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<text>
<title>
Human Rights Watch World Report 1992: Nigeria
</title>
<article>
<hdr>
Human Rights Watch World Report 1992
Africa Watch: Nigeria
</hdr>
<body>
<p>Human Rights Developments
</p>
<p> Throughout its six-year tenure, the military government of
General Ibrahim Babangida has relied on force to ensure its
stay in power. In the process, the Babangida government has
been responsible for the deaths of hundreds of students and
others who demonstrated against its policies, the detention
without trial of thousands of government critics, the silencing
of opposition organizations and the erosion of the rule of law.
In 1991, the continuation of those practices furthered the
deterioration of an already crumbling civil society.
</p>
<p> Babangida's tightly controlled program of transition to
civilian rule, due to be completed by October 1, 1992, purports
to be building a democracy. But the program has included a
prohibition on all independent political parties and the denial
of the right to vote to many other Nigerians. The government
claimed that such controls were necessary to eliminate the
ethnic, religious and regional violence that has plagued the
country in the past. During 1991, however, escalating political
violence and several outbreaks of religious riots in the north
indicated that the old problems remain unsolved.
</p>
<p> In December, thirteen former governors, senators and
ministers were arrested for violating the ban on participation
in politics by former politicians. They were accused of
sponsoring candidates for state governorship elections and were
ordered by the Transition to Civilian Rule Tribunal to remain
in police custody until they reappear before the tribunal on
January 16, 1992. However, the ban was lifted on December 18
with a government announcement that "the time has come when the
old and new should mix, cooperate or compete."
</p>
<p> Although President Babangida repeatedly has declared his
intention to complete the transition program on schedule, the
growing violence has provoked official warnings that the
transition is in danger of being derailed, and has encouraged
speculation that the government might use the instability as an
excuse to remain in power. Even if the military leaves office
as planned, its success in manipulating the political system,
weakening the courts and destroying such civilian institutions
as the labor movement and student unions has ensured that the
fragile new government will be vulnerable to future military
influence. With less than a year to go, the government
continues to rely on strong-arm tactics, and has refused to
loosen its grip on civilian institutions.
</p>
<p> Elections in 1990 had been conducted using an experimental
method known as the "open ballot," in which voters line up
behind photographs of their chosen candidates, rather than the
secret ballot, as provided by Nigerian law. The possibilities
for voter intimidation inherent in the open ballot system were
obvious. In March 1991, the government announced that it would
conduct an extensive nationwide opinion poll to canvas the views
of Nigerians on the new voting system. Shortly thereafter, the
government declared that, based on what was said to be the
results of the poll, the open ballot would be used in all
future elections.
</p>
<p> The government continued its practice of ruling by military
decrees, which are prohibited from being questioned by the
courts. State Security (Detention of Persons) Decree 2 of 1984,
the most widely abused and feared decree, provides for
virtually unlimited detention without trial. In 1991, the
government used Decree 2 to continue to hold relatives and
acquaintances of suspected participants in the April 1990 coup
attempt who are still at large. Those who remain in detention
include Gloria Mowarin, the girlfriend of a suspected coup
financier, whose release was ordered by the court on February
19. Pregnant at the time of her detention, she miscarried in her
seventh month. Others include Gloria Awhirin and Rhoda Ackah,
two sisters of Great Ogboru, the alleged coup leader. In June
1991, a High Court judge appealed to the federal government to
order their immediate release on humanitarian grounds. One is
nursing a baby. Dorah Mukoro, wife of Major Saliba Mukoro, an
alleged coup participant, reportedly escaped from detention in
September, along with her children. She gave birth in detention
less than two months after her arrest.
</p>
<p> As in past years, the government in 1991 was extremely
sensitive to allegations of official corruption, which is
widely recognized as one of Nigeria's most intractable problems.
In the most talked-about case of the year, Jennifer Madike was
arrested on January 10 for allegedly collecting a bribe from
three men on the pretext that she was to deliver it to Fidelis
Oyakhilome, then chair of the Nigerian Drug Law Enforcement
Agency, to secure the release of two detained suspected drug
dealers. She was later detained under Decree 2, amid rumors of
the involvement of First Lady Maryam Babangida in the scandal.
She was not produced in court until March 22, after numerous
complaints filed by her lawyer, human rights activist Femi
Falana, who is also president of the National Association of
Democratic Lawyers and vice president of the Committee for the
Defense of Human Rights. Madike was later charged with stealing
and official corruption. Her cousin was arrested on April 17,
and both women were subsequently charged with forgery in
connection with a letter that the two claim was written to
Madike by Mrs. Babangida. Madike became seriously ill in custody
and is still denied access to her lawyer, despite several court
orders.
</p>
<p> One of the most damaging effects of military rule on the
justice system has been the use of special tribunals. Lacking
internationally recognized judicial safeguards, they hear a
variety of cases considered by the government to be
particularly sensitive, including cases of armed robbery,
treason, corruption, drug trafficking and subverting the
transition to civilian rule. Those convicted in some cases have
no right of appeal. Others may be appealed to a Special Appeal
Tribunal, but the appellate decisions must then be confirmed by
the government. Until 1991, military officers sat on tribunals
along with judges, but according to Decree 9 of 1991, tribunals
now consist of one civilian judge. While a small improvement,
this change does not address many of the fundamental problems
of the tribunals, including a presumption of guilt, inadequate
legal representation, disproportionately stiff sentences and
strictly circumscribed provisions for appeal. In addition, the
continued existence of a parallel court system weakens the
authority of the regular courts.
</p>
<p> Despite the removal of members of the military from the
special tribunals, military tribunals are still used to try
certain cases. Nine soldiers and two civilians, accused of
involvement in the April 1990 coup attempt, were tried in
secret before a military tribunal in September and October.
According to the Civil Liberties Organization (CLO), a Nigerian
human rights group, the suspects had been acquitted on similar
charges in two previous trials before military tribunals and had
been in detention for at least one year. (Sixty-nine coup
suspects were executed in 1990 after appearing before military
tribunals that lacked basic judicial safeguards.) They were
denied counsel during their detention and were represented at
the trial by army lawyers. The CLO filed a suit to restrain the
trial and later learned that it had been concluded and that
eight suspects had been sentenced to death and three to life
imprisonment. Two weeks later, the government announced that,
pursuant to its human rights policy, the death sentences were
commuted to life imprisonment and the life sentences to ten
years' imprisonment.
</p>
<p> Corruption in the judiciary has worsened under the Babangida
government which, at the highest levels, has sho