Mission Reports

Nigeria Promotion Mission Report_21 to 30 November 2016

En-Nigeria Promotion Mission Report_21 to 30 November 2016.pdf
REPORT OF THE JOINT PROMOTION MISSION 21 to 30 November 2016 Presented during the 24th Extra-Ordinary Session of the African Commission on Human and Peoples’ Rights, held from 30 July to 08 August 2018 in Banjul, Republic of Gambia
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TABLE OF CONTENTS Acknowledgements …. Pg.4 Introduction …. Pg.5 Terms of Reference of the Mission …. Pg.5 Methodology …. Pg.6 General Information on Nigeria …. Pg.7 Conduct of the Mission …. Pg.12 (a) GOVERNMENT 1. 2. 3. 4. 5. 6. 7. 8. Meeting with the Secretary to the Government of the Federation; Meeting with the Attorney General and Federal Minister of Justice; Meeting with the Federal Minister of Health; Meeting with the Deputy Senate Leader; Meeting with the Permanent Secretary in the Ministry of Women’s Affairs and Social Development; Meeting with the Permanent Secretary in the Ministry of Power, Works and Housing; Meeting with Representatives from the Minister for State Petroleum Resources; Meeting with Chief Justice of Nigeria and Members of the Supreme Court. (b) OTHER STAKEHOLDERS 1. Meeting with the Comptroller General of Prisons; 2. Meeting with the Executive Secretary, National Human Rights Commission; 3. Meeting with the Niger Delta Development Commission (NDDC); 4. Meeting with the National Agency for the Control of AID 5. S (NACA); 6. Meeting with the National Centre for Women Development (NCWD); 7. Meeting with the Nigeria Extractive Industries Transparency Initiative (NEITI); 8. Meeting with the National University Commission (NUC); 9. Meeting with the Legal Aid Council; 10. Meeting with the Nigerian Bar Association; 11. Meeting with the United Nations High Commissioner for Refugees (UNHCR); 12. Interactive Session with Civil Society Organizations (CSOs). (c) PRISON VISIT - …. Pg.28 Visit to Kuje Prison Press Conference …. Pg.29 Observations and Analysis of the Commission …. Pg.29 Recommendations …. Pg.34 Annex …. Pg.37 3
ACKNOWLEDGEMENTS The African Commission on Human and Peoples’ Rights (the Commission) would like to express its gratitude to the Government of the Federal Republic of Nigeria (Nigeria) for authorizing this Promotion Mission, and for putting at the disposal of its delegation all the facilities and personnel to ensure the success of the Mission. In particular, the Commission singles out the Ministry of Justice and the Focal Points who accompanied the delegation throughout its Mission, for the arrangements put in place which enabled the delegation to meet a variety of Government and other actors, in order to have a fairly representative view of the human rights situation in the country. The Commission also wishes to thank all the representatives from various Government ministries, independent statutory institutions and other individuals that found time to meet with its delegation. 4
I. INTRODUCTION 1. The African Charter on Human and Peoples’ Rights (the African Charter) mandates the Commission to promote the observance of the rights guaranteed in the African Charter, to monitor its implementation, to ensure the protection of the rights and freedoms set out in therein, and to interpret and advise on its implementation. 2. The Federal Republic of Nigeria (Nigeria) is State Party to the African Charter which it ratified on 22 June 1983, and it is on this premise that a promotion mission of the Commission was undertaken to Nigeria from 21 to 30 November 2016 by Commissioner Lucy Asuagbor, the Commissioner responsible for human rights promotion in Nigeria, Special Rapporteur on the Women’s Rights in Africa and Head of Delegation, and Commissioner Solomon Ayele Dersso, the Chairperson of the Working Group on Extractive Industries, Environment and Human Rights Violations in Africa. 3. Previous promotion missions of the Commission to Nigeria include the following: from 14 to 18 September 2009 undertaken by Commissioner Musa Ngary Bitaye, the Commissioner responsible for the human rights in Nigeria; from 20 February to 02 March 2001 undertaken by Commissioner Julienne Ondziel-Gnelenga, the Special Rapporteur on Women’s Rights in Africa; and from 07 to 14 March 1997 undertaken by a delegation from the Commission, led by Professor E.V.O. Dankwa, the ViceChairperson of the Commission. II. TERMS OF REFERENCE OF THE MISSION 4. The Terms of Reference of the Mission were as follows: i. To promote the African Charter and the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (the Maputo Protocol) through the exchange of views and sharing of experiences with the Government of the Federal Republic of Nigeria, and the main stakeholders working in the field of human rights, on how to improve the enjoyment of human rights in the country; ii. To raise awareness about and visibility of the Commission in Nigeria especially among the relevant Government departments, civil society and other relevant stakeholders including the media; iii. To seek information and discuss with the relevant stakeholders on the major human rights issues in the country and on human rights issues of particular concern to the Commission including: extra-judicial or arbitrary killings and the death penalty; the prevention of torture; freedom of association and assembly, including the situation of human rights defenders; freedom of expression and the right to information; the independence of the judiciary; the rights of older persons and persons with disabilities; persons living with HIV/AIDS; as well as economic, social and cultural rights; iv. To meet with relevant State institutions and all the other stakeholders involved in the promotion of women’s rights, to discuss issues affecting women in Nigeria and 5
on-going policies and programs for the protection of women’s rights in the country; v. Ensure that the Special Mechanisms of the Commission are known through their composition and mandate, by emphasizing the importance of establishing stronger synergy between these mechanisms and Civil Society Organizations (CSOs); vi. To discuss with representatives of relevant Government offices, and other stakeholders including CSOs and actors in the extractive industries sector in Nigeria, on human rights issues in the extractive industry and gather relevant information on the legal and institutional framework governing the exploitation of natural resources in Nigeria; vii. To visit prisons in Nigeria so as to assess the extent to which conditions of detention comply with regional and international standards, and to hold discussions with prison administrative officials and other stakeholders on all issues relating to detention and prisons, and on the work of the Commission on this specific theme; viii. Encourage the Government of Nigeria to present its periodic Reports regularly in line with Article 62 of the African Charter by addressing the challenges it faces and the areas of concern, while highlighting the progress achieved in implementing human rights; and ix. Inquire about the monitoring and implementation of the recommendations contained in the last Promotion Mission to Nigeria in 2009, and the 5 th Periodic Report of Nigeria submitted to the Commission in 2014, as well as the implementation of recommendations of the Commission on Communications filed against Nigeria. III. METHODOLOGY 5. During the Mission, the delegation met with the country’s highest authorities, including: the Secretary to the Government of the Federation; the Attorney General and Federal Minister of Justice; the Minister of Health; the Permanent Secretary on behalf of Senator Aisha Jummai Alhassan, Minister of Women’s Affairs and Social Development; the Deputy Senate Leader; the Permanent Secretary, Ministry of Power, Works and Housing; Representatives of the Minister for State Petroleum Resources; and the Chief Justice of Nigeria. 6. The delegation also held meetings with representatives of the following institutions: the Comptroller General of Prisons; the National Human Rights Commission; the National Agency for the Control of AIDS; the Nigerian Bar Association; the Niger Delta Development Commission; the National Centre for Women Development; the Nigeria Extractive Industries Transparency Initiative. 7. Additionally, the delegation met with representatives from the National University Commission, the Legal Aid Council, the United Nations High Commissioner for 6
Refugees, as well as a very brief meeting with a number of CSOs working in Nigeria. The delegation also visited the Kuje Prison, where it met with personnel involved in prison administration. 8. The Mission concluded with a press conference, which was held in conjunction with representatives from the Ministry of Justice. IV. GENERAL INFORMATION ON NIGERIA1 - Brief historical and political background 9. In the northern cities of Kano and Katsina, recorded history dates back to about 1000 AD. In the centuries that followed, the Hausa kingdoms and the Bornu empire near Lake Chad prospered as important terminals of north-south trade between North African Berbers and the forest people who exchanged slaves, ivory, and kola nuts for salt, glass beads, coral, cloth, weapons, brass rods, and cowrie shells used as currency. In the Southwest, the Yoruba Kingdom of Oyo was founded about 1400, and at its height from the 17th to 19th centuries attained a high level of political organization and extended as far as modern day Togo. 10. In 1885, British claims to a sphere of influence in that area received international recognition and, in the following year, the Royal Niger Company was chartered. In 1900, the company’s territory came under the control of the British Government, which moved to consolidate its hold over the area of modern Nigeria. In 1914, the area was formally united as the Colony and Protectorate of Nigeria. Administratively, Nigeria remained divided into the Northern and Southern Provinces and the Lagos Colony. 11. Nigeria was granted full independence in October 1960, as a Federation of three regions (Northern, Western, and Eastern) under a Constitution that provided for a parliamentary form of Government. Under the Constitution, each of the three regions retained a substantial measure of self-government. The Federal Government was given exclusive powers in defence and security, foreign relations, and commercial and fiscal policies. In October 1963, Nigeria altered its relationship with the United Kingdom by proclaiming itself a Federal Republic and promulgating a new Constitution. A Fourth Region, the Midwest, was established that year. 12. On 15 January 1966, a small group of army officers overthrew the Government and assassinated the Federal Prime Minister and the Premiers of the Northern and Western Regions. In a move that gave greater autonomy to minority ethnic groups, the military divided the four regions into twelve (12 states); however the Igbo2 rejected attempts at constitutional revisions and insisted on full autonomy for the East. Finally, in May 1967, Lt. Colonel Emeka Ojukwu, the Military Governor of the 1 Sources : https://en.wikipedia.org/wiki/History_of_Nigeria; http://www.nigerianinfo.com.ng/nigerian-past-and-present-leaders-from-1960-till-date/; http://www.crawfordsworld.com/rob/apcg/Nigeria/Unit4NigeriaHistory.html; http://www.nigerianinfo.com.ng/nigerian-past-and-present-leaders-from-1960-till-date/; https://en.wikipedia.org/wiki/Goodluck_Jonathan 2 The Igbo people are an ethnic group native to the present-day south-central and southeastern Nigeria.” https://en.wikipedia.org/wiki/Igbo_people 7
Eastern Region, who emerged as the leader of Igbo secessionist sentiment, declared the independence of the Eastern Region as the Republic of Biafra. The ensuing civil war ended in the defeat of Biafra in January 1970. 13. Following the civil war, reconciliation was rapid and effective, and the country turned to the task of economic development. Foreign exchange earnings and Government revenues increased with the oil price rises of 1973 and 74. However, on 29 July 1975, General Murtala Muhammed and a group of fellow officers staged a bloodless coup, accusing General Yakubu Gowon’s Military Government of delaying the promised return to civilian rule and becoming corrupt and ineffective. General Murtala Muhammed was assassinated in a coup on 13 February 1976 and his Chief of Staff, Lt. General Olusegun Obasanjo, became the Head of State. Seven (7) new states were created in 1976, bringing the total to nineteen (19). The process of creating additional states continued until 1996, with the final number of states reaching thirty-six (36). - The land and people 14. Nigeria shares borders with the Republics of Benin in the west, Chad and Cameroon in the east, and Niger in the north. Its coast lies on the Gulf of Guinea in the south and it borders Lake Chad to the northeast.3 15. Nigeria is composed of multiple ethnic groups and cultures and the term ‘Nigerian’ refers to a citizenship-based civic nationality. Nigerians derive from over two hundred and fifty (250) ethnic groups and languages.4 The three largest and most dominant ethnic groups are the Hausa, Yoruba, and Igbo, whereas other smaller groups include the Fulani, Ijaw, Kanuri, Ibibio, Tiv, and Edo.5 16. Nigeria is famous for being Africa’s most populous country. Last collected in 2012 by the Nigeria National Bureau of Statistics, the total population of citizens in Nigeria was around 166.2 million people. In 2016, it is estimated to have over 178.5 million people, although United Nations projections have placed the population as high as 186 million. Back in 1960, when the country declared its independence from the United Kingdom, the country recorded an estimated 45.2 million people. That constitutes a change of about 268% between the year 1960 and the year 2012.6 17. The mining of minerals in Nigeria accounts for only 0.3% of its Gross Domestic Product (GDP), due to the influence of its vast oil resources. The domestic mining industry is underdeveloped, leading to Nigeria having to import minerals that it could produce domestically, such as salt or iron ore.7 Mining law is codified in the Federal Minerals and Mining Act of 1999. - Current Structure of Government 3 Geography of Nigeria, https://en.wikipedia.org/wiki/Geography_of_Nigeria https://en.wikipedia.org/wiki/Nigerians 5 www.everyculture.com/Ma-Ni/Nigeria.html 6 http://worldpopulationreview.com/countries/nigeria-population/ 7 https://en.wikipedia.org/wiki/Mining_industry_of_Nigeria 4 8
18. H.E. Muhammadu Buhari is the current President of Nigeria, in office since 29 May 2015. He is a retired Nigerian Army Major General and was Head of State of Nigeria from 31 December 1983 to 27 August 1985, after taking power in a military coup d’état. 19. Nigeria is Federal Republic comprising a federal Government, thirty-six (36) State Governments, a Federal Capital Territory8 and seven hundred and seventy-four (774) Local Government Areas. The Constitution provides for separation of powers among the three branches of Government: the Executive, Legislature, and the Judiciary. 20. Executive power is vested in the President, who is simultaneously chief of state and head of Government. The president’s Federal Executive Council, or cabinet, includes representatives from all thirty six (36) States. Legislature 21. The National Assembly consisting of a one hundred and nine (109) member Senate and a three hundred and sixty (360) member House of Representatives, constitute the legislative branch. Three (3) Senators represent each of the States, and one additional Senator represents the capital city of Abuja. Seats in the House of Representatives are allocated according to population. Therefore, the number of House members from each State differs. Members of the National Assembly are elected for a maximum of two four-year terms. The Judicial System 22. Nigeria’s legal system is based on a combination of statutory (legislative) law, English common law, customary law, and, in the north, Islamic law (sharia).9 Nigeria’s federal and state courts apply statutory and English common law, whereas local courts recognize the legitimacy of customary and Islamic law. 23. The Nigerian Constitution provides for an independent judiciary. Chapter VII of the 1999 Constitution provides for the following courts: the Supreme Court; the Court of Appeal; the High Court of the Federal Capital Territory, Abuja; the Sharia Court of Appeal of the Federal Capital Territory, Abuja; the Customary Court of Appeal of the Federal Capital Territory, Abuja; a High Court for each State; a Sharia Court of Appeal; a Customary Court of Appeal. 24. The Constitution empowers the National Assembly and the House of Assembly to establish courts with subordinate jurisdiction to the High Court. Electoral System 25. The President and members of the bicameral National Assembly are elected to a maximum of two ‘four-year’ terms. The Independent National Electoral Commission is responsible for administering the elections. 8 ‘The Federal Capital Territory (FCT) is a federal territory in central Nigeria. Abuja, the capital city of Nigeria, is located in this territory.’ https://en.wikipedia.org/wiki/Federal_Capital_Territory,_Nigeria 9 http://www.nigerianrome.org/about-nigeria/government-politics 9
List of Ministers 26. The current Members of Cabinet are as follows:10 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • - President Muhammadu Buhari - Minister of Petroleum; Geoffrey Onyema - Minister of Foreign Affairs; Dan Ali - Minister of Defence; Chris Ngige - Minister of Labour & Employment; Kayode Fayemi - Minister of Solid Minerals; Rotimi Amaechi - Minister of Transportation; Babatunde Fashola - Minister of Power, Works and Housing; Abdulrahman Dambazau - Minister of Interior; Aisha Alhassan - Minister of Women Affairs and Social Development; Ogbonaya Onu - Minister of Science and Technology; Kemi Adeosun - Minister of Finance; Abubakar Malami – Federal Minister of Justice & Attorney General; Barr. Adebayo Shittu - Minister of Communication; Suleiman Adamu - Minister of Water Resources; Solomon Dalong - Minister for Youth and Sports; Audu Ogbeh - Minister of Agriculture; Udo Udo Udoma - Minister of Budget & National Planning; Lai Mohammed - Minister of Information; Amina Mohammed – Federal Minister of Environment; Okechukwu Enelamah - Minister of Trade, Investment & Industry; Muhammadu Bello - Minister of Federal Capital Territory; Adamu Adamu - Minister of Education; Isaac Adewole - Minister of Health; Pastor Usani Uguru - Minister of Niger Delta; Hajia Khadija Bukar Ibrahim - Minister of State, Foreign Affairs; Ibrahim Usman Jibril - Minister of State, Environment; Sen. Hadi Sirika - Minister of State, Aviation; Ibe Kachikwu - Minister of State, Petroleum; Osagie Ehanire - Minister of State, Health; Cladius Omoleye Daramola - Minister of State, Niger Delta; Professor Anthony Onwuka - Minister of State, Education; Barr. James Ocholi - Minister of State, Labour & Employment;11 Zainab Ahmed - Minister of State Budget and National Planning; Mustapha Baba Shehuri - Minister of State, Power; Aisha Abubakar - Minister of State, Trade & Investment; Heineken Lokpobiri - Minister of State, Agriculture; Abubakar Bawa Bwari - Minister of State, Solid Minerals. Ratification of regional and international human rights instruments 10 http://www.xtremeloaded.com/2268/list-of-current-nigerian-ministers-2015-2016-updated#4595; Information confirmed with Mrs. Stella Anukam, Director, Freedom of Information Unit, Ministry of Justice, before the Mission was conducted. 11 Deceased, yet to be replaced 10
27. Nigeria has ratified the following regional and international instruments: • • • • • • • • • • • • • • • • • • 28. The Maputo Protocol; The Convention Governing the Specific Aspects of Refugee Problems in Africa; The Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights (the Court Protocol); The African Charter on the Rights and Welfare of the Child; The African Charter on Democracy, Elections and Governance; The African Union Convention on Preventing and Combating Corruption; The African Youth Charter; The African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (the Kampala Convention); The International Covenant on Civil and Political Rights (ICCPR); The International Covenant on Economic, Social and Cultural Rights (ICESCR); The Convention on the Elimination of All Forms of Discrimination against Women; The Convention on the Rights of Persons with Disabilities; The International Convention on the Elimination of All Forms of Racial Discrimination; The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT); The Optional Protocol to CAT; The Convention on the Rights of the Child (CRC); The International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families; The Rome Statute of the International Criminal Court. Nigeria has not ratified the following international instruments: • • • 29. The Optional Protocol to the ICCPR; The Second Optional Protocol to ICCPR, aiming at the abolition of the death penalty; The Optional Protocol to the ICESCR. Although Nigeria is a State Party to the Court Protocol, it has not made the declaration under Article 34(6) which would allow individuals and NGOs direct access to the Court. - The Nigerian Legal framework 30. The current Constitution came into force on 29 May 1999. Section 1(1) of the Constitution provides the following: “This Constitution and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria.” 31. In addition to this, Section 1(3) provides, “If any other law is inconsistent with the provisions of this Constitution, this Constitution shall prevail and that other law shall to the extent of the inconsistency be void. 11
32. The fundamental rights of the citizens are set out in Chapter 4 of the Constitution. These rights include, the right to life, right to dignity of persons, right to personal liberty, right to fair hearing, right to private and family life, right to freedom of thought, conscience and religion, right to freedom of expression and the press, right to peaceful assembly and association, right to freedom of movement, right to freedom from discrimination and the right to acquire and own immovable property anywhere in Nigeria. V. CONDUCT OF THE MISSION 33. This section of the Report provides highlights of the meetings held during the Mission. a) GOVERNMENT 1. Meeting with the Secretary to the Government of the Federation12 34. The delegation met with the Secretary to the Government of the Federation, H.E. Eng. Babachir David Lawal. Following the general introductions and explanation of the Commission’s mandate, the Commission was informed of initiatives established to ensure the promotion and protection of human rights, including the Nigerian Human Rights Commission, the Presidential Committee on North East Initiative and the North East Marshall Plan (the Presidential Committee). 35. The Secretary to the Government reported on the humanitarian issues affecting the North East section of the country, which had resulted in the displacement of people in the region. In this regard it was noted that the Presidential Committee was established to develop the North East region, including through building infrastructure, de-mining, the ‘safe-schools’ initiative to rebuild schools, among others. The Presidential Committee was established by H.E. President Buhari to serve as the primary national strategy, coordination and advisory body for all humanitarian interventions, transformational and developmental efforts in the North-East region of Nigeria. He noted that a gender perspective had been included in all the Government’s rehabilitation programs in the North East. 36. Regarding combatting extremism, it was noted that a doctrine had been developed by the Government to raise awareness on extremism, address counter terrorism issues such as treatment of insurgents and development of the Army’s rules of engagement when fighting extremism. 37. The Secretary to the Government also noted issues of national importance which were currently being addressed including, rehabilitation of prisons, initiatives to regulate the mining and extractive industry, and programs to ensure protection of the youth and minors. 12 “The Office of the Secretary to the Government of the Federation, is the office of the Presidency that is responsible for ensuring the effective co-ordination and monitoring of the implementation of Government policies.” http://www.osgf.gov.ng/index.php/78-featured/72-article-a 12
38. Another issue raised was the Equal Employment Opportunity Initiative, which was committed to ensuring equal allocation of jobs. 2. Meeting with the Attorney General and Federal Minister of Justice 39. The delegation met with the Attorney General and Federal Minister of Justice, H.E. Abubakar Malami. During the meeting, the Minister of Justice gave an overview of the Ministry, and specifically noted the enactment of the Administration of Criminal Justice Act (2015) to address delays in the administration of justice. While he agreed that the number of pre-trial detainees was high, he noted that the Federal Executive Council had issued a Memo to the Ministry of Justice, requesting the Ministry to establish a digitized system to gather data on all prisoners awaiting trial, with the view to concluding pending criminal cases and assessing the prisoners who should be released. 40. Regarding non-execution of bail orders issued by the Courts, the Minister noted that the issuance of these orders was based on two principles; public and private interest. Accordingly, he noted that in cases where the detained person was accused of several crimes such as possession of firearms, murder, etc., then within the context of the public interest, bail orders should not be issued for the accused to be discharged. However, he noted that bail orders were under the exclusive jurisdiction of the Courts. 41. Regarding the death penalty, the Minister of Justice noted that this forms part of the law of the country; however the prerogative of mercy was vested in the Governors of the different States. Additionally, he noted that currently there were no plans to repeal this law. 42. Regarding the situation of IDPs, the Minister noted that a Presidential Committee had been established to address the needs of the IDPs. 43. Regarding reports of alleged police brutality, the Minister noted that Nigeria was a signatory to CAT, and further that the Government was actively involved in adopting decisions with the view to ensure the elimination of torture. In response to a question on the ‘Shi’a Commission of Inquiry’ the Minister reported that the Government held inter-Ministerial and inter-State meetings in response to the allegations of excessive use of force by security officers, which led to the establishment of the Commission of Inquiry. 44. Regarding environmental issues, the Minister reported that the Government was working to clean up the Ogoni land, and further that a section of the Petroleum Industry Bill was dedicated to environmental issues, and provided for the various responsibilities of the Government and private companies. He noted that the Ministry was exerting pressure for passage of the Bill. He also noted that the Federal Ministry of Environment had established the Hydrocarbon Pollution Remediation Project. 45. Regarding pending bills, the Minister also noted that there were a number of Bills currently pending adoption by the National Assembly, including the Disability bill. 13
46. Regarding a question on the non-justiciability of socio-economic rights in Nigeria, the Minister noted that the legal system involved legal rights and remedies for violations of the rights; however the Courts were reluctant to award remedies for violations of socio-economic rights. Accordingly, he noted that sensitization was required to raise awareness on the right to remedies for violations of socio-economic rights. 3. Meeting with the Federal Minister of Health 47. The delegation met with the Federal Minister of Health, H.E. Professor Issac Folorunso Adewale. During the meeting, the Minister reported that the three main aspects of health which the Ministry was focused on were access, quality and affordability. He noted that the Ministry was governed by the National Health Act (2014), which it was partnering with the State governments to implement. He highlighted the following areas of concern of the Ministry: provision of antenatal care to address maternal and infant mortality; addressing the challenges of malaria control; the right of every child to immunization; treatment for people living with HIV; ensuring adequate provision of nutrition and health services; the need for ambulances in prisons and the high incidence of Tuberculosis (TB) among the prison population. 48. In response to a question from the delegation, the Minister reported that the health sector received 4.3% of the national budget. Further, in response to a question on universal health coverage, the Minister reported that the Government had set the target to ensure that all Nigerians had access to health care services, with the plan to decongest the national hospitals by improving primary care centres which were situated around the country. 49. Regarding the situation in the North East, the Minister noted that the Federal Government had approved emergency financial aid to address the humanitarian situation being facing by the IDPs. He further noted that funds had been released to the Ministry to address the lack of adequate nutrition in the IDP camps. Further, regarding health and the extractive industry, it was reported that the Ministry was working with the Federal Ministry of Environment to provide free health care to people working in the oil and gas sector. In this regard, he noted that there had been a number of cases of lead poisoning, which led the Ministry to conduct training on epidemiology in order to detect future occurrences. 50. It was also reported during the meeting that the Minister of Health was appointed as the Special Assistant to the President on the Sustainable Development Goals (SDGs), and that the Government had set the goal of achieving the SDG health sector target by 2025. Additionally, it was reported that the Government was committed to the target of achieving ‘no new HIV infections’ and bringing ‘mother to child transmission’ to zero, by 2030. Regarding access to ARVs, the Minister noted that this was based on the patient’s CD4 count, and further that the Ministry intended to conduct a survey in 2017 on the incidence of HIV in the population, to obtain an accurate figure on the prevalence rate in the country. The Minister also noted that free HIV testing was available to all pregnant women. 4. Meeting with the Deputy Senate Leader 14
51. The delegation met with the Deputy Senate Leader, Senator Bala Ibn Na’Allah. During the meeting, in response to the question on pending Bills before the Senate, Senator Na’Allah reported that both the ‘Anti-torture bill’ and the ‘Disability Rights bill’ had passed the second reading and were at the Committee level for finalization, while the National Health Insurance Bill had just been introduced. Regarding the Petroleum Industry Bill, Senator Na’Allah noted that the report of the Nigeria Extractive Industries Transparency Initiative (NEITI) on the Bill was under consideration at the Committee level. 52. With regards to domestication of treaties, Senator Na’Allah noted that he had constituted a Committee to develop one comprehensive procedure for domestication of all Conventions and Treaties to which Nigeria was signatory. 53. Regarding the promotion and protection of human rights, Senator Na’Allah noted that the main challenge being faced by the Senate was that of cultural relativism. In this regard he noted that education was the key to addressing the gap of relativism. 54. In response to a question regarding investigations on security operations in the North East, Senator Na’Allah noted that the Public Petition Committee was responsible for receiving reports of human rights violations brought to attention of the Senate. However, he noted that the Senate was careful not to step out of its legislative boundaries. Regarding the situation on the North East, Senator Na’Allah noted that the Senate was waiting for the report of the Commission on Inquiry in order to determine the legislative action to be taken. 55. In response to the issue of the non-justiciability of socio-economic rights which was contrary to the African Charter, Senator Na’Allah noted that, in the Constitution certain rights were dependent on the Government’s policies and therefore were dependent on the capacity of the State to provide these rights. He concluded by noting that these rights may not be justiciable without amending the Constitution. 56. In response to a question on increasing the national budget on education, Senator Na’Allah noted that the National Assembly was not vested with the responsibility of making allocations of the proposed national budget. Lastly, in response to a question on the Human Rights Fund which would receive contributions from companies based in Nigeria, Senator Na’Allah reported that this Bill had not yet been passed. 5. Meeting with the Permanent Secretary in the Ministry of Women’s Affairs and Social Development 57. The delegation met with Phyllis Nwokedi, the Permanent Secretary in the Ministry of Women’s Affairs and Social Development, on behalf of Senator Aisha Jummai Alhassan. During the meeting, the delegation was informed that the Violence against Person Prohibition Act (the VAAP) was enacted in 2015, and further that the Ministry had developed the National Plan of Action to address Gender Based Violence (20152017). Regarding the VAAP, the Permanent Secretary noted that this law criminalized FGM and spousal battery, among others. 15
58. Regarding the major women’s rights issues in the country, it was noted that these include violence against women including rape, discrimination, FGM, early marriage, among others. Regarding the participation of women in elections, the Permanent Secretary noted that the Ministry intended to run a seminar to raise awareness on women’s right to vote and participate in elections. The Permanent Secretary also noted that the Ministry had recently completed a study on violence against the girl child, and as a result of the findings the President had started a campaign to raise awareness on violence against children. 59. In response to a question on the provision of services to victims of gender based violence (GBV), it was noted that the Ministry had established a centre where victims of these violations reported such cases and received care, including psycho-social care. It was also noted that the centre paid for the victims who were referred to the hospital for treatment. 60. Regarding gender equality, it was noted that the Ministry intended to launch the ‘Hefor-She Campaign’ in 2017, with the aim to sensitize men on gender equality. The Permanent Secretary also noted a pilot program had been established called the National Women Empowerment Fund (NAWEF), which was a part of the Government Enterprise and Empowerment Programme (GEEP), to provide microcredit facilities specifically for women. 61. Regarding the prevalence of FGM, it was noted in the meeting that the Ministry was working in conjunction with UNICEF to end to the practice completely. It was noted that FGM was still practiced in some States in the country, accordingly the Ministry had developed advocacy materials specifically targeting those States. It was further noted that the Ministry intended to establish a Taskforce to monitor and implement the Government’s initiatives with the aim of eradicating FGM completely. 62. Regarding land and women’s rights to inheritance, it was noted that a recent Supreme Court decision declared that women had the same rights to inherit land as men. The Permanent Secretary noted that among the Ibo people, women were not allowed to inherit land, therefore a case was brought to the Supreme Court challenging this practice; however sensitization was required to raise awareness on this binding decision. 63. Regarding the insurgency in the North East, it was reported that the Ministry had not received any cases alleging violations of the rights of women by the security forces in the area; however Ms. Nwokedi noted that a Commission of Inquiry had been established to investigate all reports of human rights abuses in the area. 64. On the rights of older persons and persons living with disabilities, it was noted that a ‘Disability Bill’ was currently before the National Assembly for its adoption, with one of its provisions proposing that 2% of the workforce was to be reserved for persons with disabilities. It was also noted that the main issues affecting persons living with disabilities was inclusion and accessibility. On the rights of older persons, it was reported that a bill for the protection of older persons was also pending adoption by National Assembly; however the Ministry was currently developing a draft Social Policy on Ageing. 16
6. Meeting with the Permanent Secretary in the Ministry of Power, Works and Housing 65. The delegation was received by Permanent Secretary for Works and Housing, Engineer A. G. Magaji, on behalf of the Minister. 66. During the discussion, the delegation was informed on various initiatives of the Ministry. On the subject of housing, it was noted that public-private partnerships (PPPs) had become a popular tool for funding new infrastructure projects in the country. It was noted that infrastructure, including houses, were built by private developers for the Government, which were then rented to the public with the option to purchase the house from the Government. Additionally, the goal was for the Government to provide subsidies which would assist citizens to purchase their houses. In this regard, it was noted that the current Government had invested a lot of money to provide housing, including through working with the Governments of the 36 States. The Permanent Secretary also noted that there was a deficit of 17 million people in the country, who did not have access to adequate housing. 67. In response to a question on the management of informal settlements, it was noted that these were under the responsibility of the State Governments; however the Federal Government was committed to addressing the issue of informal settlements in Nigeria, including through requesting the financial resources to address the issue in its next budget. 68. Regarding the issue of roads, the Permanent Secretary reported that the roads which were under the responsibility of the Federal Government were well maintained, and that no toll charges were imposed on the citizens for use of these roads. However, it was noted that some roads in the States had been neglected for a long time and as a result required maintenance. The maintenance of those roads was dependent of the financial capacity of the local government to provide the services to maintain them. 7. Meeting with Representatives from the Minister for State Petroleum Resources 69. The delegation was received by Mr. Olusegun Adekunle, the Director, Planning Research and Services of the Ministry for State Petroleum Resources. 70. During the meeting, the delegation learned that H.E. the President is the Minister for Petroleum Resources, and that the Petroleum Industry Bill was pending adoption by the National Assembly. It was also noted that the Ministry was involved in initiatives to reverse environmental degradation occurring as a result of extractive industries, including monitoring the clean-up of the Ogoni land in conjunction with the Ministry of the Environment. In this regard it was noted that the Federal Government established the National Oil Spill Detection and Response Agency (NOSDRA), to ensure protection of the environment and to develop regulation to deter future violations. 71. Regarding the Ogoni land, it was reported the Ogoniland Cleanup and Restoration project was established to address the impact of oil extraction in Ogoniland. It was also noted that civil society organizations were represented in the Ogoni Government 17
Council, and that the Ministry of the Environment was leading the Ogoni restoration project. 72. In response to a question on the impact of the insurgency on the extraction of petroleum resources, it was noted that the Ministry was working with other Ministries in the Federal Government to prevent the reoccurrence of the insurgency, for example building the necessary infrastructure to ensure continued extraction of petroleum. It was also noted that the Ministry had set a target of increasing the domestic refining capacity to more than 60% by 2019. 73. Regarding the situation in the Niger Delta, it was noted that there was a legitimate reason for the citizens living in the area to demand for better amenities. It was further noted that the Niger Delta Development Commission received 30% from the sale of extracted resources in the area, which should be used to develop the region. 74. With regard to the compensation framework for dispossession of land, environmental degradation, among others, it was noted that the State Government held the land in trust for the people. Accordingly, compensation was negotiated by the affected communities, the State Government and the Federal Government. 8. Meeting with Chief Justice of Nigeria and Members of the Supreme Court 75. The delegation was received by Hon. Justice Walter S. N. Onnoghen, the Chief Justice of Nigeria, and nine (9) Members of the Supreme Court.13 76. During the meeting, the delegation was informed that there are seventeen (17) Judges in the Supreme Court, four (4) of whom are women. It was further noted that Part 4 of the Constitution (1999) provides for the fundamental human rights of Nigerian citizens; however socio economic rights were not justiciable in the Constitution. It was reported that the country has the following Courts: Customary; Magistrate; High Court; Islamic; Courts of Appeal; and the Supreme Court which is the highest court in the country. It was noted that the Supreme Court does not have original jurisdiction on human rights matters, rather these cases could be part of an appeal brought to the Supreme Court. The Chief Justice also noted that cases related to fundamental human rights, political cases, cases on terrorism were given expedited hearing at the Supreme Court. 77. It was also noted that the Fundamental Rights (Enforcement Procedure) Rules (2009) had increased the jurisdiction for human rights cases, which had increased the access of citizens to the Courts for cases of human rights violations. 78. The Chief Justice noted that trainings were held for all Judges of lower Courts, and further that lawyers in the country were routinely trained on human rights issues. In this regard, it was reported that the Judiciary worked with the National Judicial Institute to provide the necessary training to judicial officers. 79. In response to a question on a Report by the National Human Rights Commission of Nigeria (2015), which raised concerns and issues on the role of the Judiciary with 13 Annex - Names of Supreme Court Justices met 18
regard to violations of election laws, the Chief Justice noted that he did not agree with the findings of the Report. He also noted that the Constitution made provisions for Election Tribunals, which would assist to decongest the current backlog of cases related to violations of election laws. 80. In closing, the Chief Justice reiterated that the Supreme Court had been spearheading the effort to reduce the existing backlog of pending cases. b) OTHER STAKEHOLDERS 1. Meeting with the Comptroller General of Prisons 81. The delegation was received by Mr. Ahmed Ja’afaru, the Comptroller-General of the Nigeria Prisons Service. 82. During the meeting, the delegation was informed that, as provided in the Prisons Act (2004), the mandate of the Nigeria Prisons Service (NPS) was to secure the custody of all inmates, to produce inmates to Court when required and to set up mechanisms for the rehabilitation of inmates. The Comptroller-General reported that there were 240 prisons in the country, with 138 prisons for male inmates, 83 satellite prisons, 14 farm centers, which are located across the 36 States. Regarding the total prison population, it was reported that, as at 21 November 2016, there were 69,217 inmates, with 48,155 awaiting trial and 21,062 convicted who were serving sentences. 83. In response to a question on female inmates, Mr. Ja’afaru reported that, as at 21 November 2016, there were 1,046 female inmates awaiting trial, and 322 convicted female prisoners. He noted that 2.9% of the inmate population was female. Additionally, it was reported that nursing women were imprisoned with their children for up to 18 months, to allow them the opportunity to nurse their children. He also reported that female prisoners received a pregnancy test on their first day of incarceration, and that female prison officers were posted to work in the prisons for female inmates. 84. The delegation was informed that the NPS includes a Staff College, Prison Academy and 4 training institutions. It was also noted that the NPS collaborates with partners to conduct training on access to justice and human rights, for example a recent series of trainings which were facilitated by the European Union on the United Nations Standard Minimum Rules (the Mandela Rules). Mr. Ja’afaru also noted that the NPS had developed the Human Rights Training Manual (2015) which made reference to the provisions of the Commission’s Robben Island Guidelines. 85. The Comptroller General noted that the inmates were received within 24 hours of arrival at the prison by the Admission and Discharge Board. In response to a question Mr. Ja’afaru reported that 71% of the prison population were awaiting trial, further noting that the longest periods of pre-trial detention were as long as 10 years. 86. In response to a question Mr. Ja’afaru noted that the prisons did not have enough personnel, therefore the NPS required a budget which would allow it to address the staffing deficit. 19
87. It was also noted that the prisons offered skills building courses such as tailoring to the inmates, including the facilities to complete basic education. In this regard Mr. Ja’afaru reported that six prisoners had recently taken secondary exams, which they passed with distinction and would be proceeding to take university courses. Additionally, it was noted that the NPS had set up farming and animal husbandry programs for the inmates as a means to increase the prisons’ feeding programs, partly in response to the reduction in funding from the Government. Mr. Ja’afaru also noted that prisoners received three full meals a day. 88. Further, it was noted that unannounced prison visits could be conducted, and that each prison included a welfare section where prisoners could receive visits from their families or lawyers. 89. Regarding the separation of prisoners, the Comptroller-General noted that prisoners were separated according to their crimes, with hardened criminals separated from the general population to prevent radicalization. However, he noted that prisoners arrested during the insurgency in the North East were in the custody of the Army. 90. The Comptroller General noted that the biggest challenge facing the NPS was the issue of funding by the Government; however also noted that the current Government had increased the budget to rehabilitate prisons in the country. In response to a question on overcrowding, he noted that this was an existing problem affecting the NPS, and gave an example of the Port Harcourt prison which had a capacity of 804, but a prison population of 3000. He proposed that the issue of overcrowding was a result of lack of speedy investigation and trials. 91. In response to a question on prisoners’ right to participate in elections, the Comptroller General reported that prisoners in the medium security prison of Benin City went to Court to advocate for their right to participate in elections, and the Court issued a judgment stating that prisoners had the right to vote. Accordingly, he noted that the NPS was working with the Independent National Electoral Commission (INEC) to ensure that prisoners would be able to vote during the 2019 elections. 2. Meeting with the Executive Secretary, National Human Rights Commission 92. The delegation met with the Executive Secretary of the National Human Rights Commission of Nigeria (NHRC), Professor Bem Angwe. 93. During the meeting, the delegation was informed that the NHRC, established in accordance with the Paris Principles, had a broad mandate on the promotion and protection of human rights. It was reported that the NHRC was fully independent, had a mandate to conduct investigations of human rights abuses and exercised jurisdiction as a quasi-judicial institution. It was further noted that the NHRC had the power to review legislation issued by the Government and to propose amendments or repeal provisions if they were in violation of human rights standards. Professor Angwe also noted that the NHRC’s recommendations had a binding effect in law. 20
94. Regarding the status of the NHRC’s Commissioners, Professor Angwe reported that they had security of tenure, and could not be removed from their position without the consent of the Parliament, as stated in the Amendment Act (2011) which enhanced the independence of the NHRC. Professor Angwe also noted that the NHRC conducted public awareness activities, received complaints from citizens and issued recommendations on the complaints, and conducted training for the Police and Military on human rights. Further, he noted that the NHRC had recently received several complaints from the public alleging violations committed by the military, which were being investigated. 95. Regarding the insurgency in the North East region of the country, Professor Angwe noted that this had resulted in displacement of citizens living in the area. He noted that the internally displaced persons (IDPs) who were living in temporary shelters required humanitarian assistance. He also reported that the NHRC had received reports of sexual assault in the IDP camps, which were also being investigated. Professor Angwe also observed that a major human rights situation of concern to the NHRC was incidents of violence between pastoralists and farmers, which had reportedly claimed thousands of lives. 96. Regarding access to justice, Professor Angwe reported that 70% of the inmates in the prisons were awaiting trial. While acknowledging the challenges with prolonged pretrial detention, he also noted that the Administration of Criminal Justice Act (2015) would assist in resolving the backlog of pending cases. 97. Regarding challenges facing the NHRC, Professor Angwe noted that funding was a major factor affecting the national institution, as this impeded its ability to conduct promotional activities and address all the complaints received. In this regard, he reported that the Government had proposed a Human Rights Fund, through which corporate entities operating in the country would donate 2% of their annual revenue to the Fund. He further noted that the Fund would be used to finance the NHRC’s principle mandate. 98. On the responsibility of businesses for human rights violations, Professor Angwe noted that the NHRC had initiated a national dialogue on the issue and established a special investigation panel to investigate these violations. He further noted that a National Policy on Business and Human Rights was currently being developed by the NHRC. 3. Meeting with the Niger Delta Development Commission (NDDC) 99. The delegation met with the Chairman of the Niger Delta Development Commission (NDDC), Senator Victor Ndoma-Egba. 100. Senator Ndoma-Egba informed the delegation that the NDDC was established following the enactment of the Niger Delta Development Commission Act (2000). He reported the NDDC was comprised of a governing Board with members from nine (9) oil producing States in the Niger Delta region namely: Abia State; Akwa Ibn State; Bayelsa State; Cross River State; Delta State; Edo State; Imo State; Ondo State; and Rivers State. The main mandate of the NDDC was to formulate policies and guidelines 21
for the development of the Niger Delta area. Senator Ndoma-Egba reported that the NDDC received an annual budget from the National Assembly. 101. Senator Ndoma-Egba noted that a Niger Delta Regional Development Master Plan was officially launched by the previous President, however it was not implemented owing to the fact that it was not funded. He noted that 90% of the Niger Delta region’s revenue came from oil, and further noted that the major challenges in the area included sustained environmental degradation and destruction of the region’s ecology which had an effect on the residents’ ability to fish or farm. He also noted that the situation in the region was exacerbated by the security situation during the insurgency, for example oil pipelines were destroyed which affected oil production. 102. In response to a question on the lack of development in the region, Senator NdomaEgba noted that the delay in the construction of the North-East road had an effect on the development of the region. Regarding the current situation in the region, Senator Ndoma-Egba noted that the nine States in the region had established an Advisory Council to monitor the efforts to rehabilitate the region. 103. In response to a question on the extractive industry, the NDDC Chairman noted that there were sixteen (16) laws governing this industry, which should be harmonized into one law. In this regard, he noted that the Petroleum Industry Bill was currently pending adoption by the National Assembly. He further proposed that the host communities required a sense of ownership in the extractive industry sector, and the extractive industries should operate according to standard operating procedures which were adhered to in other countries. 4. Meeting with the National Agency for the Control of AIDS (NACA) 104. The delegation met with the Assistant Director of the National Agency for the Control of AIDS (NACA), Dr. Yinka Falola-Anoemyah. 105. During the meeting, the delegation learnt that NACA was the Government focal point for coordinating the national HIV response and developing support programs on prevention and care, and further the national legal framework on HIV was the HIV/AIDS Anti-Discrimination Act (2014). Dr. Anoemyah reported that the National Strategy Framework mandated NACA to develop a gender responsive strategy to address HIV at the Federal, State and local level. He noted that the national prevalence rate was 3.4% in 2014, having dropped from 5.7 in 2007, and further the rate of prevalence of women was approximately 58%. Dr. Anoemyah also noted that NACA was working with its partners to address GBV, including a pilot project which was being implemented in five (5) States. The delegation also learnt that NACA’s main focus on was awareness of rights, the right to be tested, and disseminating relevant information to the general population on HIV/AIDS. 106. Dr. Anoemyah reported that NACA was working with the Federal Ministry of Health to ensure that the Gender Equality Bill was adopted by the National Assembly, to address the increased vulnerability of women with HIV. He also noted that NACA worked closely with the Federal Ministries of Justice and Health, the police, the NPS, the Legal Aid Council, among others, in its work. 22
107. In response to the issue of mandatory HIV testing before marriage, as had been reported in Jigawa State, it was noted that this reported case did not prevent the couple in question from getting married, and further was in conformity with Article 14(1)(d) and (e) of the Maputo Protocol on the rights of women to self-protection and to be informed of the partner’s status. Further, in response to a question on the impact of the Same Sex Marriage (Prohibition) Act (2013), Dr. Anoemyah reported that this law had not impeded the programs provided by NACA to this specific group of the population, noting that NACA was mainly concerned with facilitating access to programs on prevention and care. Dr. Anoemyah also noted that the main challenge faced by NACA was funding. 5. Meeting with the National Centre for Women Development (NCWD) 108. The delegation met with the Director General of the National Centre for Women Development (NCWD), Mr. Sadeeg U. Omar. 109. Mr. Omar informed the delegation that NCWD is an agency of Federal Ministry of Women Affairs and Social Development, which was established in 1992 with the mandate to conduct research, training and advocacy on women’s issues. He noted that NCWD was also responsible for hosting the National Gender Data Bank and the National Women Hall of Fame. He gave an example of research conducted by NCWD which compiled all the laws in Nigeria, such as customary, religious and common law, which related to the rights of women and children. 110. Regarding the empowerment of women, Mr. Omar noted that NCWD conducted training programs aimed at developing skills, including tailoring, cosmetology, catering, among others. In this regard, he reported that, as at 2016, over 18,000 women and girls had benefitted from NCWD’s training programs since its inception. 111. Regarding the Gender Data Bank, Mr. Omar noted that NCWD conducted nationwide collection of data, giving the example of recently completed research which was conducted on women’s participation in politics. He observed that the research was not encouraging, as it had indicated that women were not vying for elected positions. He also noted that the research revealed that the Government had met its goal of ensuring 35% of its appointments were given to female candidates. Based on the research conducted, it was noted that NCWD planned to conduct advocacy on the particular issue to raise awareness on the participation of women in politics. 112. Mr. Omar reported that the main challenge facing NCWD was funding to carry out its programs. However, he noted that NCWD was working with partners, such as UNHRC who conducted joint training programs with NCWD for female IDPs from the North East region on self-sustaining skills. 6. Meeting with the Nigeria Extractive Industries Transparency Initiative (NEITI) 113. The delegation met with the Executive Secretary of the Nigeria Extractive Industries Transparency Initiative (NEITI), Mr. Waziri Adio. 23
114. During the meeting, the delegation learnt that Nigeria voluntarily signed up to the global Extractive Industries Transparency Initiative (EITI) in 2003. One of the primary objectives of NEITI, as stated in Section 2 of the NEITI Act (2007), is to ensure that there is due process, transparency and accountability in Nigeria’s oil and gas industries, solid minerals, and others in the extractive industry. Mr. Adio reported that, as part of its work, NEITI conducted regular audits to establish the amount received by the Government from companies in the extractive industry. He further reported that NEITI attended quarterly review meetings with representatives from the Federal and State governments, where reports were provided on the use of revenue received from the extractive industry. He also noted that the Ministry for State Petroleum Resources had developed a roadmap for development of the extractive industries sector in the country. 115. In response to a question on the role of NEITI in developing new legislation or policies for the extractive industry, Mr. Adio reported that NEITI involved in the development of the National Oil and Gas Policy. He also reported that the Peutoleum Industry Bill was awaiting assent by the National Assembly. 116. Regarding the proceeds from the oil and gas sector, Mr. Adio reported that in 2012 the Government received 80% of the revenue from the sector which amounted to 62 billion dollars. However, he also noted that the price of oil had been falling, owing to insecurity in the global market. 7. Meeting with the National University Commission (NUC) 117. The delegation met with the Executive Secretary of the National University Commission (NUC), Mr. Abubaker Adamu Rasheed. 118. During the meeting, the delegation learnt that the NUC was established to regulate university education in Nigeria. The NUC advises the Government on the establishment of new universities, receives and processes applications for new universities and submits its recommendations to the Federal Government. It was reported that, as at November 2016, there were one hundred and fifty-two (152) universities registered and approved by the NUC, forty (40) Federal Government universities, forty-four (44) universities established by the various States and sixtyeight (68) private Universities. 119. The Executive Secretary noted that the NUC was interested in developing University programs on science, technology and mathematics, noting that the Federal Government had a strategic plan to shift emphasis in order to focus on these three key subjects. He further noted that the NUC was working to address the gender disparity of students in engineering programs, which had very low numbers of female students. 120. In response to a question on access for persons with disabilities, the Executive Secretary noted that the NUC had instructed that all University buildings should be accessible for physically challenged students, and further that a scholarship for students with disabilities had been established with assistance from the Federal Government. 24
121. In response to a series of questions, the Executive Secretary noted that the NUC had not received any reported cases of radicalization of students. He further noted that, annually 1.7 million people applied to join the universities in the country, however less than half a million would be admitted into the universities. To address this disparity, it was noted that the NUC had recently issued licenses to 18 new universities. 122. Regarding the financial needs of the universities, the Executive Secretary noted that the NUC received 182 million annually which was disbursed to all 152 universities. However he noted that most universities faced absorption challenges, therefore there was the need to expand the universities in order to accommodate more students. Further, regarding the distribution of universities around the country, the Executive Secretary noted that there was at least one university in each State, however noted that private universities were not well distributed around the country. 8. Meeting with the Legal Aid Council 123. The delegation met with the Director General of the Legal Aid Council (LAC), Mrs. Joy Bob-Manuel. 124. During the meeting, the delegation was informed that the LAC was established following adoption of the Legal Aid Decree No.56 of 1976, and had recently celebrated its 40th anniversary. It was also reported that the LAC provided pro bono legal services to indigents. The Decree which established the LAC gave it jurisdiction on criminal matters, with its core work being obtaining motions to release offenders from prison. Additionally, Section 19 of the Decree granted the LAC the mandate to conduct prison visits. 125. Regarding the situation in the country, the Director General noted that it was hoped that the Administration of Justice Act would address the existing challenges in the criminal justice system. For example, it was noted that when this law became fully operational, video or written proof would be required to ensure that arrested persons had access to a lawyer present during their questioning. Section 18 of the law required LAC to supervise the lawyers who provide pro bono legal services. The LAC also conducted training programs for lawyers, such as recent training conducted on civil law. It was also noted that the LAC faced a funding issue, which affected its delivery of services. 9. Meeting with the Nigerian Bar Association 126. The delegation met with the President of the Nigerian Bar Association (NBA), Abubakar Balarabe Mamoud San. 127. The President of the Association reported that NBA had a membership of 100,000 lawyers in the country, which was the largest in Africa. 128. The delegation learnt that the biggest challenge affecting the legal system in Nigeria was the delay in access to justice. The President of the Association noted that this was the main factor causing overcrowding in prison; however he observed that the 25
passage of the Administration of Criminal Justice Act would soon have a positive impact on the administration of justice in the country. 129. During the meeting, the delegation was informed that the Bar Association was involved in the promotion and protection of human rights through its work, including sponsoring the Human Rights Institute, initiating a Task Force in the North East to ensure access to justice for all victims of the insurgency, undertaking missions to investigate human rights abuses, supporting local initiatives to ensure access to justice, among others. He also noted that the administration of justice in the North East had been affected, for example through the destruction of courts. He noted that the members of the Bar Association were providing pro bono legal services in the area. 130. Regarding the extractive industry, the President of the Association noted that communities in affected areas were taking legal action in response to violations, however the crucial issue was raising the standards of environmental protection in Nigeria. 10. Meeting with the United Nations High Commissioner for Refugees (UNHCR). 131. The delegation met with Mr. Roger Hollo, the Senior Liaison Officer in the United Nations High Commissioner for Refugees (UNHCR) office in Nigeria. 132. During the meeting, the delegation learnt that UNHCR was based in Lagos, with an office in Maiduguri and six (6) offices in the North East. It was noted that UNHRC had established protection monitoring systems in the 6 states where its offices were based. Mr. Hollo reported that UNHCR had also established an access to justice program, in collaboration with the Nigerian Bar Association and Legal Aid Council. This program was developed partly to provide legal services to the men who were in detention without access to legal services, on suspicion of being members of Boko Haram, and also to provide legal services to the affected communities in the North East. 133. Additionally, UNHCR was involved in peace building activities in conjunction with the Institute for Peace and Conflict Resolution, which was established by the Ministry of Foreign Affairs. As part of the support services offered, UNCHR provided psychosocial support to GBV victims, assisted with the provision of shelters for the IDPs, and had conducted training in camp coordination for the military who managed the camps. 134. Mr. Hollo also noted that UNHCR was providing non-food items such as soap, clothing, solar lanterns, among others, whereas United Nations Population Fund (UNFPA) was distributing dignity kits which included contraception and sanitary pads, and further that UNFPA had taken the lead on provision of rape kits and prophylaxis. 135. During the meeting, the delegation was informed about the situation of IDPs in the country. The delegation learnt that, as at November 2016, there were 1.8 million IDPs in six (6) States, with 93% displaced in three (3) states, namely Adamawa, Yobe, and Borno which had the highest number of IDPs in this State alone, totalling 1.3million. 26
Mr. Hollo noted that 82% of IDPs lived in host communities, whereas the rest were living in IDP camps. 136. Mr. Hollo noted that, as established through the Displacement Tracking Matrix, 55% of the IDPs were children, 53.6% were women and 7.2% were above 60 years old. He noted that men under 60 years were not included in the assessment, which could not be accounted for. He proposed that some of the men had been arrested, others had joined Boko Haram; however it was hoped that the access to justice program would provide information on the whereabouts of male IDPs. 137. Regarding the situation in the camps, it was noted that there were restrictions on movement as a result of the on-going incidents of violence, and further that there were reports of GBV, shortages of food and poor sanitation in the camps. In response to a question on reports of malnutrition in the IDP camps, Mr. Hollo noted that the challenge was the inaccessibility of some areas by the humanitarian agencies, as a result of the on-going violence. He further noted that, whereas the World Food Program (WFP) was scaling up its operations, there was a funding shortfall, given that out of the 400 million dollars requested to provide humanitarian assistance, only 187 million dollars had been received. 138. In response to a question on sexual and gender based violence (SGBV), Mr. Hollo reported that UNHCR received allegations that the security agencies were the perpetrators of these violations, in addition to reports that women were having sex with the security forces in exchange for food. It was hoped that the access to justice program would shed more light on these allegations. 139. In response to a question on the availability of schools in the IDP camps, Mr. Hollo reported this was a major challenge in some areas, for example in some camps there was only one school which was managed by soldiers, whereas in other areas the IDPs had inhabited the school facilities. He noted that the Government had initiated a relocation policy to move the IDPs from the schools, while UNICEF was intervening through the provision for safe spaces for schools; however this was still a major challenge. 140. Regarding the situation of refugees in the country, the delegation learnt that the UNHCR Office provided assistance to a small amount refugees in the country, of approximately 1200, mainly from West Africa. In response to a question on the Kampala Convention, Mr. Hollo noted that the Convention was not yet domesticated, however UNCHR was working with the National Assembly to ensure that it was domesticated. 141. It was also reported that the UNHCR office was working with the Federal Government to develop a National Plan on Statelessness. To this end, UNHCR was also conducting a study of statelessness in West Africa, in order to get an idea of the prevalence of this issue. 11. Interactive Session with Civil Society Organizations (CSOs) 27
142. The delegation had a very brief interaction with a number of representatives of CSOs based in Nigeria. 143. During the meeting, the delegation was informed of the level of collaboration between the CSOs and the NHRC, with the CSOs having direct access to the NHRC. 144. Regarding reports of human rights abuses, it was noted that reports had been received of security forces allegedly committing human rights violations. Additionally, it was noted that the Bail process was one of most abused process in country’s justice system. c) PRISON VISIT - Visit to Kuje Prison 145. The delegation visited Kuje Prison, and was received by DCP Akilu Abdullah. Prior to visiting the main prison facility, the delegation was informed that Kuje Prison, located in the Federal Capital Territory, was commissioned in 1989. Initially a small structure was constructed, however the prison had since been expanded. 146. The delegation also learnt that Kuje is a prison for male inmates, currently housing eight hundred and thirty-four (834) inmates, of whom six hundred and five (605) were currently awaiting trial. DCP Abdullah reported that the longest duration of pre-trial detention was between 5 and 6 years. He further noted that the nature of offences of the inmates varied from homicide, armed robbery, to drug offences. The delegation learned that there were approximately ten (10) foreigners in Kuje prison, who were predominantly West African. It was also noted that the prison had 14 prisoners condemned to death, who had been on death row for approximately 2 to 3 years, and a further 12 prisoners serving life sentences. In response to a question, DCP Abdullah noted that Kuje prison did not have the facilities in house to carry out an execution. 147. Regarding the prisons facilities, DCP Abdullah reported that the prison had a Clinic, a catering service which provided the inmates with 3 daily meals and a social welfare unit which received complaints from prisoners. He also reported that no prisoners had complained of ill-treatment. In response to a question, DCP Abdullah noted that Kuje prison had enough prison staff, however there was a need for additional staff to escort the inmates to the Courts. 148. During visit inside the Prison, the delegation visited the following areas: the visiting area; the records office; the welfare office; the dormitory where pre-trial detainees were held; the clinic; classes where inmates enrolled in secondary school programs and the Open University of Nigeria attended classes; and the section where convicted prisoners were held. Additionally, the delegation was informed that the Prison had a church and mosque on its grounds. 149. In response to a question, DCP Abdullah noted that no prisoner at Kuje was under the age of 18 years, and that there were a number of prisoners currently in their old age. In this regard, the delegation was informed that, when prisoners turned 60 years old, they were eligible to apply for amnesty, so that they may be released from prison. 28
150. During the visit to the dormitory where inmates in pre-trial detention were held, the delegation had the opportunity to interact with a number of the prisoners. Through this exchange, one inmate informed the delegation that his case had been on-going for 6 years, another said his trial had been on-going for 11 years, whereas another reported that his trial had been on-going for 12 years. The delegation observed that the pre-trial detainees appeared to be housed in poorer conditions than the convicted detainees. 151. During the visit to the clinic, the delegation learnt that the clinic is staffed with four (4) doctors, including a dentist and an optometrist, and more than twenty (20) nurses. The delegation was informed that there was one (1) TB case and twenty-four (24) HIV cases, ten (10) of whom were pre-trial detainees. It was reported that the inmates were not tested on arrival in the prison, given that testing was conducted on a voluntary basis. PRESS CONFERENCE 152. Lastly, the delegation held a press conference at the office of the Ministry of Justice, which was attended by journalists from both the print and electronic media. A press statement was read, which contained a preliminary assessment of the mission and highlighted some areas of concern and recommendations. VI. OBSERVATIONS AND ANALYSIS 153. This section of the Report provides the general observations and findings of the Promotion Mission based on the information gathered from the meetings and discussions with the different stakeholders, in addition to the Prison visit. 154. The mission lasted for ten (10) days during which the delegation visited various offices within the capital city, Abuja, in addition to Kuje Prison. During the mission, the delegation had the opportunity to meet and interact with a cross-section of relevant stakeholders. 155. However, the delegation was not able to meet with the following Government and other officials, owing to time constraints and cancellations of appointments: The Minister of Mines and Steel Development; The Minister of Niger Delta Affairs; The Chairman of the Senate Committee on Justice and Human Rights; The Inspector General of Police; The National Oil Spill, Detection and Response Agency (NOSDRA); The National Commission for Refugees, Migrants and Internally Displaced Persons; and - The National Environmental Standards and Regulation Agency (NESRA). - 156. Additionally, the delegation was unable to meet with the Attorney General and Federal Minister of Justice at the start of its mission, as is the usual practice of the Commission, and was only able to conduct an exit interview with the Minister on the 29
second last day of the Mission. Furthermore, the delegation was not able to have a meaningful interaction with representatives of CSOs owing to time constraints. 157. Accordingly, whereas the delegation was able to meet with a number of relevant stakeholders, the failure to meet the key representatives stated above necessarily had an effect on the delegation’s findings. 158. This notwithstanding, the delegation is confident that the representatives of Government and other institutions met, gave it a satisfactory indication of the human rights situation in the country, which forms the basis of the following observations. POSITIVE ASPECTS 159. The Commission notes and appreciates the following positive factors in the promotion and protection of human rights in Nigeria: i. Adoption of the Violence Against Persons Prohibition Act (2015), which inter alia, criminalizes harmful traditional practices such as FGM; ii. Adoption of the Administration of Criminal Justice Act (2015), which provides for the administration of a criminal justice system and promotes efficient management of criminal justice institutions; iii. Adoption of the National Human Rights Commission Amendment Act (2011) which guarantees the independence of the NHRC and extends its jurisdiction to that of a quasi-judicial power for investigating and adopting legally binding decisions; iv. The initiative of the Government to establish a Human Rights Fund, through which corporate entities would donate 2% of their annual revenue to the Fund; v. The establishment of a Committee to develop one comprehensive procedure for domestication of all Conventions and Treaties to which Nigeria is signatory; vi. The commitment of the Government to ensure the rescue of the kidnapped Chibok girls; vii. The establishment of the Shi’a Commission of Inquiry to investigate allegations of excessive use of force committed by security forces; viii. The enhanced security efforts of the Government to protect people in the North East of Nigeria from the scourge of Boko Haram attacks; ix. The establishment of the Presidential Committee on the North East Initiative which, inter alia, addresses the needs of IDPs in the region; x. Interventions of various entities including the National Human Rights Commission and the Nigerian Bar Association to ensure that human rights norms are observed by the security agencies undertaking security operations 30
and when dealing with suspected members of the insurgency; xi. The development by the Government of a doctrine to raise awareness on extremism, address counter terrorism issues such as treatment of insurgents, in addition to development of the Army’s rules of engagement for fighting extremism; xii. The establishment of various initiatives to address the situation in the Niger Delta region, including the Ministry for the Niger Delta Affairs and the Niger Delta Development Commission; xiii. Incorporation of the Robben Island Guidelines in the training manuals for prison officers, in addition to the training conducted for prison officers on access to justice and human rights; xiv. The allocation of an increased budget to rehabilitate prisons; xv. The decision granting prisoners the right to vote during elections; xvi. The provision of basic education, skills building courses such as tailoring, and programs on farming and animal husbandry programs to prison inmates, to enable them develop self-sustaining skills; xvii. Establishment of programs and strategies put in place by the Government to address the HIV/AIDs scourge, including the commitment of the Government to ensure the access to treatment for all people living with HIV without discrimination and the provision of free HIV testing to all pregnant women; xviii. The initiatives of the Government to address Gender Based Violence, encourage the participation of women in politics and provide micro-credit services specifically to women; xix. The attainment by Government of its goal to ensure 35% of its appointments are allocated to female candidates; xx. The provision of training programs on self-sustaining skills to female IDPs from the North East region; xxi. The Supreme Court decision which held that women had the same rights to inherit land as men. xxii. The commitment of the Government to address violence against children, by conducting a study on violence committed against children; xxiii. The establishment of scholarships for students with disabilities, in addition to the commitment to ensure that all University buildings are accessible for physically challenged students; xxiv. The establishment of the Hydrocarbon Pollution Remediation Project; 31
xxv. The establishment of the National Oil Spill Detection and Response Agency (NOSDRA), to ensure protection of the environment and develop regulation to deter future violations; xxvi. The establishment of the Ogoniland clean-up and restoration program; xxvii. The efforts initiated to achieve transparency in the extractive industries sector, including through the Nigerian Extractive Industries Transparency Initiative; AREAS OF CONCERN 160. In spite of these positive aspects, the delegation is concerned about a number of challenges, including the following: General i. The failure to ratify the following international instruments: • • • The Optional Protocol to the ICCPR; The Second Optional Protocol to ICCPR, aiming at the abolition of the death penalty; The Optional Protocol to the ICESCR. ii. The failure to make the declaration under Article 34(6) of the African Court Protocol to allow individuals and NGOs direct access to the Court; iii. The delay in domesticating the various Conventions to which Nigeria is a party; iv. The delay in adoption of following bills: • the Bill on Torture; • the Disability Bill; • the Petroleum Industry Bill; • the Gender Equality Bill; • the Bill for the protection of older persons; • the National Health Insurance Bill; and • the Bill establishing the Human Rights Fund. v. The delay in operationalizing the Human Rights Fund; vi. Continued reports of the resurgence of conflict in the Niger Delta Region; vii. Reports of killings following incidents of violence between pastoralists and farmers; viii. Allegations of excessive use of force by security forces; ix. The dire humanitarian situation of populations affected by the conflict in the North East, particularly the challenges relating to the timely delivery of 32
humanitarian support including food, water, health services, in addition to full and coordinated access by humanitarian agencies to vulnerable populations; x. The delay in the completion of the North-East Road; xi. The continuing situation facing the Chibok girls and other abducted civilians; xii. The lack of adequate funding, which affects crucial programs of NEITI, NCWD, NDDC, among others; The death penalty xiii. The continued existence of the death penalty in the statue books; xiv. The lack of certainty on the status of those who remain on death row for years; Prisons xv. Overcrowding in prisons, for example in Port Harcourt prison which has a prison population of 3000, however was only built to accommodate 804 inmates; xvi. Reports that 70% of inmates in the prison system are awaiting trial, with reports of pre-trial detention lasting more than ten years; xvii. The observation of the delegation of the poor living conditions of pre-trial detainees, in comparison to the living conditions of convicted prisoners; Access to and administration of justice xviii. The lack of meaningful progress on the right to a speedy trial for all prisoners currently awaiting trial, in spite of the adoption of the Administration of Justice Act; xix. The large backlog of cases in the judiciary; xx. Non-execution of Bail Orders; xxi. The lack of adequate resourcing of institutions which contribute to the administration of justice, including the NHRC and the Legal Aid Council; Economic, social and cultural rights xxii. The provision in the Constitution on the non-justiciability of socio-economic rights; xxiii. The allocation of only 4.3% of the national budget to health; xxiv. The deficit in the provision of adequate housing to approximately 17 million people; Women and Children xxv. Allegations of sexual and gender based violence (SGBV) against women and girls in IDP camps; 33
xxvi. The practice of FGM in some States, despite criminalization of the practice; Refugees and IDPs xxvii. Reports of severe restrictions on the movement of IDPs in camps under the supervision of the Nigerian army; xxviii. The challenge of ensuring access to safe schools in IDP camps; Older Persons xxix. The delay in the adoption of the draft Social Policy on Ageing; Extractive Industries xxx. Continuing problems related to oil spillage and gas flare-ups; xxxi. The existence of dated policy and regulatory regime governing the extractive industries including weak regulations which do not hold the operation of the oil and gas industry to a high standard. VII. RECOMMENDATIONS 161. The above areas of concern are an indication that Nigeria still faces some challenges in the promotion and protection of human rights in the country. These recommendations are reflective of the fact that, as a State Party to the African Charter and other regional and international human rights instruments, Nigeria has an obligation to respect and implement those instruments. It is on this premise that these recommendations are made, taking into consideration some of the commitments made by various stakeholders during this Mission. 162. In light of the above, the Commission makes the following recommendations to the Government of Nigeria: General i. Ratify the Optional Protocol to the ICCPR, the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the Abolition of the Death Penalty and the Optional Protocol to the ICESCR; ii. Make the declaration under Article 34(6) of the African Court Protocol to allow individuals and NGOs direct access to the Court; iii. Expedite the domestication of the various Conventions to which Nigeria is a party, at both the Federal and State level; iv. Urge Parliament, to expedite the adoption of all pending bills which have a bearing on the promotion and protection of human rights in Nigeria; v. Urgently expedite operationalization of the Human Rights Fund; vi. Take urgent measure to address the resurgence of violence in the Niger Delta 34
Region; vii. Investigate the reports of violence between pastoralists and farmers and ensure prosecution of the perpetrators; viii. Ensure prompt investigation of the allegations of excessive use of force by the security forces, including prosecution of the perpetrators and access to redress for the victims; ix. Take urgent measures to address the humanitarian situation in the North East, including through augmenting the provision of humanitarian assistance to the affected areas; x. Expedite completion of the North-East road; xi. Intensify efforts to locate and rescue the Chibok girls and all other abducted civilians, ensure provision of the necessary support for their reintegration and bring the perpetrators to justice; xii. Ensure the allocation of adequate funding to agencies such as NEITI, NCWD, NDDC, among others; The death penalty xiii. Repeal the provisions in the statute books which provide for the death penalty, in addition to considering a moratorium on the death penalty in the interim; xiv. Ensure continued access of prisoners on death row to ‘prerogative of mercy’ committees at the State level; Prisons xv. Take the necessary measures to address overcrowding in prisons including through expedited investigations and trials of accused persons, in addition to adoption of non-custodial sentencing policies; xvi. Ensure that Judges and other judicial officers take into account the long periods of pre-trial detention when sentencing convicted persons; xvii. Take urgent measures to improve the living conditions of pre-trial detainees in the prisons; Access to and administration of justice xviii. Urgently promote domestication of the Administration of Justice Act at the State level, in order to ensure the right to a speedy trial for all prisoners currently awaiting trial; xix. Put in place the required mechanisms to address the current backlog of cases; xx. Adopt a national policy to ensure the immediate execution of Bail Orders; 35
xxi. Ensure the provision of adequate funds to administration of justice agencies, including the NHRC and the Legal Aid Council; Economic, social and cultural rights xxii. Amend the provision in the Constitution to ensure the justiciability of socioeconomic rights; xxiii. Ensure the allocation of at least 15% of the national budget to health, as committed to by the OAU Heads of State and Government in the Abuja Declaration on HIV/AIDS, Tuberculosis and other Related Infectious Diseases (2001); xxiv. Expedite initiatives to address the deficit in the provision of adequate housing; Women and Children xxv. Urgently investigate the allegations of SGBV committed against women and girls in IDP camps, including ensuring prosecution of the perpetrators and access to justice for the victims; xxvi. Intensify efforts to eradicate the practice of FGM which is still occurring in some States, including through establishment of the Taskforce to monitor and implement Government’s initiatives to eradicate the practice and prosecution of those who commit the practice in violation of the law; Refugees and IDPs xxvii. Address the reports of restrictions on the movement of IDPs in camps under the supervision of the Nigerian army, including through raising awareness on the rights of IDPs; xxviii. Work with the humanitarian agencies to ensure access to safe schools in IDP camps; Older Persons xxix. Expedite the adoption of the draft Social Policy on Ageing; Extractive Industries xxx. Establish mechanisms to address the persisting oil spillage and gas flare-ups; xxxi. Review the current policy and regulatory regime governing the extractive industries, with the view to ensuring that the oil and gas industry are held to a high standard. 36
ANNEX Names of Supreme Court Justices met 1. 2. 3. 4. 5. 6. 7. 8. 9. Hon. Justice Olabode Rhodes-Vivour; Hon. Justice Mary Ukaego Peter-Odili; Hon. Justice Musa Dattijo Muhammad; Hon. Justice Kumai Bayang Akaahs; Hon. Justice Kudirat Motonmori Olatokunbo Kekere-Ekun; Hon. Justice Chima Centus Nweze; Hon. Justice Amiru Sanusi; Hon. Justice Amina Adamu Augie; Hon. Justice Ejembi Eko. Names of CSO Representatives met 1. 2. 3. 4. Okere Scholastica Ngozi, BEAFRO; Michael Adedotun Oke, Michael Adedotun Oke Foundation; Uzoma Aneto, Human Rights Agenda Network; Citizens Advocacy for Social and Economic Rights. 37

Created Jun 16, 2026 · Edited Jun 30, 2026