NIGERIA

CASE N° NIG/42 - Amadi Okorafor CASE N° NIG/43 - Rev. Mac Nwulu CASE N° NIG/44 - Polycap Nwite CASE N° NIG/45 - Abu Ibrahim

CASE N° NIG/46 - Bola Ahmed Tinubu CASE N° NIG/47 - Olawale Oshun CASE N° NIG/48 - O. J. Adewunmi

Resolution adopted without a vote by the Inter-Parliamentary Council
at its 164th session (Brussels, 16 April 1999)

The Inter-Parliamentary Council,

Referring to the outline of the case, as contained in the report of the Committee on the Human Rights of Parliamentarians (CL/164/13(b)-R.1), and to the resolution adopted at its 163rd session (September 1998) concerning the case of the above-mentioned members of the Parliament of Nigeria dissolved in 1993,

Taking account of the information supplied by the National Human Rights Commission of Nigeria dated 25 August 1998 and received on 25 November 1998,

Also taking account of the information supplied by one of the sources on 19 October 1998 and on 12 February and 1 April 1999,

Recalling that following the death of former Head of State, General Sani Abacha, on 8 June 1998, the new military government headed by General Abdulsalam Abubakar has embarked on a new " transition to civil rule process ", that elections have been held and that a civilian government is due to take over on 29 May 1999,

Considering that, according to information provided by one of the sources, all former Members of Parliament concerned, with the exception of Mr. Adewunmi, have regained their freedom, including that of expression and movement and are no longer under threat,

Considering that Mr. Bola Ahmed Tinubu returned to Nigeria in September 1998 and was elected Governor of Lagos State in January 1999,

Recalling that Senator Adewunmi has been in detention in Okoyi Prison for almost two years without charge; that he was ill when arrested and that his health has reportedly worsened owing to the lack of any medical facilities in prison; considering that, according to the National Human Rights Commission, he is detained under the provisions of the " Failed Banks (Recovery of Debts) and Financial Malpractices in Banks Decree " N° 18 of 1994,

Considering that, in its letter of 25 August 1998, the National Human Rights Commission stated that its Governing Council had requested the police, the detaining authority and the Attorney General of Nigeria to ensure his speedy trial in a competent court of jurisdiction,

Considering that, according to one of the sources, the Minister of Justice said that Decree N°18 of 1994 would be amended to allow release on bail,

1. Welcomes the process under way in Nigeria for the restoration of democracy, the rule of law and respect for human rights, which has brought about a positive change in the situation of the former MPs concerned except in that of Mr. Adewunmi, who is still in prison;
2. Thanks the National Human Rights Commission for the information it supplied and the steps it has taken to ensure that Mr. Adewunmi is tried without any further delay by a competent court; trusts that its efforts will be successful and that Mr. Adewunmi will be either rapidly tried or released immediately; and recalls in this connection that under the international human rights norms to which Nigeria has subscribed anyone arrested or detained is entitled to trial within a reasonable time or to release;
3. Notes the election of Mr. Tinubu to the post of Governor of Lagos State, which clearly demonstrates that he has fully recovered his civil and political rights, and is gratified to learn that Mr. Okorafor, Rev. Mac Nwulu, Mr. Ibrahim and Mr. Nwite have regained their freedom of expression and movement and that Mr. Oshun may return to his country without any fear for his safety;
4. Decides consequently to close their cases;
5. Requests the Secretary General to convey this decision to the competent authorities and the National Human Rights Commission, requesting them to inform him of Mr. Adewunmi's situation;
6. Requests the Committee on the Human Rights of Parliamentarians to continue examining the case of Mr. Adewunmi and report to it at its next session (October 1999).

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