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IX. Recommendations

To the Nigerian government and security forces:

  • Ensure that all individuals are allowed to express their views freely and openly without fear of arrest, violence or other forms of intimidation.

  • Allow members of human rights organizations and journalists to carry out their legitimate work, including exposing government abuses, without harassment.

  • Allow supporters of opposition parties, as well as other political activists, to express their views, including views that are critical of government policies, as is expected in any democratic system. Issue clear instructions to all members of the security forces and intelligence services that no one should be arrested or detained without charge purely on the basis of their political views.

  • Issue clear instructions to the police that they should not use force or violence to respond to peaceful protests.

  • Ensure that members of the police force abide by the U.N. Code of Conduct for Law Enforcement Officials and the U.N. Basic Principles on the Use of Force and Firearms by Law Enforcement Officials at all times. Senior police officials should ensure that all their members are trained in these standards and should monitor their practical application. Remind the police that even in situations of tension or if some protestors threaten violence, they should respect strict guidelines on the use of force and only use lethal force as a last resort, in situations where lives are directly threatened and where there is no alternative.

  • Launch immediate, independent and thorough investigations into all reported cases of fatal shootings and injuries by the police during the fuel strike and protests in July 2003 and ensure that those responsible for ordering these actions and carrying them out are suspended from active duty, charged and tried. The role of senior police officials should also be investigated and they too should be removed from duty and brought to justice if found responsible for ordering extrajudicial killings. Make public the results of these investigations and any action taken. Ensure that these investigations conform with the U.N. Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions.

  • Provide compensation to those injured by the police during the protests and to the families of those killed by the police.

  • Conduct an independent investigation into reports of torture of those arrested in connection with the peaceful protest at the U.S. embassy in Abuja in July 2003. Identify the individuals responsible for ordering and carrying out the torture and take immediate action to suspend them from active duty and bring them to justice. Issue clear instructions to all members of the police force that torture is a crime which will not be tolerated under any circumstance.

  • Investigate the disappearance of Hussaini Umar from Kaduna in April 2003; establish his whereabouts and allow him immediate access to his family and lawyers; release him unless he is charged with a recognizable criminal offence, in which case he should be tried without delay, according to due process.

To foreign governments and intergovernmental organizations:

  • Urge the Nigerian government to implement the recommendations above and to ensure full freedom of expression in Nigeria.

  • Call for an end to the impunity which has protected members of the police force and intelligence services responsible for human rights violations in this context.

  • Governments providing assistance or training to the Nigerian police should ensure that human rights standards, including the Code of Conduct for Law Enforcement Officials and the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, are incorporated into the training at all levels and that mechanisms are in place to monitor whether police officers adhere to them in practice.

  • The United Nations Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression should visit Nigeria and investigate restrictions on freedom of expression, including the cases described in this report and others documented by Nigerian organizations. The information gathered should be included in the report of the Special Rapporteur to the 2004 session of the Commission on Human Rights.

  • The African Commission on Human and Peoples’ Rights should raise concerns with the Nigerian government regarding restrictions on freedom of expression, in line with its Declaration of Principles on Freedom of Expression in Africa.89 The commissioner with specific responsibility for Nigeria should visit the country; investigate the violations of the right to freedom of expression described in this report, as well as other cases; and urge the Nigerian government to implement the recommendations above. At its next session, the Commission should adopt a resolution on freedom of expression in Africa, in which it should express concerns at violations of freedom of expression in Nigeria.

  • Governments of Commonwealth countries should pay particular attention to the situation in Nigeria, which is hosting the Commonwealth Heads of Government Meeting (CHOGM) in December 2003. Commonwealth leaders should take this opportunity to express concern about restrictions to freedom of expression in Nigeria and to call for an end to impunity. They should continue to monitor the situation in Nigeria after the CHOGM and urge President Obasanjo to end any ongoing human rights violations.



89 Declaration of Principles on Freedom of Expression in Africa, adopted by the African Commission on Human and Peoples’ Rights at its 32nd Ordinary Session in Banjul, October 17-23, 2002.


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December 2003