear in mind the principle of innocence till proved guilty to ensure that they
fulfilled the stipulations of the African Charter on Human and Peoples’ Rights.
He informed the Commissioner that the police were being trained to ensure that the values of human
dignity were respected and fairness and security concerns of the public were observed. This would
address the public concerns of police impunity. He also indicated that the Police Force was initiating
some community policing to eradicate the menace of the vigilante groups in parts of the country.
6.0
Meeting with the Executive Secretary to the National Human Rights Commission
The Executive Secretary Mr. Bukhari Bello, briefed the Commissioner on his institution’s mandate.
He informed the Commissioner that the African Charter is part of the municipal law in Nigeria since
it had been domesticated. He said that the Nigeria National Human Rights Commission has a public
enlightenment and education program that disseminated the Charter provisions as well as human
rights education generally in Nigeria. The NHRI he said also has complaints mechanisms which
receives complains and petitions from all over the country. There was also he averred, a department
for legal and investigations which usually work employs mediation and reconciliation to solve
disputes.
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The NHRI he said visits prisons, the judicial and all the other organs of government and states to
ensure that human rights standards are upheld. His Commission he indicated is involved in legislative
advocacy for example the Convention on the Rights of the Child has been domesticated in the
Nigeria Law, the Freedom of Information Bill has been passed and is currently in the senate which
they were involved actively in lobbying for its drafting and are in the process of lobbying for the
domestication of CEDAW. The Commission he said was also involved in the prevention of child
trafficking matters and worked closely with established institutions dealing with such matters.
The Commissioner informed the Executive Secretary that Nigeria had outstanding State reports and
wondered if the Commission was involved in the preparation of the same. The Secretary informed
the Commissioner that the NHRI does not fundamentally get involved in preparation of the State
report but where necessary would be consulted but were thinking of submitting a shadow report.
The Commissioner also informed the National Human Rights Commission that they had outstanding
Annual Reports since the last one was submitted 1996. The Secretary intimated that the Commission
was in the process of updating the report and would send it in time for the next session.
On the human rights concerns in Nigeria, the Secretary said that poverty and ignorance has
compounded most of the rights in Nigeria because it goes to the core of enforcing realization of
social economic rights such as the rights to housing, health, and education. Poverty he said negated
the issue of realizing political rights and opined that socio, economic rights was the main priority in
Nigeria at the moment. He said that the justiciability of socio economic rights was limited by the
principle of progressive realization of these rights and called for a proactive judiciary.
The Secretary also said that the issue of corruption had to be addressed for realization of rights in
Nigeria. He decried the fact that the Anti Corruption Authority of Nigeria had not prosecuted
anybody despite instances of corruption in Nigeria. He expressed concern that the Investigation of
Corrupt Practices Commission is not protected in the Constitution saying that it affected its
independence. He called for accountability of state Institutions to protect and promote human rights.
The Secretary expressed concern that in some states in Nigeria free and fair elections had been
manipulated which negates accountability. He said that State Assemblies in Nigeria do not confront
Governors actions in Nigeria which makes it difficult for the enforcement of rights. He averred that
the concept of civilian dictators had complicated the protection of rights in Nigeria. The Secretary
said the issue of accountability in Nigeria was of great concern. Citing the example of the Freedom of
Expression Bill whose enactment was facing great challenges by the Government.
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He opined that States should not have more power than the Federal Government but that has not
been the case. He queried the lack of intervention by the Federal Government in the States which
have imposed Sharia law. The Secretary opined that politics was the main reason behind such a
scenario and called on the Federal Government to move to court if necessary and intervene for the
sake of protection of the rights of all its citizens.
On the application of Sharia law in criminal cases especially on death sentences, amputation,
inhuman and degrading punishment, the Secretary said that he NHRI is part of a coalition of NGOs
that have been working with victims of Sharia capital sentences. He said that have succeeded in
getting the higher Sharia courts to reverse the decision of the lower courts. The NHRI he said
believes that Sharia courts do not have criminal jurisdictions since they have not legislated on
evidence. He said that the Convention against Torture and such other conventions and treaties like
the African Charter could be used to test the jurisdiction of the courts in the High Courts and Court
of Appeals but the matter had not reached such a stage. He said that even after the Sharia Court of
Appeal there were still two other appeal mechanisms and averred that it is unlikely that such
sentences could be sustained.
On the status of the May 2004 Bill on Violence against Women the Secretary said it was still in
parliament and his Commission was taking a keen interest in its enactment
On the question of the vigilante groups in Nigeria the Secretary averred that the vigilante groups
were mainly as a result of the support from some politicians especially in the West for political
reasons. He said the government had been reluctant to tackle the issue head on and felt that the issue
should be tackled once and for all. The NHRI he said condemned the vigilante groups and feels the
police force in Nigeria should be well motivated and well equipped to handle the cases. He said that
NHRI had started a curriculum for the Police to train and sensitize them on basic human rights of
citizens.
On the matter of street children in Nigeria the Secretary said the there were instances of child
trafficking in Nigeria but there has been a law established and an institution called the National
Agency for Prohibition of Traffic in Persons (NAPTIP) which was tackling the matter.
On the right to universal free basic education the Secretary said that the Federal Government has
already passed a law on universal free education but the implementation was usually a major concern.
The Federal Government he opined should give states more power in the implementation of
universal free primary education. He averred that the issue of good governance and accountability
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were requisite so that the will of the people to address the real issues and be accountable should be
resolved.
On the question of the Death Penalty in Nigeria the Secretary said that NHRI was part of the
National Group on the matter and hoped that there would be legislation on the matter.
On prison conditions in Nigeria the Secretary said that the NHRI has made a prisons reform and
adjustments report and had made recommendations on standards that need to be implemented in
prisons. He deplored the conditions of prisons in Nigeria and indicated that the Commission visits
the prisons regularly. He said that the report they had produced covered the conditions of the
prisons from infrastructure, to general living conditions and recommended that some prisons should
be rebuilt and rehabilitated. He also expressed concern that the prisons currently do not have
education facilities and recommended a new prisons act which will reflect the UN standard minimum
conditions of treatment of prisoners
The NHRI he said had compiled a list of prisoners who have been incarcerated for so long while for
some cases the persons had not been prosecuted. He said that his Commission was requesting the
Government to take action in the report to be submitted.
On the Niger Delta Crisis the Executive Secretary to the NHRI opined that the matter could be
resolved though the collaboration of the multi national corporations mining the resources in the
region the federal government to ensure that resources in those regions should be utilized to develop
the areas where the resources come from. He decried the lack of accountability in the region by the
State Authorities in the Niger Delta and said it compromised the enforcement and protection of
rights of the people in the region.
Finally the Secretary expressed hope in the fact that the Government had initiated a National Action
Plan which they were collaborating with the NHRI for implementation.
The Commissioner informed the Secretary of the merger of the African Court on Human and
Peoples’ Rights and the African Court of Justice and requested him to use his good offices to urge
the President on the need to revisit the decision by the AHG/AU on the merger of the two courts.
The Secretary expressed support of the Commission position’s and intimated that he would make
effort to urge the relevant officials in government on the need to reconsider the decision.
6.1
Meeting with the Executive Secretary, Human Health Services Federal Capital
Territory of Abuja in Nigeria
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The Executive Secretary Dr. A. K. Muhammad, informed the Commissioner that there were three
levels of medical provision in the Federation namely Tertiary, Secondary and Primary hospitals. He
said that the Tertiary Hospitals were under the Federal Government, the Secondary are managed by
Federal Capital Territory or State Governments while primary were managed by local authorities. He
stated that in the FCT there were 12 Functional General hospitals especially on child survival and
reproductive health all within a 5 kilometer radius including 176 registered private health
establishments. He added that the FCT had 280 doctors and consultants, 110 pharmacists and about
900 nursing staff.
He informed the Commissioner that health care in Nigeria was not free but rather the hospitals
practice the drug revolving service where clients have to pay for the drugs which are government
regulated to ensure affordability. He indicated that the services were affordable and did not charge on
surgery apart from charges to the input in the surgery. He averred that in case of an emergency no
one was barred from accessing heath services for lack of funds and in many occasions where the
clients were unable to settle hospital bills a committee would recommend writing off the debts owed
to hospitals.
He said that the FCT had 176 Primary Health Centers run by local government although the FCT
provided more than half of the staff in the health facilities. He said that the Abuja master plan
provided for every district to have a General hospital for referrals and a clinic.
The Secretary said that the HIV pandemic was posing a serious challenge to the FCT of Abuja which
was ranked third after Cross River and Benue in the Federation in terms of infections and persons
affected by the scourge. He stated that there were designated health facilities for HIV control such in
Wuse Hospital where Voluntary Counseling Centers were located. He said that the Centres apart
from diagnosis, they were dedicated to prevention of mother to child transmissions and capacity
building and training of staff to cope with the HIV/AIDS scourge. He said that Wuse hospital in the
FCT would be one of the pilot Centers for the soon to be introduced Anti viral drugs. He said that
the FCT was collaborating with the Federal Government, UNICEF and the World Bank in
addressing the HIV pandemic through awareness creation especially in the rural areas/communities.
He admitted that the Federal Government had not put in place a General Ambulance service but
each hospital had at least two ambulances that catered for emergencies. He said that there were a
number of private ambulance services and that the FCT had recently introduced a Hearse service
given the close attachment of a number of Nigerians to bury their kins in the ancestral land. The
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services he said were affordable although at the moment there were only four ambulances for the
service which was far below the current capacity and demand for the services.
6.2
A visit to Wuse General Hospital
The Chairman of Wuse Hospital Dr. Anthony A. Momoh welcomed the Commissioner and gave a
brief of the hospitals history. He stated that the hospital was built in 1999 and was intended to be a
District 60 bed hospital. He informed the Commissioner that the hospital was later closed and
reopened in 2001 after renovations increasing its capacity to 118 beds. The hospital he said had a
staff membership of 48 Doctors and consultants, 14 pharmacists, 220 nurses and 12 laboratory
scientists and technicians. He confirmed that the hospital practiced the drug revolving service where
patients only pay for the drugs and input during surgery and indicated the services were affordable
giving an example of the charges per night for in patients which was about 100 Naira and 150 naira
for food. The Chairman said that cost of the drugs though reasonable needed further subsidy from
the Federal Government to make it even more affordable to the indigent members of the public in
Nigeria.
The hospital he said received about 600 out patients every day which has outstretched its capacity
reiterating that although the hospital was supposed to be a district hospital bit was operating as a
general hospital and received patients from other states due to its close proximity to the public
transport terminus. The Chairman indicated that there was need to build another hospital to
decongest Wuse hospital especially within the residential neighbourhoods of the masses since there
was not enough room to expand Wuse hospital due to the constraint of space. The Commissioner
suggested that the Government could make provisions for mobile clinics to serve the rural areas and
patients who may not have the means to access the centralized medical services.
The chairman said that the hospital had a Voluntary Counseling Centre which was free of charge and
confirmed that the hospital would be one of the pilot hospitals for anti viral drugs in the FCT. He
said that there was family planning department where patients were advised and counseled on family
planning methods at a cost giving the example of a packet of 10 condoms which cost about 10 naira.
The Commissioners suggested that they may need to distribute free condoms as an effort to address
the HIV/AIDS pandemic.
After a brief tour of the hospital facilities the Commissioner noted the hospitals main concerns
which were inadequate water, power shortages, lack of accommodation for staff and its capacity was
outstretched. For example the Commissioner was informed and also noted that the laboratory due to
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its limited size did not host a micro biology laboratory which the hospital the chairperson indicated
was needed.
The Commissioner noted that anti natal and post natal area was congested and lacked an air
conditioner and proper ventilations. She noted that some patients were waiting on stair cases since
the sitting/waiting area was full to capacity and many more were standing. She was concerned that
the nurses had to shout to call out names of the waiting patients who were next in line for an
appointment and she suggested that was need to expand the area, provide air conditioners and an
electronic sound system to make announcements to patients.
The Commissioner noted that the kitchen was very small for the large number of patients and
needed modern equipment for mass cooking.
In the male ward of the hospital the Commissioner found a psychiatric patient who was kept
together with the rest of the patients and it drew her concern especially since he was shouting and
making noise clearly disturbing and causing discomfort to the rest of the patients. The Commissioner
suggested that there is need to have a separate psychiatric ward or transfer such patients to
psychiatric hospitals.
The Commissioner commended the hospital Chairman for the general cleanliness and organization
of the hospital despite the constraints.
6.3
Meeting with the Comptroller General of Prisons
The Comptroller General Mr. Abraham Iyorker Akpe mni, began by briefing the Commissioner the
state of the prison service in the Federal Republic of Nigeria. He indicated that there are 144 major
prisons and 84 satellite prisons making it a total of 227 prisons in the Federal Republic. He stated
that there were about 40000 prisoners and 6 Directorates divided into 8 Zones in the 36 states of the
Republic
He said upon his appointment he set up a seven point agenda which was outlined in a Vision and
Mission of the Nigeria Prisons Service booklet a copy to which he availed to the Commissioner. He
said that he hoped to enhance professionalism and build capacity building of the staff through
training programs locally and internationally. He said he hoped to decongest the prisons and
indicated that plans were underway to transfer prisoners to those prisons that were carrying below
capacity but noted that a major hitch was that the majority of those in prisons in Nigeria were
persons on remand and awaiting trial. He blamed the scenario on the slow justice system and
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logistical reasons of availing remandees to courts where they faced prosecution saying he could only
transfer those that had been sentenced.
The CG said that the prison service had liberalized a lot of things for staff such as further education.
He said that staff members were free to undertake further education and since they worked in three
shifts it was possible for anyone to take advantage of their free time to get further education. He
intimated that the prisons had computerized the prisons system by taking photographs and
fingerprints of prisoners as well as staff personnel data which in turn had improved the efficiency. He
added that it also acted as a deterrence to escapees since it was now easier to rearrest them through
identification and since the due process of the law handed them three years if convicted of escaping
from lawful custody it was a great deterrence.
The comptroller averred that he had visited all the 36 states in the Federation. He said he had visited
the judges in the 36 states and state governors and shared his concerns and information on reforming
the prisons system in the country. The prisons service he said also provided for literacy classes
towards acquisition and rehabilitation of prisoners
The CG expressed concern that the legal and constitutional framework of the Nigeria prison service
was not clear. He indicated that the Prisons service was only mentioned in the schedule of the
Constitution and he was making efforts to initiate amendments to the constitution to ensure that the
prison service was expressly provided for in the constitution. He opined that the prison service like
the judiciary and the Police service was a member of the criminal justice program and should be
treated equally.
The Commissioner briefed the Commissioner General and the delegation of the Commission’s
mandate and the Special Mechanism of the Special Rapporteur on Prisons and Conditions of
Detention Centers which would in due course undertake a more detailed visit to the country’s
prisons. She said that the issue of transfers of prisoners should be looked into closely in terms of
trying to decongest prisons by taking account of family and social welfare thereby one of the areas
that should be emphasized in an effort to decongest prisons is possibly by building new prisons on
the areas where the prisoners are overcrowded.
6.4
Visit to Kuje Prison
The Chief Superintendent of the prison Mr. Alex A. Henen-Ubi, said that the prison was initially
built for 183 prisoners. It had been refurbished to increase its capacity to 320 prisoners. At the time
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of the visit the prison was holding 319 prisoners. The Commissioner toured the prison facility and
noted the following:
On the state of accommodation-sanitation and personal hygiene the Commissioner noted that the
prison separated the convicted prisoners and those awaiting trial. However the individual prison cells
meant for one prisoner each was carrying three prisoners while the dormitory type cells were full to
capacity with little room for free movement between the double decker beds. The Commissioner
noted that there is need to renovate the sanitation facilities at the facility since which were obviously
overstretched by the overcrowding. The offices for the staff at the facility were also very small and
without adequate ventilation.
The Commissioner noted that each prisoner had a mattress and a blanket but no sheets and pillows.
The cells were clean but the ventilation system was poor to the extent that the air was humid since
the weather was quite hot. The prisoners did not wear uniforms to which Dr. I. W Orakwe- OC
Research informed the Commissioner that the prisoners opted to stay with their own clothes but
were required to wear them when out of the facility apart from attending court hearings.
The prisoners were served three meals a day comprising of fish, sugar, pounded yam, rice, beans,
vegetables, and porridge and had a football and volleyball pitch for exercise. There was a clinic inside
the facility and a new heath centre was in the process of construction which would serve the other
prisoners as well other prisons within the FCT. The SG informed the Commissioner that prisoners
were allowed to read within the prison and that they were allowed daily visits from 10-2pm every day
and up to 5pm for legal counsel.
There was a mosque and a chapel to cater for the religious needs of prisoners and staff and prisoners
property was kept in a store within the facility. The SG informed the Commissioner that the staff
members were given chances to undertake further studies and there were regular training programs
and seminars. The prison had a wood work tailoring and soap making industries to assist prisoners in
learning necessary skills for rehabilitation.
On the whole the prison was well managed, the staff and the prisoners had a good rapport and social
and there was no feeling of fear among the prisoners.
6.5
Meeting with the Executive Secretary of NAPTIP
The Chief Executive Secretary Mrs. Carol N Ndaguba informed the Commissioner that the agency
began operations in 2003. She said that the Agency is governed by the International Anti Trafficking
Protocol which is now an Act of parliament and criminalizes acts on human trafficking anywhere in
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the world including attempts to commit such offences. The Act she added creates the Agency headed
by an Exec secretary through definition, legal dept, public enlightenment, counsel and rehabilitation
of offences dept.
She said that the legal unit is concerned with the prosecution of the offences and collaborates closely
with the police, immigration, and state security service, the Attorney General, ministry of information
and ministry of foreign affairs. The Agency she informed the Commissioner started operations in
February 2004 and has zonal offices in the states of Benin, Kano, Lagos, and Akwa-ibom.
She said that the Agency keeps its suspects within their structures for purposes of investigations and
then leave them out on bail. She said the agency had other shelters run in association with ILO,
IOM, USAID in Benin and Lagos and also used rehabilitation centers of WOTCLEF
(www.wotclef.org) for the victims mainly children. The Secretary informed the Commissioner that
there were also cases of internal trafficking within Nigeria and investigations were underway and have
a hotline where receive reports every day.
The agency she said had 20 lawyers in its various departments and so far had succeeded to make one
conviction in Benin for 3 years for an attempt to Traffic. The Agency she said collaborated with the
immigration units and the police force to effect arrests and in arraign the suspects in court. The
national legal aid council she said provided legal advice and representation for some of the suspects.
The agency she said was also involved in the rehabilitation of victims and was currently processing 10
in-house and the rest were done in their home communities by for example encouraging them to
access micro credit to start small businesses.
6.6
Meeting with the Chairman of the Code of Conduct Tribunal
The Chairperson Justice Mallam Bashir Sambo informed the Commissioner that the Code of
Conduct Tribunal was established in 1979 through a Code of Conduct Act. He said that the Tribunal
deals with issues of corruption and public service conduct and that any public servant cadres from
the President to the lowest public servant if found to have contravened the code of conduct Act
would appear before the tribunal which operates as a quasi judicial body. He said that the Tribunal
was not the final arbiter and that accused persons are at liberty to appeal to Court of Law. Members
of the tribunal he said sit as judges.
He said the current cases before the Tribunal were mainly on public servants contravening the law.
He voiced concern that the Tribunals was under the executive and not under the Judiciary which in
his opinion would be better placed to guarantee independence and autonomy. He Chair indicated
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that one of the greatest limitations in pursuing cases of abuse of office to acquire wealth illegally
since the public did not have access to verify the wealth declaration forms. He informed the
Commissioner that Wealth Declaration forms are secret and opined that the declarations forms
should be in the public domain to ensure accountability since the public would have an opportunity
to challenge some of the declarations.
He also expressed concern over the interference from the Attorney General office through the
principle of nolle prosequi which hindered the work of the Tribunal
6.7
Meeting with the Secretary to the Supreme Islamic Council
The Chairperson of the Code of Ethics Tribunal Justice Mallam Bashir Sambo was also the Secretary
to the Supreme Islamic Council and the Commissioner took the opportunity to seek information on
the Role of the Islamic Council in addressing the issue arising from the religious violence in Nigeria.
The Secretary averred that religion revolves around divine rights and had nothing to do with the
violence. He traced the issues of the violence especially in the Northern States of the Federal
Republic of Nigeria to the colonial history of indirect rule. He said that the separation of the State
and Religion was improper and said that religion should not be separated from the state. He said that
economic crisis, ethnicity and ignorance were the causes of violence in Nigeria and suggested that
dialogue would solve the problems.
The Commissioner sought information on Sharia law and its application to criminal matters. The
Secretary started by asserting that Sharia is the right of Muslims and that cases under Sharia are
quickly solved unlike the normal courts. He said that customary law should be developed in Africa
and avoid reliance on the English Common law which is foreign and could be inconsistent to African
culture, traditions and religion. He decried the concept of blaming Sharia law in states that have been
pronounced Sharia states and blamed it on adoption of the concept of Western ideologies.
He called on proper interpretation of laws and agreed that education should be used to eradicate
ignorance and ensure media accountability. He said that Sharia does not impose religion on those
who practice other religions and intimated that in states like Kano which had been declared Sharia
States Christians were still free to practice their religion.
6.8
Meeting with the Attorney General and Commissioner of Justice Kadunna State
The Commissioner informed the Attorney General of the State of Kadunna Mr. Joseph Citta of the
concerns of the Commission over the past religious violence in the State and the alleged women
discrimination by the Sharia law and cited the Amina Lawal case. She sought information on the
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status of the application of Sharia law in the state and the mechanisms in pace to address the
religious tensions.
The AG briefed the Commissioner on the state of his department. He indicated that the whole state
had only about 40 State Counsels a number far below the States capacity and needs. He decried the
working conditions of the ministry’s workforce which he said needed improvement for example in
the aspects of transportation of the attorneys when they attend courts.
The AG also called on reforms in justice delivery especially on witnesses’ attendance to courts. He
said that the Federal Government had allocated some funds to cater for witnesses’ attendances of
courts although insufficient would go along way in ensuring cases were heard and determined with
expediency
The AG informed the Commissioner that Kadunna State had not been declared a Sharia State
although Sharia and customary courts were operational in the State. He indicated that the customary
courts were established in the predominantly Christians areas and in the event that parties were from
different religious backgrounds they were at liberty to choose the court they wished to be tried. He
added that Christians and Muslims were at liberty to practice their religion.
On the question of the death penalty the AG indicated that the matter was dicey since it touched on
the religious tenets of the people. He said that in Kadunna State the question of the death penalty
could not quickly resolved since the majority practice Islam which provides for the death penalty in
certain criminal offences.
He said that the State provided for legal aid in capital offences by providing state counsels to defend
suspects and ensure efficient and quick disposal of cases.
The AG said that women in Kadunna are respected and even had a ministry of women affairs to
ensure that the state adhered to gender representation.
The AG said that his ministry officials visited the prisons at least every month to assess and discharge
cases for want of prosecution and made efforts to decongest the prisons. He indicated that the
ministry had a state advisory board on the release of prisoners who have not been convicted or
convicted and have served for an incessantly long period.
6.9
Meeting with the Chief Judge Kadunna State
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The Chief Judge Hon Justice R. H. Cutdjoe informed the Commissioner that she had been a judge
for the last 21 years as a judge of the High Court. The Chief Judge informed the Commissioner that
the laws of the Federation of 1990 make provision for the domestication of the African Charter. She
averred that the problem does not lie in the dearth of the laws but in the interpretation and
enforcement. She said that during the military regime, ouster clauses made it difficult to enforce
human rights law in Nigeria but since the advent of democracy in Nigeria there have been a number
of progressive standards that have made it possible to enforce the Bill of Rights in the Constitution.
The Chief Judge urged the Commission to look into and address laws and policies that would abolish
child marriages and traditions that are repugnant to justice and morality such as trafficking. A
participant in the meeting indicated that there is a Federal Child Rights Act which the state of
Kadunna was in the process of enacting into law. He said that some of the provisions in the Act were
delaying its enactment due to Islamic and religious concerns but hoped that the issues will be
addressed and the legislators will enact it into law.
The Commissioner enquired as to whether Kadunna was a Sharia state. The Chief Judge informed
the Commissioner that Kadunna state is not a Sharia state but practices both systems of law. She
noted however that where punishment outlined by Sharia is severe and inhuman its own Court of
Appeal had overturned it as happened in the Amina Lawal case. She noted that the Court of Appeal
and the Supreme Court were yet proclaim on the issues. She informed the Commissioner that the
majority of the cases in Kadunna State are civil matters and not criminal.
The Commissioner enquired on the relationship between the State Judiciary and the prison system.
The Chief Judge informed the commissioner that they have monthly prisons visits to review
prisoners who are awaiting trial and make recommendations to the chief judge who makes
recommendations. She said that the prisons need to be reformed in terms of structures and
renovations and expand them. She noted that a lot has been done but there was room for
improvement since the prisons still fell short of meeting international standards and hoped and the
ministry of interior would those concerns. She informed the commissioner that the majority of the
criminal cases were which are not bailable hence the prisons overflows. She informed the
Commissioner that there were measures to address the backlog of cases for example her department
had acquired recording machines although insufficient could assist in reducing the backlog of cases.
The Chief Judge called for the revival of the witness fees budget to facilitate witness attendance of
courts. She decried the frequent transfer of police officers investigating cases and called for reforms
within the police system to ensure officers who are handling cases and investigations remained in the
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stations to ensure completion of cases they were handling. A participant also noted that addressing
socio economic factors by the Federal Government in the country would go a long way in addressing
some of the concerns of ensuring the public is wiling to cooperate with the justice system.
The Chief Judge informed the Commissioner that Kadunna state generally seeks to retain the death
penalty. She however indicated that in her 21 years as a judge her personal view is that only God
gives life and he only can take it and has never passed a death sentence. She however noted that the
issue needs proper evaluation since victims are also to be considered and opined that by ensuring that
the justice system is fast and efficient the matter can be tackled properly. A participant within the
delegation opined that the death penalty should be retained.
On access to justice for indigent members of the public in Kadunna, the Chief Judge informed the
Commissioner that there was need to resolve the issue of witnesses’ funds to facilitate attendance of
court sessions since it was a great barrier to resolving pending cases in courts. A participant averred
that access to justice for women needs to be looked into especially on the level of creating awareness
and the cultural inhibitions. The participant averred that women suffer due to poverty and taboos
and cultural tendencies that bar them from participating in courts systems.
The Chief Judge noted that women are not well represented in the executive arm of government and
urged the Federal Government to ensure more women are represented though political support . She
indicated that politics in Nigeria entailed financial muscle which most women had little if any access
to support and fund parties hence called for affirmative action in the political process. A participant
intimated that women should not be given special consideration and should compete competitively
The Chief Judge informed the Commissioner that Kadunna used to be the headquarters of the North
and due to its wide exposure it have made progress as far as women rights in the state are
concerned. The Chief Judge said that the judiciary was making efforts to ensure women rights are
recognized in the state. For example she said the judiciary posts notices and posters to enlighten the
general public that even women can stand bail for accused persons.
The Chief Judge said that corruption in the judiciary in Kadunna is mainly been staff members rather
than the judges. She intimated that the Judicial Service Commission of the State headed by the chief
judge does the investigations and if they find an officer guilty of violations or corrupt practices they
are usually discharged from service after proper investigations. She informed the Commissioner that
there is a code of conduct for staff and members of the judiciary which operates in the Federation.
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7.0
Meeting with the Chief Kadhi in Kadunna State
The meeting with the Hon Kadhi Hon Musa Hassan Alkali was held at the Chief Judges Chambers.
The Commissioner sought to know the impact of Sharia in criminal law. The Kadhi averred that the
Sharia was good law and progressive but everything hinged on its interpretation. He said that Islamic
law is the most fair and just. He added that the manner of interpreting the Sharia law is what is
different and cited the example of adultery where he opined that unless anyone admitted adultery it is
almost impossible to prove.
He indicated that the notion that Sharia had cruel punishment was a matter of a misunderstanding of
the law since according to Sharia and the Koran it is meting justice. He said that the Koran provides
for punishment and Sharia law only implements what the Koran teaches. He posited that those
criticizing Sharia law do not appreciate or understand the Koran adding that implementation of the
law is the hardest part of the law and not the format of the law. He gave the example of citing of the
hand a convicted thief saying that the hand would not be cut unless the thief stole the car within
once premises.
In conclusion, the Commissioner said that during the discussion it had emerged that there was need
for education and sensitization of the public on the god provision of the law and religion using local
languages. She gave the example of a misconception that the Koran allowed polygamy to all Muslims.
A heated debate emerged where some participants said that as far as one was a Muslim they were
entitled to more than one wife to a maximum of four. The Commissioner drawing inspiration from
the provisions of the Koran averred that the Koran did allow for polygamy but with certain
conditions which if critically analyzed could not give room for polygamy since the Koran provided
that the husband so marrying more than one wife would deal with the women justly. She said that
this requirement was essential and qualified who would marry more than one wife but since it was
very hard to treat the women justly it disqualified almost everyone. The Kadhi concurred and said
that the bulk of the misconception of Islamic law is lack of education and misinformation. The
Commissioner urged the participants to carry the debate to the people so that they are informed
when they are making choices. She reiterated that religion is progressive and should conform to the
changing times and attitudes. Religion she said is dynamic and should be meaningful and relevant to
the society.
7.1
Meeting with the All Nigeria People's Party (ANPP) - An Opposition Political Party
The National Secretary to the ANPP Mr. Sani D El-Katuzu, briefed the Commissioner on the
party’s history and aspirations. The ANPP he said was formed in June 2002 after a merger with All
Peoples Party which had been formed in 1999.
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He averred that there were massive election malpractices and rigging of the General Elections in
2003. He opined that Nigeria’s electoral body needs reforms to ensure equitable representation and
democratic practices in presidential, parliamentary and local government. He also said that there need
to be reforms in the judiciary to ensure independence and autonomy from the executive arm of
government. He further said that to ensure complete autonomy and independence of members of
the Electoral Commission they should be answerable to the judiciary and not the presidency. This he
said would be achieved though their appointment by an independent body and separated from the
executive arm of government.
He decried the continued violation of the rights of all Nigerian against the choice of government and
rule of law citing the issues of fixing prices for petroleum products and other commodities without
adequate consultation.
Commissioner Jainaba Johm sought to know the party’s position on the recent demolitions of illegal
structures in the Federal Capital Territory of Abuja. The National Secretary while recognizing the
need for planning of the Country’s infrastructure said that the demolition of Wuse market for
example should have been through dialogue and provision of an alternative market before
demolishing. He indicated that the majority of the people whose structures were demolished were
poor people struggling for survival and some had letters of allocation which showed inconsistencies
in the Government’s resolve to alleviate poverty. Providing alternative means of survival though
consultative dialogue was essential he said to address economic woes bedeviling Nigeria populace.
The Commissioner sought to know the parties position on the forthcoming National Political
Forum. The Secretary said the party supported the convocation of the National Political Dialogue
Forum due to the merits of solving the issues at stake through amicable discussions and talks. He
admitted that there were issues of legitimacy of the national Political forum but it was an opportunity
for the country to dialogue and chart the political future of the country.
The Commissioner sought to know whether the party was represented in the national Institutions set
up by the government. The Secretary indicated the party had representation in most of the national
institutions such as the National Human Rights Commission.
In conclusion the Commissioner thanked the party’s delegation and informed them of the steps the
Commission was making to address both civil, political and socio economic rights in Africa. She also
briefed them on the institutions she has met during the promotional visit and some of the emerging
issues. She urged the party though its representation in parliament to urge its members to uphold the
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rule of law and the Charter’s obligations. She handed the Secretary copies of the African Charter, the
Commissions Rules of Procedure, a compilation of the Commission’s resolutions and
recommendations, a handbook on the procedure of submitting communications before the
Commission and state reporting procedure.
7.2
Meeting with the General Secretary of the Christian Association of Nigeria
The General Secretary Engineer Salifu admitted that it was the first time he was hearing about the
African Commission and indicated it was a good way to sensitize people on the existence of the
Charter and the Commission’s work. He informed the Commissioner that the Christian Association
of Nigeria comprised of five main groups namely:Catholic Secretariat of Nigeria; Christian Council
of Nigeria; Christian Pentecostal Fellowship of Nigeria; Organization of African Instituted Churches
TEKAN and EWCA Fellowship
He said the Church’s main concern on human rights in Nigeria was the right to life which it
considered sacred and inviolable. He said the Church was concerned for example in impunity and
unexplained deaths in the country and cited the death of the former Attorney General of Nigeria
whose killers were yet to be brought to book.
On Freedom of religion the GS said that the right to practice religion was not negotiable. He decried
the forceful practice in the states that had adopted Sharia law in Nigeria to force Christians and
Muslims alike to abide to Sharia law which he said was against their fundamental rights as to choice
and religion as recognized in the Federal Constitution. He opined that the Governments position
that the matter was political was in bad faith and should be addressed since it compromised the rights
of individuals in the states affected.
He raised concern over the infringement of the right to choose ones marriage partner in the Sharia
practicing states and averred that politics should not be used to infringe upon peoples rights and that
constitutional rights should be respected and protected. He decried the abuse of office by politicians
for political gains such as the issue of religious rights of Nigerians.
He cited the case of the religious violence in the North which he said had been ignored for political
considerations. He said that incitement was one of the reasons perpetuating the conflicts and needed
to be addressed through political will by the States and Federal Governments. He commended the
government for its efforts to embarking on seeking dialogue and reconciliation.
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On women rights the GS said that women in Nigeria suffered a lot especially those from the North
where Sharia laws and customary practices was practiced which seemed to violate their rights and he
cited the example of choice of spouses. He suggested that there was need for dialogue to resolve
some of these issues.
On impunity by the police and vigilante groups in Nigeria the GS decried the state of police brutality
and vigilante groups which he said was mainly perpetuated through corrupt practices. He called on
the federal Government to address the concerns of the Nigerians especially on corruption, impunity
by the police and vigilante groups.
On the Niger delta crisis the GS said that there was need to address the inequitable distribution of
wealth in the oil producing regions of Nigeria which were sustaining the economy of the Federation.
He opined that the Multi national Corporations should be held to account for their wealth and
develop the regions from where the oil was produced. He called on lasting solution to be sought by
State governments and the Federal government.
7.3
Meeting with the Executive Secretary Abuja National Mosque- Member of
the
Nigerian Supreme Council
The Commissioner sought to know whether freedom of religion was respected in Nigeria. The
Executive Secretary Prof. Ibrahim Mukoshy informed the Commissioner that there was freedom of
religion in Nigeria and asserted that the so called religious intolerance in the Northern states was a
misconception due to ignorance since the real cause of the violence was poverty.
The Secretary reiterated that the way to address the problems faced by all Nigerian irrespective of
religion was to eradicate ignorance and address poverty. He said that the provision of the Sharia were
enunciated in the Old Testament and saw no cause for the tensions. He said that every ethnic group
in Nigeria had Muslims and Christians and wondered why the violence was not among members of
the same ethnic communities but rather different ethnicities. He averred that ethnicity played a role
in the conflicts and violence but not religion.
The Secretary said there was need to reflect on imposing human rights standards from the West
blindly without realizing that the African context was unique. He undertook to make efforts to
ensure the Charter was brought to the attention of the Supreme Council.
7.4
MEETING WITH NGOS IN ABUJA
The Commissioner briefed the NGO participants on the mandate of the Commission and her
promotional mission in Nigeria, Procedure of submitting communications; Shadow state reporting;
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Application for observer status; Dissemination of the Charter; Website of the Commission;
Commission sessions. She also called on NGOs to lobby their government to reconsider into the
decision by the AHG/AU on the merger of the African Court on Human and Peoples Rights and
the African Court on Justice.
The NGOs expressed concerns over what they termed as arbitrary demolitions of traders’ stalls in
Wuse market in Abuja by the FCT authorities which they indicated should have been addressed
through dialogue and not by force since the traders are seeking to alleviate poverty. The NGOs
called on the government to be sensitive to people’s efforts to invest and ensure that the affected
citizens were compensated
The NGOs agreed that there was need to improve on advocacy to sensitize the public on the
Protocol on the Rights of Women in Africa through grass root interventions, through education and
sensitization. They called on the Government to address issues such as child and maternal mortality
through budget analysis at the macro level. They said that NGOs and civil societies should be
involved in the discussion of the budgets in its defense so that the input from the public though civil
society organization can be taken care of. They added that the budget should be subject to public
scrutiny from the drafting stages to ensure that people’s opinions and input was factored in. This
they said would ensure socio, political rights are implemented. The Commissioner encouraged
networking within the civil society organizations within and beyond their own country.
The NGOs said that domestication of international instruments is commendable in Nigeria but
NGOS should make efforts to undertake test cases to ensure that the rights are practically
implemented. The Commissioner urged the NGOs to disseminate the Charter and called on NGOs
to seek reprieve from the Commission where domestic remedies had been exhausted and were not
adequate.
The NGOs said that women rights are peculiar in Africa and called on the Commission to ensure the
domestication of CEDAW in Nigeria. They said that A children Right Act was enacted by the federal
Government in Nigeria in July 2003 after domestication of the Child Rights Convention but there
was is need for advocacy to ensure implementation of its provisions.
The NGOs said the pending Freedom of Expression Bill in parliament should be adopted. The
NGOs said there was need to have access to information and freely pass on information which will
promote transparency good governance and democracy in Nigeria. They decried the fact that there
were many human rights abuses in the name of economic reform and the fact that national
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institutions just keep quiet for example the Wuse market demolitions case which they said the
National Human Rights Commission had gone silent.
The NGOs reiterated the fact that socio economic rights are very important in Africa and urged the
Commission and other stakeholders to lobby to ensure the rights are implemented and not just a
matter of government policies. The NGOS said that enforcement of rights is a major challenge in
Nigeria and they agreed to push governments to address the matter of practical realization of socio
economic rights. The Commissioner discussed the SERAC case and urged the NGOs to disseminate
it as widely as possible and lobby for the implementation of the Commission’s recommendations.
The NGOS expressed concern over problems of funding which they said was also a great challenge
in Nigeria. For example they called for the empowerment of the Legal Aid Council through funding
and capacity building to ensure justice reached even the indigent members of the public. They also
called on the government to address and eradicate illiteracy and ignorance to ensure that people have
capacity to fight for their rights.
The NGOs said that the question of citizenship and indigenous peoples’ rights should be looked into
in Nigeria in an effort to address conflict resolutions. The Commissioner informed the NGO
delegates that the African Commission has established a mechanism which is a working group on
indigenous peoples’ rights is making efforts to come up with definitions and reports. A participant
said that the issue of catchments areas/federal character to ensure that people from different states
get access to education/quotas for each state was problematic since it created discriminatory
tendencies in the education sector.
Her opinion was that everyone has a right to University
Education provided you he/she is qualified to study and should be admitted to whatever institution
they are qualified to study. She intimated that it should be the responsibility of the federal
Government to ensure its citizens have and can access education up to the highest level.
The Ngo opined that the Public Complaints Committee and the National Human Rights
Commission should be under the National Assembly and not through the Executive to ensure
independence and accountability to the people of Nigeria. The NGOs agreed that there was a need
to formulate strategies and coordinate activities with colleagues as well collaborate with Government
when necessary.
7.5
Meeting with NGOs in Lagos
The meeting had initially been planned for 10am in the morning but was pushed to 2pm since the
coordinator of the Mission from the Ministry of Foreign Affairs had not processed tickets to
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facilitate the Commissioner’s flight to Lagos. The meeting began at 230 pm and an NGO the Legal
Resources Consortium through its Director Wale Fapohunda facilitated the meeting. The
Commissioner apologized for the changes in time and thanked the legal resources consortium for
facilitating the meeting and all NGOs and media persons present for the attendance. The
Commissioner briefed the participants on her Mission and various outcomes of her meetings during
the Mission. She urged the NGOs to lobby for their head of state to urge other members of the
AHG/AU to reconsider its decision seeking merge of the African Court on Human and Peoples
Rights and the African Court on Justice.
The Commissioner also briefed the NGOs on the procedure of submitting communications; Shadow
state reporting; application and maintenance of observer status; dissemination of the Charter; website
of the Commission; and attendance of Commission ordinary sessions.
The NGOs expressed their concerns on the human rights situation in Nigeria. The NGO
participants agreed that the issue of reporting human rights problems in Nigeria fell within the ambit
of the media and the NGO society. One of the participants decried the unfair criticism leveled on the
media by the civil society. The Commissioner indicated that there was no need to cast aspersions by
either the media or the civil society on each other since they should collaborate in a bid to address
human rights concerns of Nigerians. The Commissioner suggested that you could establish a
foundation to help NGOS in capacity building and fundraising.
The NGOs decried the insecurity in parts of the country especially in Lagos where they said vigilante
groups and some security forces were a great menace to society. The participants said that police
road blocks and check points were at times manned by the military who terrorized residents and were
actually a security threat and places of extortion. The NGOs intimidated they were against the planed
policy of community policing since it would be difficult to monitor and would result in justice at the
spur of the moment instead of a due process of the law.
The NGOs voiced concerns over problems in the process of accessing justice. They said that the
majority of cases end up in magistrates courts where corruption was rife but since the Judicial Service
Council dealt with only judges it was difficult to address the problem of corruption in the magistracy.
The NGOS sought the Commission’s intervention where ordinary citizens were denied access to
courts on the grounds of lack of locus standi while politicians were granted the same legal capacity to
sue. They gave the example that a governor in Nigeria had been granted the right to appear before a
court of law to sue in a matter that did not directly affect him whereas his electorate could be denied
the same capacity.
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The NGOs said that the government had been undermining civil society work. They said that the
main reason that prisons were congested was due to framed up charges and the incompetent manner
in which charges were framed. They said that the rehabilitation in prisons should be addressed
through reforming the criminal justice system. The Commissioner informed the NGos that she had
taken note of their concerns especially on prisons where she had also had occasion to visit and would
take up the matter especially on rehabilitation of prisons.
The NGOs expressed concerns over the issue of domestic violence in Nigeria and requested the
Commissioner to urge the government to adopt and enact the Domestic Violence Bill. They also
called for sensitization and education as a way to dealing issues of violation of women rights. The
NGOs indicated that violation of fundamental rights of women could be addressed through
domestication of CEDAW in Nigeria. The Commissioner informed the NGOs that the Commission
had established a special mechanism on a special Rapporteur on women rights in Nigeria and on the
Protocol on Women Rights in Africa which had ratified.
The NGOs sought to know how the African Commission was addressing the issue of discrimination
on the basis of being infected with HIV/AIDs. The Commissioner informed the NGOs that the
African Charter provided for non discrimination and States were required to inform the Commission
of the measures it has taken to ensure conformity with the Charter on the issue of HIV/AIDS during
state reporting. The NGOS also expressed concern over the matter of malaria drugs especially the
use of chloroquine which in Nigeria it was still unclear on its safety and requested the Commission to
address the issue.
The NGOs also called on the Commission to push the government of Nigeria to enforce the
SERAC case and address the plight of the Ogoni people in the Niger delta. The NGOs informed the
Commissioner that the Niger delta crisis was getting out of hand and should be addressed a soon as
practically possible. The Commissioner informed the NGOS that in the course of her promotional
Mission she had engaged various government officials on the need to implement the SERAC
decision. The NGos expressed concerns that the concept of terrorism was being applied in the Niger
delta through CIA information which negated the security of Nigeria the queried the stationing of
security forces in Sao Tome to deal with issues in the Niger Delta region.
The NGOs expressed concern over the demolition of business premises by the government and
shanty towns in the republic without giving alternatives. They admitted that illegal structures should
be discoursed but the matter should be addressed through dialogue and with adequate compensation.
The Commissioner urged the NGOS to lobby governments to ensure these people are relocated and
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compensated. The NGOs also requested the Commissioner to highlight the problem of tenant rates
being paid separately from the rent to the local authorities which they said resulted in tenant evictions
by the local authorities.
The NGOs decried the state of electoral manipulations in the country and called for effective
mechanism to address the vice and establishment of an independent electoral Commission
completely de-linked from the Executive.
The NGOs expressed wary of the fact that the African Commission does not have the legal impetus
to enforce its recommendations. The Commissioner informed the NGOs that although not all states
implemented the recommendations of the Commission some did and gave the example of Botswana
in the John Modise case. She also informed the participants that the reason the Commission was also
lobbying for the coming into force of the African Court was to ensure such limitation as to lack of an
effective enforcement mechanism was addressed.
The NGOs requested the Commissioner to ensure that the Commission’s documents were published
and put on the website of the Commission as well as the decisions and recommendations of the
Commission.
7.6
Press Conference
Immediately after the NGOs meeting in Lagos the Commissioner held a press conference where she
briefed the media and the NGOs present of her mission. The Commissioner explained to the
members of the press present about the African Commission, how it was established, its mandate of
promoting and protecting human rights and the various activities the African Commission
undertakes to carry out its mandate. She also explained the purpose and outcomes of the
promotional mission that she had just undertaken.
She informed the press that in her meetings with the various authorities from both government and
human rights organisations, they had discussed issues and exchanged views relating to
implementation of human rights under the African Charter in the country. The Commissioner was
also able to follow up on various matters including, Nigeria meeting its obligations in terms of
submitting its report in accordance with Article 62 of the African Charter, and implementation of the
SERAC decision. She stated that one of the major concerns that she raised with the relevant
government officials was the matter of the congested prisons and informed the press that
government had assured her that it was putting in place measures to address this problem.
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She also informed the members of the press that during her discussions with NGOS, she had
stressed the importance of communicating and working with government organs and networking
with all stakeholders in the promotion of human rights. She also encouraged NGOs to collaborate
with the African Commission in promoting and protecting human rights on the continent.
7.9
Meeting with the Secretary General to the Government of the Federation
The last meeting of the Mission was with the Secretary General to the Government of the Federation
Chief U J Ekarette CFR mni. The Commissioner briefed him on the Promotional Mission and
presented the SERAC case and materials from the Commission. She urged the government to make
efforts on the areas they should develop and work in concerted efforts to improve the human rights
conditions in Nigeria.
The SG indicated that they would put in place measures to ensure human rights are realized in
Nigeria and stated that there had not been any political cases and prosecutions in the courts and
there was freedom of the press and media in Nigeria.
The Commissioner thanked the SG on behalf of the Commission and urged the SG to urge the
president and chair of the AU to reconsider the decision by the AHG/AU on the merger of the
African Court on Human and Peoples Rights and the Court on Justice.
8.0
Conclusion
During Mission the Commissioner held discussions with officials from the government and NGOs
in Nigeria. The delegation indicated that the African Commission was willing, through the
Commissioner responsible for Nigeria, to cooperate, assist and participate in their activities. The
delegation explained that the mandate of the African Commission is geared towards assisting African
States to develop a human rights culture within their countries and through undertaking promotional
missions to Member States, the African Commission is able to appreciate the particular situations in
the country.
The Mission would like to express its appreciation to the Ministry of Foreign Affairs for facilitating
the promotional mission to Nigeria.
8.1
Observations
1. During the course of arranging for the promotional mission to Nigeria, the Secretariat clearly
spelt out to the Ministry of Foreign Affairs the institutions and persons that the mission was
interested in meeting. However, the programme of meetings given to the delegation was not
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adhered to with constant alterations and in some cases lack of confirmation and coordination to
the extent of missing a number of key appointments. As such this affected the mode of
operation of the delegation as meetings were arranged in an adhoc manner whilst the mission
was in the country and this denied the delegation the opportunity to adequately prepare issues to
raise with the various government officials. For example the Mission had intended to visit Kano
state which has been declared a Sharia state to get first hand information on its application but
the officials instead decided on Kadunna state which is not a strictly a Sharia state. The
Commissioner had to on several occasions make on her own initiative calls on officials without
appointments which created delays and unexpected meetings.
2. The visit to Lagos was delayed for several hours which caused cancellation of visits to Kirikiri
Prison and the Nigeria Bar Association due to lack of coordination and inadequate transport
arrangements despite the request having been made on the first day of the Mission’s arrival. The
Commission wishes to thanks the NGOs in Abuja and Lagos for making alternative
arrangements to host her meetings and for providing the venues.
8.2
Outcomes
1. The Government of the Republic of Nigeria undertook to prepare and submit their
outstanding State Reports combining all over due reports in accordance with Article 62 of
the African Charter;
2. The Commissioner managed to distribute widely copies of the African Charter and other
documents of the African Commission in an effort to create awareness and sensitize
Nigerians on the Charter and Commission ;
8.3
Recommendations
1. The Mission noted that there was a serious problem of congestion in the prisons of Nigeria
– a fact not denied by the authorities. The mission also noted efforts currently being
undertaken by government to address this problem and encouraged the government to
tackle the matter as a matter of priority by increasing prison space and thereby easing prison
congestion;
2. The Mission noted that the problem of congestion in prisons is as a result of the number of
prisoners being held on remand who make up more than half the prison population. The
Mission recommends to the government of Nigeria reforms the criminal justice system,
increase the capacity of the Judiciary and address the problem of backlog of cases;
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3. The Mission recommends to the government of Nigeria to consider releasing prisoners
charged with minor offences on bail in order to ease the congestion in prisons;
4. The Mission recommends to the Government of Nigeria to consider building more hospitals
in highly populated areas such as the FCT in Abuja to ease the congestion and
overstretching of facilities as evidenced at Wuse hospital possibly near residential areas as
well as make provisions for adequate water and power supply to the hospitals;
5. The Mission further recommends to the government to consider providing mobile clinics
and ambulance services to serve the rural areas and patients who may not have the means to
access the centralized medical services;
6. The Mission commends efforts undertaken by the government to initiate a National Political
Dialogue and is hoped that the process will address the concerns of civil, political and socio
economic concerns of Nigerians;
7. The Mission acknowledges the Governments efforts to ensure proper planning of the
Country’s infrastructure but is concerned with the demolition of business structures and
shelters for example at Wuse market and recommends to the Government to ensure the
process is done with due consultations with all stakeholders through dialogue and provision
of alternatives in a bid to alleviate poverty and uphold the right to housing for its residents.
8. The Mission urges the African Commission to establish and maintain links with the Judiciary
in Nigeria and involve them in the activities of the African Commission, for instance
through the exchange of reports and decisions;
9. The Mission notes the concerns raised by the various persons met relating to police brutality
and vigilante groups and recommends that police officers be trained on human right
principles and arrest and prosecute vigilante groups;
10. The Mission notes that some states in Nigeria have declared themselves Sharia states. The
Mission recommends that attempts should be made by the Republic of Nigeria to ensure
right to freedom of conscience, belief and the right to practice any religion is respected in all
states and criminal aspects of Sharia should be addressed by the State and the Federal
Government to ensure they conform to international human rights standards
Mrs. Jainaba Johm-Commissioner
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