At the same time that the institutions responsible for overseeing the transition program were established, the government created a national Human Rights Commission, by Decree No. 22 of 1995. The Commission is mandated to "deal with all matters relating to the protection of human rights as guaranteed by the Constitution of the FederalRepublic of Nigeria 1979, as amended, the African Charter on Human and Peoples' Rights, the United Nations Charter and the Universal Declaration on Human Rights and other International Treaties on human rights to which Nigeria is a signatory"; "monitor and investigate all alleged cases of human rights violation in Nigeria and make appropriate recommendations to the Federal Military Government for the prosecution and such other actions as it may deem expedient in each circumstance;" and "assist victims of human rights violation and seek appropriate redress and remedies on their behalf."128 The sixteen members of the Governing Council of the Commission, responsible for the discharge of its functions, include officials of the Ministries of Justice, Internal Affairs, and Foreign Affairs, journalists and lawyers. The Commission is chaired by Justice P.K. Nwokedi, a retired justice of the Supreme Court of Nigeria. Although the Commission is not formally part of the transition program, its ability to carry out its mandate bears directly on the potential for restoring the rule of law in Nigeria.
The Commission is not fully independent. Commission members are appointed by the head of state, on the recommendation of the attorney-general of the Federation, and can be removed from office by the head of state "if he is satisfied that it is not in the interest of the public that the member should remain in office."129 This amorphous standard could give rise to arbitrary removals of Commission members whom the government perceives to be overly critical.130 The Commission has made clear that it does not regard questions relating to transition program and the right of Nigerians to chose their own government as within its jurisdiction, although it has held meetings with military administrators of most states in Nigeria to discuss its work.131 At seminars held by the Commission or to which it has been invited, Nwokedi and others have issued statements critical of human rights abuses, including the practice of taking family members "hostage" to force suspects to report to the police and the fact that suspects can spend years in prison awaiting trial.132 In other fora, however, Nwokedi has defended the Nigerian government, stating that "western nations criticize Nigeria's human rights record because they are fed false information by the country's detractors."133
Since the Commission was inaugurated on June 17, 1996, at least one hundred petitions have been submitted. Due to the government's delay in providing funds, the Commission was unable to begin work until November 1996. Furthermore, again due partly to a shortage of personnel and equipment, the Commission's progress in processing complaints has been slow.134 In cases where the Commission's complaints committee, which meets on a monthly basis in different areas of the country, decides that the Commission has jurisdiction, the petition is forwarded to the Governing Council. If the Council decides to accept the case, a written request for information is sent to the alleged perpetrator(s) of human rights violations. If the Commission does not receive a response to its request within a month, a "reminder" notice is sent. If necessary, a second reminder notice may be sent the following month. Once a response is received, the Commission may request clarification before beginning to formulate recommendations. The Commission claims to have requested information regarding the conviction of Campaign for Democracy Chairman Beko Ransome-Kuti by a special military tribunal and the detention of Alhaji Ibrahim Dasuki, the former sultan of Sokoto, among other cases.135 Some matters pending before the Commission have been resolved in the course of this process, although it is not clear that all such "successes" can be attributed to the Commission's intervention.
To date, the Commission has been reluctant to accept jurisdiction over cases that are under consideration by the courts, although Decree No. 22 does not bar the Commission from intervening in such matters. The Commission has also declined jurisdiction over the cases of individuals detained for "security reasons" under the notorious State Security (Detention of Persons) Decree No. 2 of 1984. A complaint filed in June 1997 by the Constitutional Rights Project regarding the prolonged detention without trial of Chief M.K.O. Abiola and fifty-nine others, including human rights and pro-democracy activists, union leaders and journalists, will offer the Commission an opportunity to reconsider these policies. In addition, the promulgation of rules of procedure, which are still in the process of being drafted, should enable the Commission to address such procedural issues more systematically. Although records of Commission proceedings are not made public, an annual report of the Commission's work is supposed to be issued by the Commission's Secretariat by late 1997.136
128 National Human Rights Commission Decree No. 22 of 1995, section 5(a), (b) and (c). 129 Decree No. 22, sections 2(3)(b), 4(2). 130 To the Commission's credit, however, its members reportedly rejected an effort by the government to second staff, insisting that any staff who circumvented an independent recruitment process would be fired. 131 Human Rights Watch/Africa interview, Lagos, July 25, 1997. 132 "Nigerian rights commission accuses security forces," Reuters, September 17, 1997. 133 "Nigerian Human Rights Commission head defends government record," text of Radio Nigeria Kaduna broadcast, January 21, 1997, as reported in swb AL/2824 A/7, January 23, 1997. 134 The countless stacks of completed application forms in the Commission's Abuja headquarters at the time of Human Rights Watch's visit suggest that the Commission is in the process of recruiting additional personnel. 135 Human Rights Watch/Africa interview, Commission member, Lagos, August 26, 1997. Ransome-Kuti has been held in solitary confinement in Katsina prison since late 1995, when a special military tribunal convicted him of treason and sentenced him to life imprisonment; his sentence has since been reduced to fifteen years. Only his daughter Nike, who filed the petition to the Commission, is permitted to visit him. Alhaji Dasuki has been detained since April 1996 when he was deposed as sultan of Sokoto, and is reportedly held under house arrest in Zing, Taraba State. He was charged with financial irregularities before the Failed Banks Tribunal, but appears to be held for political reasons. His son, Col. Sambo Dasuki, currently in exile, was allegedly involved in the coup plot of March 1995. Human Rights Watch/Africa interviews, Lagos, August 26 and 29, 1997; Osa Director, "Dasuki's Case," Tell (Lagos), May 19, 1997. 136 Human Rights Watch/Africa interview, Lagos, August 26, 1997.