NIGERIA

CASE N° NIG/41 - AMEH EBUTE CASE N° NIG/45 - ABU IBRAHIM CASE N° NIG/42 - AMADI OKORAFOR CASE N° NIG/46 - BOLA AHMED TINUBU

CASE N° NIG/43 - REV. MAC NWULU CASE N° NIG/47 - OLAWALE OSHUN CASE N° NIG/44 - POLYCAP NWITE

Resolution adopted without a vote by the Inter-Parliamentary Council at its 158th session
(Istanbul, 20 April 1996)

The Inter-Parliamentary Council,

Referring to the outline of the case, as contained in the report of the Committee on the Human Rights Parliamentarians (CL/158/13(a)-R.1), and to the resolution adopted at its 157th session (October 1995), on the case of the above-named Senators of Nigeria,

Taking into account the fact that the Permanent Representative of Nigeria to the United Nations Office at Geneva visited the Secretary General on 23 February 1996 and provided him with information and observations of a very general nature,

Taking into consideration the communications from the source received on 17 January and 9 April 1996,

Recalling that Mr. Ameh Ebute, President of the dissolved Senate, and Senators Okorafor, Nwulu, Nwite, Ibrahim and Tinubu were arrested in June 1994 and subsequently charged with conspiracy and treasonable felony, a crime carrying a penalty of life imprisonment, for having reconvened the dissolved Senate and declared General Abacha's régime unlawful; that by order of the Federal Court of Appeal they were released on bail on 22 July 1994; that their trial, originally adjourned until March 1995, was consistently re-adjourned,

Recalling also that, according to the source, the passports of the Senators were impounded, they were ordered to report weekly to police headquarters and domestic travel restrictions were placed on them; that they and their families were subjected to harassment and forced underground; that Senator Tinubu even had to go into exile for fear of his life,

Recalling further that Senator Tinubu is reportedly wanted for conspiracy, sabotage and attempted bombing of an oil facility, a charge he categorically denies,

Considering that, according to the source, the trial against all the Senators except Senator Tinubu was abandoned in November 1995 by the judge, who ruled that there was a lack of evidence and interest from the Government; that, however, the Government reportedly issued a public warning to the Senators not to criticize the Government; that the charges against Senator Tinubu (treasonable felony and sabotage of oil production facilities) have not been dropped, and that he is still wanted,

Recalling that Mr. Olawale Oshun, a member of the dissolved House of Representatives and Secretary of the National Democratic Coalition, was arrested on 19 May 1995 without charge and held incommunicado,

Considering that, according to the information provided by the Permanent Representative of Nigeria to the United Nations Office at Geneva on 23 February 1996, Mr. Oshun has been released,

Considering that on 9 April 1996 the source confirmed this information, adding that the Senators concerned were no longer underground; that, however, they have been warned against pursuing any political activity and in particular against criticizing the Government,

Bearing in mind that the Nigerian authorities contacted by the Committee and Council have neither replied to these bodies' repeated requests for information nor provided the documents requested,

1. Thanks the Permanent Representative of Nigeria to the United Nations Office at Geneva for his co-operation; regrets, however, that the Nigerian authorities from whom information and documentary material were sought have never responded to those requests;

2. Emphasizes in this respect yet again that the Committee's Procedure is based on the principle of dialogue and international co-operation, thus enabling it independently and impartially to cross-check the allegations submitted to it;

3. Notes that the judicial proceedings against Senators Ebute, Okorafor, Nwulu, Nwite and Ibrahim were dropped in November 1995;

4. Expresses concern at the allegation that they were warned against criticizing the Government, and recalls in this respect that Nigeria, as a party to the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples' Rights, is bound to respect the right to freedom of expression as guaranteed in those instruments;

5. Wishes to ascertain whether their passports are still impounded;

6. Also wishes to ascertain:

(i) Why the charges of treasonable felony pending against Senator Tinubu have not been dropped;

(ii) The specific acts held against him regarding alleged sabotage of oil production facilities;

7. Reiterates its wish to obtain a copy of the relevant indictment, if any;

8. Expresses satisfaction that Mr. Olawale Oshun has been released, and wishes to receive documentary confirmation thereof;

9. Nevertheless remains concerned at the allegation that he had been arrested without any charges being brought against him, and at his incommunicado detention;

10. Reiterates its wish to ascertain the grounds for his arrest and detention;

11. Emphatically recalls that Nigeria, as a party to the International Covenant on Civil and Political Rights and to the African Charter on Human and Peoples' Rights, has a duty to respect and protect the rights guaranteed therein; and that these rights include the right of anyone who has been the victim of unlawful arrest or detention to mandatory compensation;

12. Requests the Secretary General to invite the Nigerian authorities once again to supply the desired information;

13. Requests the Committee on the Human Rights of Parliamentarians to continue examining this case and to report to it at its next session (September 1996).