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Nigeria and the Rule of Law a Study © Copyright, International Commission of Jurists (ICJ), 1996 ISBN 92 9037 093 9 Cover Design and Layout by M

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Nigeria and the Rule of Law a Study © Copyright, International Commission of Jurists (ICJ), 1996 ISBN 92 9037 093 9 Cover Design and Layout by M The International Commiddion of Jurwht (ICJ) permits free reproduction of extracts from any of its publications provided that due acknowledgement is given and a copy of the publication carrying the extract is sent to its headquar­ ters at the following address: International Commufjian of JurLtU (ICJ) P.O.Box 160 26, chemin de Jouiville CH -1216 Comtrin/Geneva Switzerland Telephone : (4122) 788 47 47; Fax : (4122) 788 48 80 Cover photographs by Keystone Press Zurich/S witzerland Cover page photo Soldiers and police patrol the streets of Lagos. Back page photo Anti-riot police patrol the streets of Lagos. ssion tod Nigeria and the Rule of Law A Study © Copyright, International Commission of Jurists (ICJ), 1996 ISBN 92 9037 093 9 Cover Design and Layout by M. Reza Hariri of the ICJ Printed in France, Imprimerie Abrax -Chenove, France Table of Contenty Map ............................................................................................................. 7 Preface ....................................................................................................... 9 Acknowledgmentso ................................................................................... 11 Introduction ............................................................................................. 13 I. Overview of the Current Situation ............................ 13 II. Background ................................................................... 15 III. Nigeria in Regional and International Politics .......... 28 IV. One of the World’s most Ethnically Diverse Societies ......................................................... 29 Conclusions and Recommendations .................................... 33 Compliance with International Standards ..................................... 35 I. The United Nations Human Rights Regime ............ 35 II. The African Charter on Human and Peoples' Rights ...................................................... 38 III. Domestic Implementation of International Human Rights Standards ............. 40 Conclusions and Recommendations ....................................- 46 Administration of Justice .............................l..................................... 47 Conclusions and Recommendations .................................... 78 Judicial System ...................................................................................... 81 Conclusions and Recommendations .................................... 89 Due Process ............................................................................................. 91 Conclusions and Recommendations .................................... 114 Freedom of the Press ............................................................................. 115 Conclusions and Recommendations..................................... 126 Economic, Social and Cultural Rights .............................................. 129 Conclusions and Recommendations .................................... 135 The Response of Civil Society ............................................................. 137 A Summary of Recent Events.............................................................. 141 Appendices Appendix A: .............................................................................................. 147 Chronology of Events ...................................................... 147 Appendix B: .............................................................................................. 151 Part IV of the 1979 Constitution .................................... 151 Appendix C: ............................................................................................. 167 List of Decrees creating Tribunals ................................ 167 Appendix D: ........................................................................................... 169 List of Decrees ousting jurisdiction ...............;.............. 169 Appendix E: .............................................. .............................................. 175 Civil Disturbances (Special Tribunal) Act ................... 175 Appendix F: ............................................................................................. 183 Media Persons arrested ................................................... 183 Appendix G: ................. ........:........................................................... 187 Press Releases of the ICJ ............................'.................. 187 Appendix H: ............................................................................................ 195 Resolutions of the African Commission ........................ 195 Appendix I: .........;.................................................................................. 199 United Nations Resolutions and Observations ........... 199 Federal Republic i f Nigeria Capital: Abuja Area: 925 768 Km2 Population: 102.1 million (Human Development Report 1995, UNDP) Head of state: General Sanni Ahacha Official Language: English National Languages: Hausa, Yoruba, Ibo and other indigenous languages Ethnicities: 51 distinct nation-.) with 250 Ethnui/lingiislu: groups. The 5 largest nations are the Ilausa- Fu.la.fii, the Ibo and the Yoruba. The Kanuri, Tiv, Efik/lbibu)/Annang, I jaw, Edo, Urhobo and the Nape are also larger groups. Religion.): Islam (almost 50%)y Christianity (about 40%), traditional beliefs (almost 10%)) Currency: Naira Nigeria and the Rale of Law - Report of a Study -1985 to 1995 7 Preface As an organisation whose primary interest is in the legal protection of human rights norms around the world, the International Commission of Jurists (ICJ) has been concerned about developments in Nigeria over the past few years, especially as it concerns the lack of respect for human rights and the Rule of Law. The “Law of Lagos" adopted in 1961 states that "the Rule of Law id a dynamic concept which should be employed to safeguard and advance the will of the people and the political rightd of the individual and to edtabliih doc'uil, economic, educational and cultural conditions under which the individual may achieve hid dignity and realise hid legitimate adpirationd in all countried, whether dependent or independent". Between 1993 and 1995, the ICJ issued several press releases, made statements at the United Nations and the African Commission on Human and Peoples’ Rights and made direct representation to the Nigerian government expressing its concerns and calling for a change in the status quo. All these actions seemed to yield no results, while the situation degenerated further. It is in the light of the continuing deterioration in the human rights conditions that the ICJ decided to conduct an in depth study into the Nigerian situation. This study which covers the period 1985 - June 1996 is meant to assist in providing an insight into the root causes of some of the recent events and be a source of information for all those working towards finding a permanent solution to the crisis. The study is written from a legal perspective but describes the way in which laws are applied in practice. The style of writing chosen renders it accessible to the larger public in the hope that it will raise the level of understanding of the reader about the Nigerian situation. In accordance with ICJ practice a copy of the first draft of the report was sent to the Military Government of Nigeria in April 1996 for its comments which would have been published in the report. Nigeria and the Rule of Law - Report of a Study -1985 to 1995 9 Recent steps towards improving the human rights situation taken by the Military government following the report of the United Nations Fact-Finding mission confirm the view that positive changes can be made if the political will to do so exists. Nigeria is one of the few countries in Africa that has a large residue of skilled human resources, particularly in the legal field, it was well known for its strong and highly independent legal and judicial system. This report shows that the present state of affairs within the legal system is a result of direct interference by the Executive. The Rule of Law depends not only on the provision of adequate safeguards against abuse of power by the executive, but also on the existence of effective government capable of maintaining law and order and of ensuring adequate social and economic conditions of life for the society. The ICJ hopes that the recommendations made in the report can contribute towards reinstating the Rule of Law in Nigeria. Adama Dieng Secretary General 10 I titer national Comtniddion of Juris td Acknowledgements The ICJ wishes to express its deep gratitude to all those who have taken part in the preparation of this study. In particular we would like to thank Justice Kayode Jiso, Messrs Roger Chongwe, Micheal Birnbaum, Asue Ighodalo, Clement Nwankwo and Kayode Fayemi for their immense contribution to the study. Our thanks are also due to the human rights and pro-democracy nongovernmental organisations (NGOs) in Nigeria, individual lawyers and scholars in this field who supplied us with a lot of information on the situation in Nigeria, their assistance has been very valuable. We are also greatly indebted to SIDA for their financial support, without which the study could not have been prepared. Finally, sincere thanks go to Andrea Rauber, Valerie Etim, Reza Hariri and Nicolas Bovay for their role in producing this study. While acknowledging its indebtedness to these and many others, the ICJ wishes to make clear that it alone is responsible for the final text. Nigeria and
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