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I. Introduction

Significant improvements in freedom of expression and civil liberties were among the immediate gains of Nigeria’s transition to civilian rule in 1999. Although little has changed with respect to persistent corruption, violence and poverty, it is generally assumed that Nigerians are at least able to express themselves freely in the context of Nigeria’s new political environment. However, the impression given to the outside world is misleading, as the basic right to freedom of expression is still not guaranteed.

This report documents a number of cases of violations of the right to freedom of expression in Nigeria since the second half of 2002, in which real or perceived critics and opponents of the government have been arrested, detained, ill-treated, and subjected to other forms of harassment and intimidation. Brutal measures have been used to repress peaceful expression. In extreme cases, the government’s reaction to dissent or protest has resulted in extrajudicial killings. Most of these violations have been carried out by members of the Nigerian police force, in some cases on the direct instructions of senior officials; in other cases, the perpetrators have been members of the intelligence services known as the State Security Service (SSS). The victims have included journalists, human rights activists, supporters of opposition political parties, other political activists, peaceful demonstrators, and innocent passers-by who were the victims of indiscriminate police operations. The vast majority of cases, affecting ordinary men and women across Nigeria, are not even reported and may never reach human rights organizations or the media.

The cases described in this report are not exhaustive and are just a sample of a broader pattern of violations of the right to freedom of expression in Nigeria. Human Rights Watch is concerned at what would appear to be a proliferation of such incidents in 2002 and 2003. While activists and critics of the government have always faced a measure of harassment in Nigeria, even after the end of military rule in 1999, there are indications that the civilian government’s intolerance of criticism may have increased, particularly in the run-up to the 2003 elections. However, not all the incidents reported to Human Rights Watch are directly related to the elections, and several have taken place since the elections.1

Before President Obasanjo’s government came to power in 1999, Nigerians had experienced decades of systematic human rights violations under successive military governments. The period of military rule from 1966 to 1999—interrupted by only a brief spell of civilian rule from 1979 to 1983—was characterized by the ruthless suppression of dissent. Human rights and pro-democracy activists, as well as journalists and others, were routinely targeted, especially under the government of Sani Abacha, from 1993 to 1998.2 The 1999 elections, which brought President Obasanjo to power, marked an important transition from military to civilian government in Nigeria. Despite blatant and widespread rigging, there was a huge feeling of relief and hope that the 1999 elections would not only mark the end of military rule in Nigeria, but usher in a new era of respect for human rights and civil liberties, in which people would be able to express their views freely without fearing automatic arrest, detention or worse.

Undoubtedly there are far fewer violations of the right to freedom of expression in Nigeria today than there were four years ago, and fewer blatant cases of political imprisonment. Indeed on the surface, Nigerians are able to express their views openly, as illustrated by the broad range of articles and opinions, many very critical of the government, published in Nigeria’s many newspapers and magazines. Nigerian human rights organizations are generally able to function without too many obstacles and a greater degree of formal political opposition is now tolerated. While initially, the Independent National Electoral Commission (INEC) had only allowed six parties to contest the 2003 elections, a landmark ruling by the Supreme Court in November 2002 declared many of INEC’s party registration rules unconstitutional, with the result that a total of twenty-nine political parties were eventually allowed to compete against the ruling People’s Democratic Party (PDP) in 2003.

The international community was quick to welcome these positive developments in Nigeria’s transition to democracy and within a short time, it seemed that restrictions to free expression in Nigeria were a thing of the past. Yet the daily reality, as described by Nigerians from many different backgrounds, is different. The improvements since 1999, combined with President Obasanjo’s stated commitments to respecting human rights, have blinded observers to a number of ongoing abusive practices by the government and the security forces. Although less violent and ruthless than those of previous governments, these practices are clearly intended to deter criticism and intimidate potential opponents. While continuing to tolerate a fairly high level of verbal criticism, the authorities have often cracked down on individuals whom they perceive as too persistent in their opposition or who have touched on sensitive or controversial areas.

The human rights violations described in this report constitute serious breaches of Nigeria’s national and international obligations. Section 39 (1) of the Nigerian Constitution states: “Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference.” Sections 33 (1) and 34 (1) (a) of the Constitution guarantee the right to life and the right to human dignity, including the right not to be subjected to torture or inhuman or degrading treatment.3 Nigeria is also in breach of several international and regional conventions which guarantee freedom of expression and prohibit torture, cruel, inhuman or degrading treatment, and extrajudicial executions; these include the International Covenant on Civil and Political Rights, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and the African Charter on Human and Peoples’ Rights.

Human Rights Watch is calling on the Nigerian government to ensure that all individuals are allowed to express their views freely and openly without fear of arrest, violence, or other forms of intimidation, to issue clear instructions to the police that they should not use force to respond to peaceful protests, and to bring justice those found responsible for carrying out or ordering such abuses.



1 This report does not describe in detail the many incidents of political violence and other human rights violations directly related to the elections, as these are documented in separate reports. See Human Rights Watch report “Testing democracy: political violence in Nigeria,” April 2003; and Human Rights Watch briefing paper “Nigeria at the crossroads: human rights concerns in the pre-election period,” January 2003.

2 See for example Human Rights Watch reports “ ‘Permanent transition’: current violations of human rights in Nigeria,” September 1996, and “Transition or travesty? Nigeria's endless process of transition to civilian rule,” October 1997.

3 Constitution of the Federal Republic of Nigeria, 1999.


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December 2003