SILENCING INDEPENDENT VOICES

The Abacha regime continues to employ repressive tactics in order to control its perceived opponents. On August 27, 1997, during the first week of Human Rights Watch's mission to Nigeria, agents of the State Security Service arrested Tunji Abayomi, chairman of Human Rights Africa (HRA), apparently in order to abort a reception his organization had planned in honor of Justice Elizabeth Kayissyan Pognon, the President of the Constitutional Court of neighboring Benin Republic. Justice Pognon, the recipient of HRA's Africa Service Award, was prevented from entering the country. Abayomi was detained for four days at Shangisha Prison; since then he has been detained again for several days.84 Also on August 27, security agents disrupted a seminar for labor unions organized by the Bureau of African Labour, Human and Democratic Rights, and arrested John Odion, the group's executive secretary, at the Jabita Intercontinental Hotel, Ikeja, Lagos.85 Three days later, armed security agents prevented the launching of a book entitled Abiola, Democracy and Rule of Law at the Nigerian Union of Journalists Club House in Somolu, Lagos. To make matters worse, some dignitaries and human rights activists were forced to pay bribes before they were permitted to leave the site.86

While a comprehensive account of human rights abuses perpetrated by the Nigerian security forces is beyond the scope of this report, some key examples of the government's efforts to undermine the activities of Nigeria's vibrant civil society warrant mentioning.

Treason Trials

On March 12, 1997, three days before local government elections, the federal government charged sixteen pro-democracy activists with treason in the Chief Magistrate's Court, Ikeja, Lagos.87 The accused were alleged to have been responsible for a series of bomb blasts in Lagos and other parts of Nigeria, which have appeared to target military personnel and institutions. Twelve of the accused, Chief Olu Falae, Dr. Frederick Fasehun, Adegbenga Adebusuyi, Moses Akeke Akinnola, Evangelist Bayo Johnson, Adeyemiwo Femi, Oluyinka Festus Adeboye, Layi Odumade, Olugbenga Odumade, Moshood Yahaya, Musa Okoiyaafan, and Sukere Mohammed, appeared in court on March 12. All these individuals were in detention at the time the treason charges were filed. The other four accused, Nobel laureate Wole Soyinka, nadeco leader Chief Anthony Enahoro, former Chief of Army Staff Lt. Gen. Alani Akinrinade, and Dr. Amos Akingba, a businessman, who are living in exile, were charged in absentia.88 If convicted, the accused could be sentenced to death.

Prior to the arraignment of the accused, the government tried, but failed, to produce evidence against a number of them. For example, Chief Olu Falae, a nadeco member who served as Minister of Finance under General Babangida, was arrested on December 16, 1996, and questioned about bomb blasts. The name "Falaye," which sounds like his, was supposedly found in the diary of one of the victims of a bomb blast in November 1996. He was released, but re-arrested on January 9, 1997, following a subsequent bomb blast. Dr. Frederick Fasehun, who was arrested by State Security Service operatives on December 18, 1996, was never interrogated about bomb blasts, but rather about his involvement in the activities of the Civil Liberties Organisation, the Campaign for Democracy, the Committee for the Defence of Human Rights and the National Democratic Coalition.89 Moshood Yahaya, Musa Okoiyaafan and Sukere Mohammed had been previously detained following an explosion at the Kwara State Stadium on May 31, 1995. They were released, but subsequently rearrested and detained, notwithstanding a legal opinion from M.A. Akoja, the acting director of public prosecutions, confirming that there was no evidence against them.90

On application for bail on behalf of the accused, Chief Magistrate Mrs. E.A. Lufadeju held that bail was inapplicable in a case involving a capital offence and that, in any case, she lacked jurisdiction over such a "holding charge." She therefore denied the application for bail.91 Nevertheless, she adjourned the case until May 9 "for reports" from the Director of Public Prosecutions (dpp) and remanded the accused in custody. To date, the dpp has not issued a report, and the case has been repeatedly adjourned. The most recent adjournment took place at a hearing on August 29, 1997, when defense lawyers Chief Gani Fawehinmi, Femi Falana and Abraham Adesanya appeared only to learn that the presiding magistrate had gone on leave and would not return until late September 1997.

Defense lawyer Olisa Agbakoba subsequently filed a petition with the Lagos Federal High Court requesting the release of defendant Evangelist Bayo Johnson. The main argument presented to the court was that the Chief Magistrate improperly remanded the accused in custody given that she had no jurisdiction over the case. Agbakoba contended further that Section 236(3) of the Lagos Criminal Procedure Code, which authorizes magistrates to remand persons arrested for indictable offences only before they have been charged, was inapplicable in this case. Finally, he pointed out that a "holding charge" is unconstitutional because it violates the constitutional right of the accused to liberty.92 The court denied the petition on the ground that, notwithstanding the issuance of a charge sheet, the proceeding before the chief magistrate did not constitute an arraignment. An appeal is currently pending in the Lagos Court of Appeal. Meanwhile, the bomb blasts continue.93

Detention of Human Rights and Pro-Democracy Activists and Opposition Members

In an interview published in early January 1997, Nigerian Minister of Information Dr. Walter Ofonagoro denied the existence of any "organized opposition" in Nigeria. He explained further that "some characters calling themselves pro-democracy groups ... have been sponsored by the Western world to make noise here and cause trouble, but they are being ignored because they only have nuisance value. There is no opposition; every Nigerian is with us. This is the achievement of Abacha's administration."94

Despite Dr. Ofonagoro's statement, internal opposition to the military regime has continued, although government efforts to silence criticism has intensified. A significant number of the most outspoken human rights and pro-democracy activists have been detained, often without charge or trial.95

These include Chief Gani Fawehinmi, head of the National Conscience Party (detained from January 1996 to November 1996); Femi Aborisade, National Conscience Party secretary and Femi Falana, chairman of the Committee for the Defense of Human Rights (both detained from February 1996 to November 1996); Tunji Abayomi, chairman of Human Rights Africa and Abdul Oroh, executive director of Civil Liberties Organisation (clo) (both detained from July 1995 to June 1996); Chima Ubani, a clo employee and secretary-general of the opposition group Democratic Alternative (detained from July 1995 to October 1996); and National Democratic Coalition (nadeco) members Ayo Opadokun, (detained from October 1994 to October 1996), Otunba Solanke Onasanya (detained for two weeks in June 1996) and Abraham Adesanya, Chief Ayo Adebanjo and Alhaji Ganiyu Dawodu (all detained from June to October 1996).

The following individuals remain in detention: Chief M.K.O. Abiola (arrested June 23, 1994, after he declared himself president and winner of the June 12, 1993 election); Chief Frank Kokori, secretary-general of the National Union of Petroleum and Natural Gas Workers (nupeng) (arrested August 20, 1994); Chief Milton Dabibi, former secretary-general of the Petroleum and Natural Gas Senior Staff Association of Nigeria (pengassan) (arrested 1995); Chief Otunba Olabiyi Durojaiye, a nadeco leader (arrested December 3, 1996); and Halima Asuku, a former mistress of General Abacha who has reportedly been detained since she sent a message to the Head of State advising against the Provisional Ruling Council's ratification of the death sentence imposed on Ken Saro-Wiwa and eight other Ogoni activists (arrested November 1995). Polycarp Nwite, a former senator and nadeco supporter, was arrested on August 6, 1997 and has reportedly remained in detention since then.

In Ogoni, Rivers State, the home of executed minority rights activist Ken Saro-Wiwa where repression remains especially severe, a number of suspected supporters or leaders of Saro-Wiwa's Movement for the Survival of the Ogoni People (mosop) are also held. These include twenty people held since 1995 and charged but not yet brought to trial in connection with the same facts as those for which Ken Saro-Wiwa and his co-accused were executed. A number of individuals have been detained more recently, including Baridi Kpalap, campaigns director of the Niger Delta Human and Environmental Rescue Organization (ND-hero), and Monday Goi Aadum, a suspected mosop activist (both held since October 1996). Many others have been detained for shorter periods. In northern Nigeria, supporters of Muslim groups that have opposed the government, including well-known Shiite leader Sheikh Ibrahim El Zak-zaky, have been arrested and detained. El Zak-zaky, with others, was charged in July 1997 with inciting public disaffection against the federal government, after being held without trial since September 1996.

Those convicted by a special military tribunal of involvement in an alleged coup plot in March 1995 remain in prison.96 In addition to the journalists listed below, they include Dr. Beko Ransome-Kuti, chairman of Campaign for Democracy (arrested July 27, 1995); Shehu Sani, vice-chairman of Campaign for Democracy (arrested October 18, 1994); Gen. Olusegun Obasanjo, a former Head of State (arrested March 19, 1995); Maj. Gen. Shehu Musa Yar'Adua, General Obasanjo's former deputy (arrested March 19, 1995); Maj. Akinloye Akinyemi (arrested January 26, 1995); Col. Lawan Gwadabe (arrested March 1, 1995); Col. Bello Fadile (arrested March 1, 1995); Officer O. Oloruntoba (arrested March 1, 1995); and Col. Ndubueze (arrested March 1, 1995).97

In some cases where security forces have been unable to locate perceived opposition figures, they have targeted family members of these individuals. In December 1996, for example, security agents detained relatives and staff of retired general Alani Akinrinade, who is currently living in exile. (Several of these then became co-accused in the treason trial against General Akinrinade, Wole Soyinka and others.) In March 1997, Ladi Olorunyomi, wife of exiled journalist Dapo Olorunyomi, was arrested and detained for forty-six days at the Directorate of Military Intelligence.98 Sabina Solayide Iluyomade and Folake Folasade Iluyomade, the wife and daughter of exiled nadeco supporter Lt.-Col. Raphael Iluyomade, were detained from February to June 1997.

Meetings arranged by human rights and pro-democracy groups to discuss the situation in Nigeria or even for nonpolitical purposes are frequently halted by the security forces. During September 1997, for example, a farewell party arranged by human rights groups in Lagos for outgoing U.S. Ambassador Walter Carrington was broken up by troops and riot police; opposition supporters were prevented from holding a birthday party for detained pro-democracy activist Frederick Fasehun; a seminar to be held in Lagos by the Movement for Social and Economic Justice was disrupted; and human rights lawyer Tunji Abayomi and seventy others were arrested at a conference on democracy organized in Jos by Human Rights Africa. Abayomi and four others were detained for ten days and charged with unlawful gathering and possession of seditious materials.

Constraints on Press Freedom

Restrictions on media freedom are among the most serious impediments to a genuine transition to democracy. Print and broadcast journalists, editors and publishers have a key role to play in disseminating information regarding political parties, candidates, platforms, registration and voting procedures. The presentation of various political viewpoints fosters a free exchange of ideas about the transition process. Impartial monitoring and reporting regarding the conduct of elections serves to promote accountability on the part of government and electoral officials. Unfortunately, the Abacha regime seems more interested in narrowing the spectrum of public debate by maintaining an elaborate framework of media decrees from the Babangida days.

A number of media decrees relate specifically to the transition program. For example, the Offensive Publications (Proscription) Decree No. 35 of 1993 provides for the proscription, seizure and confiscation of any publication likely to "disrupt the process of democracy and peaceful transition to civil rule, having regard to its contents; or hinder or prevent the progress and process of the grassroot [sic] democracy as established by the transition to civil rule programme; or disturb the peace and public order of Nigeria." Decree No. 35 also circumscribes the jurisdiction of courts to prevent them from addressing alleged violations of fundamental rights as a result of banning orders. The government imposes onerous registration requirements on newspapers and broadcasting establishments under the Newspapers Decree No. 43 of 1993 and the Nigerian Press Council Decree No. 85 of 1992.99 Additionally, a government-appointed National Broadcasting Commission, with authority to advise the government on the issuance of radio and television licenses, was established under Decree No. 38 of 1992. Where an applicant fails to persuade the Commission that it seeks "to promote national interest, unity and cohesion," the Commission may deny or revoke its license. The vagueness of this standard creates the potential for arbitrary revocations on political grounds.100

The draft constitution of 1995 would impose further restraints on media freedom. Most notably, section 46 of Part 1 of the third schedule would establish a National Mass Media Commission intended, among other things, to "regulate the existence of newspapers, magazines and publications generally, as well as radio and television stations in the country;" "to protect individuals against media harassment and intimidation;" and "to protect Nigerians against intrusions and unwarranted enquiries into the private life of any person without his consent." Another threatto media freedom is the proposed establishment of a special "press court" to try journalists accused of "false reporting."101 The government has also made repeated efforts to interfere in elections of national and local executives of the Nigerian Union of Journalists.102

The Abacha regime has relied on these and other laws to justify harassment, arbitrary detention and prolonged detention of journalists, editors and publishers who are perceived as opponents of the government. Chris Anyanwu, editor-in-chief and publisher of TSM (The Sunday Magazine); Kunle Ajibade, editor, The News; Mr. George Mbah, assistant editor, Tell; and Mr. Ben Charles-Obi, editor, Classique, were arrested, secretly tried and convicted by a special military tribunal for being "accessories after the fact to treason" after they published articles questioning the authenticity of the alleged coup plot of March 1995. They have been detained since mid-1995 and are currently serving fifteen-year sentences; all are in very poor health, and Anyanwu is reportedly in danger of losing her eyesight. Moshood Fayemiwo, publisher of Razor magazine, was allegedly abducted by Nigerian agents in Cotonou, Benin Republic in February 1997, and has since been held in Apapa military camp in Lagos.103 Godwin Agboroko, editor-in-chief of The Week magazine, was arrested on December 18, 1996 after he published an article entitled "Conspiracy: Aso Rock on the Boil-Axe Dangles Over Army Chief." He was detained at the Directorate of Military Intelligence for over five months.104

Numerous other journalists have been detained, beaten and otherwise harassed after writing stories deemed overly critical of the government. During September 1997 alone the following cases were reported: two journalists were detained for five days in Rivers State for publication of a story on confiscation of materials relating to Ken Saro-Wiwa and the Movement for the Survival of the Ogoni People (mosop);105 the head of the Imo State chapter of the Nigerian Union of Journalists was beaten when she visited the state government house on official business; the administrative officer of the publishers of The News magazine was arrested following a cover story titled "Panic over Abacha's illness"; and the librarian of Fame magazine was arrested by security operatives looking for the editor and detained for five days. He later died from an illness apparently contracted during his detention. Since September 8, 1997, when Tell magazine published an article alleging that General Abacha suffers from cirrhosis of the liver, security agents have pursued Nosa Igiebor, the editor-in-chief of Tell, searching his house and briefly detaining his wife, Arit Igiebor.106

The Kaduna Labor Crisis

The state administration's handling of a labor dispute with civil servants in Kaduna provides just one example of the way in which the military government has attempted to silence protest, even that not directly related to calls for democratization. In June 1997, civil servants in Kaduna were dismissed en masse after they went onstrike to protest military administrator Lt. Col. Hameed Ibrahim Ali's refusal to provide workers with the full amount of rent and transport entitlements.107 Ten union leaders were charged with criminal intimidation and other offenses.

Following an announcement by General Abacha in February 1994 that rent and transport entitlements for civil servants throughout the country were to be increased by 100 percent, the Kaduna State Public Service Negotiating Councils entered an agreement with the Kaduna State government, which at that time was headed by Col. Ja'afaru Isa. The agreement provided that workers would receive a fifty percent increase in their entitlements until the government's revenue base improved, at which time they would be reimbursed for the balance of their entitlements. In August 1996, the Public Service Negotiating Councils wrote to Lieutenant-Colonel Ali pointing out that state government revenues had increased since the earlier agreement and reminding him about the balance of payments owed to the workers.108 The Public Service Negotiating Councils sent four subsequent letters inviting the military administrator to initiate discussions with civil servants regarding their grievances. Although negotiations were attempted, they ultimately broke down because neither side consented to the other side's choice of negotiators, and because the Kaduna state government representatives adamantly insisted that the payment of additional entitlements would lead to retrenchment.109 On May 19, 1997, the Public Service Negotiating Councils gave Lieutenant-Colonel Ali a twenty-one day period within which to meet their demands.110 When the military administrator failed to respond, some 26,000 civil servants in Kaduna State went on strike. As a result, all state hospitals, ministries, schools, courts, local government services and parastatals were closed.111

In response to the strike, military administrator Lieutenant Colonel Ali arrested and detained ten labor union leaders and issued a directive threatening that civil servants would be dismissed if they failed to return to work by June 30, 1997; this deadline was later extended for ten days. When only seven thousand workers ultimately complied with his directive, Lieutenant-Colonel Ali summarily dismissed the remaining workers, under Decree No. 17 of 1984, which also ousts the jurisdiction of the regular courts and suspends the fundamental rights provisions of the Constitution.112 Despite three major demonstrations-one by wives of workers protesting the non-payment of theirhusbands' salaries and two by secondary school students protesting the non-payment of their teachers' salaries-and a temporary suspension of the strike from July 11 to July 21, 1997, the Kaduna State government has not addressed the workers' grievances.113 Rather, the police have used tear gas to disperse the demonstrators. Following the most recent student demonstration on August 25, the Kaduna police commissioner announced that any further demonstrations would prompt arrests of students and their parents.114 As of this writing, the workers had not yet been reinstated.115

A delegation of the Kaduna branch of the Nigerian Bar Association (nba) is in the process of challenging the dismissals. The crux of the nba's argument is that the Kaduna State government cannot opt out of the agreement signed in February 1995 by its predecessors. The nba contends further that, notwithstanding Decree No. 17, summarily dismissing public workers en masse constitutes a violation of Articles 7 and 15 of the African Charter on Human and People's Rights, which guarantee, respectively, the right to have one's cause heard and the right to work under equitable and satisfactory conditions.116

On July 4, 1997, apparently in response to mounting pressure from the nba, the Kaduna State government finally arraigned the ten labor union leaders who had been detained without charge since June 16, 1997. They are: Abdulkarim Ibrahim, chairman of the Public Service Negotiating Council; Jimmy Adamu Alhassan, secretary of the Public Service Negotiating Council; Ubale Ahmadu, chairman of the Kaduna State branch of the Nigeria Labour Congress; Ankim Abah Dawah, Patricia Umaru, Bridget Maigari, Danjuma Yohanna, Isah Abdullahi, Umaru Kajuru and Andrew Kantiyok. These leaders, who were reportedly charged with criminal intimidation, criminal conspiracy, theft, unlawful lockout, wrongful restraint, unlawful picketing, mischief and inciting public disturbances in violation of the Trade Dispute Acts of 1980 and 1990, were released on bail by a Kaduna Chief Magistrate's Court.117 Meanwhile, the police have sent the case files to the Kaduna State Ministry of Justice "for advice." The nba has agreed to provide free legal assistance to the union leaders for as long as necessary.118 It was reported that they had been rearrested on October 9, 1997.

[I]t would appear that the practice of preferring a holding charge against an accused person pending the completion of investigation by the police has no place under Section 32(4) of the Constitution: for the preferment of a charge against any person for a criminal offence within the provisions of Section 32 and 33 of the Constitution postulates that the Police or the law enforcement agent has obtained sufficient evidence that would support a prima facie case against the accused for the offence for which he stands charged.

(a) it is necessary to do so in order to facilitate improvements in the organisation of the department or service to which a public service officer belongs; or

(b) by reason of age or ill health or due to any other cause a public officer has been inefficient in the performance of his duties; or

(c) the public officer has been engaged in corrupt practices or has in any way corruptly enriched himself or any other person; or

(d) the general conduct of a public officer in relation to the performance of his duties has been such that his further or continued employment in the relevant service would not be in the public interest ...."

Layoffs of government employees in other parts of Nigeria, which have generally been attributed to "restructuring," have also occurred during Abacha's tenure. In 1996, 25,208 federal civil service employees reportedly lost their jobs. At the state level, Kogi State administrator Colonel Paul Omerua is said to have dismissed some 8,800 workers (about forty percent of the state work force) in August 1996, while Edo State administrator Group Captain Baba Adamu Iyam reportedly sacked some 8,000 workers. Meanwhile, Akure local government in Ondo State supposedly sacked 1,645 non-indigenous local council employees. Constitutional Rights Project, Human Rights Practices in Nigeria, pp. 77-81.