03.05.2008 - Source: BBC News

Nigerian court rules that treason trial of Niger Delta militant leader Henry Okah will be held behind closed doors; human rights groups argue, Okah might reveal government involvement in arms-shipping and vote rigging ("Secret trial for Nigeria militant") [ID 23233]

Document(s): Open document

11.03.2008 - Source: US Department of State

The executive and the legislature exerted undue pressure in civil cases ("Country Report on Human Rights Practices 2007") [ID 19701]

"The constitution and law provide for an independent judiciary in civil matters; however, the executive and the legislature also exerted undue influence and pressure in civil cases. A widespread lack of will to implement court decisions interfered with due process even when the executive branch did not attempt to compel a civil court to make a particular decision. The law provides for access to the courts for the redress of grievances, and courts can award damages and issue injunctions to stop or prevent a human rights violation. However, the decisions of civil courts were extremely difficult to enforce."

Document(s): Open document

11.03.2008 - Source: US Department of State

Nine suspects in the murder case of gubernatorial candidate Funsho Williams imprisoned without trial ("Country Report on Human Rights Practices 2007") [ID 22724]

"On May 25, nine suspects allegedly connected to the July 2006 killing of Lagos State gubernatorial candidate Funsho Williams‑‑including the three mobile policemen responsible for guarding him and four colleagues close to him--were imprisoned without trial; former IGP Sunday Ehindero declared the case closed despite the lack of a conviction. On June 9, Ehindero's successor, Michael Okiro, announced that the case would be reopened and investigated further, but there were no additional developments by year's end."

Document(s): Open document

11.03.2008 - Source: US Department of State

60 percent of prison inmates are waiting for their trial, sometimes for several years ("Country Report on Human Rights Practices 2007") [ID 23083]

"Lengthy pretrial detention remained a serious problem, and human rights groups reported that detainees awaiting trial composed 60 percent of the prison population. Serious backlogs, endemic corruption, and undue political influence continued to hamper the judicial system. In a statement issued on September 4, Kano State Controller of Prisons, Muhammad Habib Iliyasu, said the Kano prison had over 900 inmates awaiting trial, some of whom would likely wait over 10 years before receiving a trial. The congestion in Kano Prison led to a clash between guards and detainees awaiting trial, resulting in the deaths of three guards and two detainees, and the hospitalizations of more than 20 inmates. Multiple adjournments in some cases led to serious delays. Police cited their inability to supply secure transportation for detainees on their trial dates as one reason why so many were denied a trial. The NHRC reported that some detainees were held because their case files had been lost. Some state governments released inmates detained for longer than potential maximum sentences without trial. Although detainees had the right to submit complaints to the NHRC, the commission had no power to respond. Detainees could also complain to the courts, but they often lacked the means of communicating with the court. Even detainees with legal representation often waited years to gain access to the courts."

Document(s): Open document

11.03.2008 - Source: US Department of State

Kano State: Governor Ibrahim Shekarau granted amnesty to 48 prisoners in October 2007 ("Country Report on Human Rights Practices 2007") [ID 23085]

"On October 25, Kano State Governor Ibrahim Shekarau granted amnesty to 48 inmates in the Kano prison system."

Document(s): Open document

11.03.2008 - Source: US Department of State

Kwara State: Judge releases 21 of 200 pretrail detainees in Novermeber 2007 ("Country Report on Human Rights Practices 2007") [ID 23086]

"On November 26, Chief Judge of Kwara State Raliat Elelu-Habeeb released 21 of the 200 pretrial detainees due to deteriorating health or unnecessary detention."

Document(s): Open document

11.03.2008 - Source: US Department of State

Kwara State: In December 2007 Governor Bukola Saraki granted amnesty to 30 inmates ("Country Report on Human Rights Practices 2007") [ID 23087]

"On December 23, Kwara State Governor Bukola Saraki granted amnesty to 30 inmates at the Oke-Kura Federal Prison in Ilorin. The 30 included 14 pretrial detainees, eight condemned prisoners, and eight additional prisoners who were close to completing their sentences."

Document(s): Open document

11.03.2008 - Source: US Department of State

Justiz ist Anfällig für politische Einflussnahme ("Country Report on Human Rights Practices 2007") [ID 23088]

"Although the constitution and law provide for an independent judiciary, the judicial branch remained susceptible to executive and legislative branch pressure. Political leaders influenced the judiciary, particularly at the state and local levels. Understaffing, underfunding, inefficiency, and corruption continued to prevent the judiciary from functioning adequately. There was a widespread perception that judges were easily bribed and that litigants could not rely on the courts to render impartial judgments. Citizens encountered long delays and frequent requests from judicial officials for bribes to expedite cases or obtain a favorable ruling. Judges frequently failed to appear for trials, often because they were pursuing other sources of income, and sometimes because of threats against them. In addition court officials often lacked the proper equipment, training, and motivation to perform their duties, with lack of motivation primarily due to inadequate compensation."

Document(s): Open document

11.03.2008 - Source: US Department of State

Lack of monitoring of judges at the local level leads to corruption ("Country Report on Human Rights Practices 2007") [ID 23089]

"The Ministry of Justice implemented strict requirements for levels of education and length of service for judges at the federal and state level; however, there were no requirements or monitoring body for judges at the local level, leading to corruption and miscarriages of justice in those courts."

Document(s): Open document

17.12.2007 - Source: Amnesty International

Nigerian NGOs and Amnesty International express serious concerns about reports of executions of several prisoners on death row in prisons and call for an immediate moratorium ("Nigeria: Stop executions – adopt a moratorium") [ID 22278]

Document(s): Open document

23.05.2007 - Source: Amnesty International

Government announced an initiative to speed up trial of up to 25,000 inmates or to release them; no tangible results were seen ("Annual Report 2007") [ID 20170]

"In January the Federal Government announced an initiative aimed at speeding up the trial or unconditional release of up to 25,000 inmates out of a prison population estimated by the government at 45,000. However, no tangible results were seen by the end of the year. In November the government announced a case-by-case review of the prison population. Again, no action was evident by the end of the year. An estimated two-thirds of all people held in prisons were awaiting trial, and the average pre-trial detention period was estimated to be at least five years, with many people detained for 10 years or more without going to trial."

Document(s): Open document

06.03.2007 - Source: US Department of State

Political leaders influenced judiciary ("Country Report on Human Rights Practices 2006") [ID 19692]

"Although the constitution and law provide for an independent judiciary, the judicial branch remained susceptible to executive and legislative branch pressure. Political leaders influenced the judiciary, particularly at the state and local levels. Understaffing, underfunding, inefficiency, and corruption continued to prevent the judiciary from functioning adequately. Citizens encountered long delays and frequent requests from judicial officials for small bribes to expedite cases."

Document(s): Open document

06.03.2007 - Source: US Department of State

At the local level there is no monitoring body for judges ("Country Report on Human Rights Practices 2006") [ID 19693]

"The Ministry of Justice implemented strict requirements for levels of education and length of service for judges at the federal and state level; however, there were no requirements or monitoring body for judges at the local level, leading to corruption and miscarriages of justice."

Document(s): Open document

01.2007 - Source: Human Rights Watch

Thousands of prisoners in lengthy pre-trial detention, in some cases for more than a decade ("World Report 2007") [ID 18968]

"Processes meant to bring accountability continued to be crippled by corruption, inefficiency, political influence, and an underlying culture of impunity; those responsible for Nigeria’s worst abuses have evaded meaningful sanction. Meanwhile thousands of prisoners accused of common crimes remained in punitively lengthy pre-trial detention, in some cases for more than a decade. However, in 2006 the authorities announced plans to free inmates who have been in prison for longer than the sentences they would face if convicted."

Document(s): Open document

08.03.2006 - Source: US Department of State

Hamza Al Mustapha not permitted to attend hearings on his attempted murder trial ("Country Report on Human Rights Practices 2005") [#46036],  [ID 17076]

"The persons charged in the 1996 attempted murder of Alex Ibru had not been tried by year's end (see section 2.d.). Hamza Al Mustapha, one of the defendants and security chief for former military dictator Sani Abacha, was charged in October 2004 with treason, along with two other people, but this case was not brought to trial during the year. Al Mustapha was not permitted to attend hearings on his attempted murder trial, and he and his co-defendants remained in a military prison in Lagos at year's end."

Document(s): Open document

08.03.2006 - Source: US Department of State

Lengthy pretrial detention remains serious problem ("Country Report on Human Rights Practices 2005") [#46036],  [ID 17077]

"Lengthy pretrial detention remained a serious problem. Serious backlogs, endemic corruption, and undue political influence continued to hamper the judicial system (see section 1.e.). In March a working group assigned by the attorney general to investigate prison conditions in the country found that 64 percent of inmates were detainees awaiting trial. Multiple adjournments in some cases led to serious delays. Police cited their inability to transport detainees to trial securely on their trial dates as one reason why so many were denied a trial. The National Human Rights Commission (NHRC) reported that some detainees were held because their case files had been lost. Some state governments released inmates detained for significant periods of time without trial."

Document(s): Open document

08.03.2006 - Source: US Department of State

Periods spent awaiting trial of 100 persons in Ikoyi prison violated constitutional rights ("Country Report on Human Rights Practices 2005") [#46036],  [ID 17078]

"On March 22, the Ikeja high court ordered the unconditional release of 100 inmates from the Ikoyi Prison in Lagos. The inmates had been awaiting trial for 6 to 15 years. The Constitutional Rights Project (CRP) filed the motion for release of the prisoners and argued that the periods spent awaiting trial violated constitutional rights to be charged within 48 hours of arrest. CRP representatives confirmed the prisoners were released."

Document(s): Open document

08.03.2006 - Source: US Department of State

On 22 March, High Court ordered release of 100 inmates from the Ikoyi Prison ("Country Report on Human Rights Practices 2005") [#46036],  [ID 17079]

"On March 22, the Ikeja high court ordered the unconditional release of 100 inmates from the Ikoyi Prison in Lagos. The inmates had been awaiting trial for 6 to 15 years. The Constitutional Rights Project (CRP) filed the motion for release of the prisoners and argued that the periods spent awaiting trial violated constitutional rights to be charged within 48 hours of arrest. CRP representatives confirmed the prisoners were released."

Document(s): Open document

08.03.2006 - Source: US Department of State

Remainder of the 280 Kirikiri Prison inmates were released ("Country Report on Human Rights Practices 2005") [#46036],  [ID 17080]

"Early in the year the remainder of the 280 Kirikiri Prison inmates, who were ordered released by an Ikorodu high court decision in September 2004, were released."

Document(s): Open document

08.03.2006 - Source: US Department of State

Kwara State Chief Justice freed 12 prison inmates due to lapses in their trials ("Country Report on Human Rights Practices 2005") [#46036],  [ID 17081]

"In early November the Kwara State Chief Justice freed 12 Ilorin prison inmates due to lapses in their trials. In his statement he noted that although the Ilorin prison had a capacity of 121 inmates, the prison held 340 prisoners, 261 of whom were detainees awaiting trial."

Document(s): Open document

08.03.2006 - Source: US Department of State

Problems relating to trial procedures and the judicial system ("Country Report on Human Rights Practices 2005") [#46036],  [ID 17083]

"According to the constitution, persons charged with offenses have the right to an expeditious trial. Criminal justice procedures call for trial within three months of arraignment for most categories of crimes; however, there were considerable delays, often stretching to several years, in bringing suspects to trial (see section 1.d.). Juries were not used in trials. Most detainees were poor and could not afford to pay the costs associated with moving their trials forward, and as a result they remained in prison. Wealthier defendants employed numerous delay tactics and in many cases used bribes to persuade judges to grant numerous continuances. Such practices clogged the court calendar and prevented trials from starting or progressing. Trials in the regular court system were public and generally respected constitutionally protected individual rights in criminal cases, including a presumption of innocence, and the right to be present, to confront witnesses, to present evidence, and to be represented by legal counsel. While an accused person is entitled to counsel of his choice, there is no law that prevents a trial from going forward without counsel, except for certain offenses such as homicide or other offenses for which the penalty is death. The legal aid act provides for the appointment of counsel in such cases, and trial will not go forward without counsel. However, there was a widespread perception that judges were easily bribed or "settled," and that litigants could not rely on the courts to render impartial judgments. Many courts were understaffed, and personnel were paid poorly. Judges frequently failed to appear for trials, often because they were pursuing other source of income, and sometimes because of threats against them. In addition, court officials often lacked the proper equipment, training, and motivation to perform their duties, primarily due to inadequate compensation."

Document(s): Open document

08.03.2006 - Source: US Department of State

18-year-old Saleh Dabo sentenced to death by stoning for adultery; he is not married ("Country Report on Human Rights Practices 2005") [#46036],  [ID 17279]

"The Nigeria Legal Aid Council agreed to appeal 30 Shari'a convictions and death sentences in Bauchi State. In one case, an 18-year-old man, Saleh Dabo, alleged that police told him he could plead guilty to rape, and he would be released; instead, a court sentenced him to death by stoning for adultery, even though he is not married. The appeal had not yet been heard."

Document(s): Open document

09.01.2006 - Source: Amnesty International

Government announced to speed up trial or unconditionally release up to 25.000 prisoners to address overcrowding of prisons and to respect right to a fair trial ("Nigeria: 'Release' of up to 25,000 detainees and prisoners [AFR 44/002/2006]") [#41508],  [ID 14933]

"Amnesty International welcomes the initiative of the Federal Government of Nigeria, announced on 4 January, to speed up the trial and/or unconditionally release up to 25,000 inmates out of a government estimate of a total prison population of 45,000 inmates. The releases are reported to be affecting men and women detained both under the Sharia penal system and the criminal justice system.
The government explained to Amnesty International that this measure is an effort to address the overcrowding of prisons throughout Nigeria and to respect the right to fair trial of detainees.

Those who will be unconditionally released include: detainees arrested for minor criminal offences, detainees who have served longer terms awaiting trial than they would have done had they been convicted of the crimes they were suspected of, and detainees suffering from ill-health. Other detainees will be assigned legal representatives, paid for by the government, to speed up their trials.

Amnesty International has reported for several years on how the right to fair trial in Nigeria is grossly violated, including by keeping men and women in pre-trial detention for long periods of time -- in some cases up to 10 years -- and welcomes this positive initiative."

Document(s): Open document

08.2004 - Source: Austrian Centre for Country of Origin and Asylum Research and Documentation

Fair trial ("Nigeria - Länderbericht") [#28135],  [ID 14934]

"Die Justiz zeigt sich empfänglich für Beeinflussungsversuche seitens der Exekutive, der Legislative und politischer Führer. Dies gilt insbesondere auf lokaler Ebene und auf Ebene der Gliedstaaten, während Entscheidungen auf Bundesebene größere Unabhängigkeit zeigen. Aufgrund von Ineffizienz sowie Personal- und Finanzmangel arbeitet die Judikative nicht adäquat. Das US State Department (USDOS) berichtet von langen Wartezeiten und der Einforderung von Bestechungsgeldern (USDOS 2004, 1.e.). Auch stellt das US State Departement fest, dass die Gerichte parteiisch urteilen. Aufgrund des Personal- und Finanzmangels kommt es häufig vor, dass Richter nicht erscheinen, um sich durch Nebenbeschäftigungen ein weiteres Einkommen zu sichern (USDOS 2004, 1.e). Zu einem fairen Verfahren kommt es vor allem in den nördlichen Gliedstaaten mit Scharia Rechtsprechung selten (siehe weiter unten) (HRW World Report 2003 – Nigeria).

Mangelnde finanzielle und personelle Ressourcen führen auch zur Verschleppung der Verfahren und dazu, dass die Gefängnisse mit Langzeituntersuchungshäftlingen überfüllt sind. Geld und Einfluss genügen, um jemanden zu langjährigen Haftstrafen zu verurteilen (ACCORD 2002, S. 19 bezugnehmend auf Harnischfeger 2001, S. 21). Anfang 2003 wurde ein Gesetz in Kraft gesetzt, welches die Entlohnung der Justizbeamten festschreibt, und somit die Korruption eindämmen soll (AllAfrica.com/This Day, 28. Januar 2003). Im April 2004 wurden 4 hohe Justizbeamte aufgrund von Korruptionsvorwürfen festgenommen (BBC 22. April 2004).

Obgleich Präsident Obasanjo im September 2002 an den Senat schrieb, dass der Empfehlung des Esho Panel, welches die Aufgabe hatte Korruption in der Judikative aufzudecken, 47 Justizbeamte vom Dienst zurückzuziehen, nachgekommen werden soll (USDOS 2003, 1.e), blieben alle genannten Beamten weiter in ihren Positionen (USDOS 2004, 1.e.).

Das Justizministerium implementiert seit Kurzem strenge Anforderungen an Ausbildung und Diensterfahrung für Richter auf nationaler und Gliedstaatenebene; jedoch nicht für Richter auf lokaler Ebene, was zur Fortsetzung von Korruption und zu Justizirrtümern führt (USDOS 2004, 1.e.)."

Document(s): Open document

08.2004 - Source: Austrian Centre for Country of Origin and Asylum Research and Documentation

Holden charge ("Nigeria - Länderbericht") [#28135],  [ID 14935]

"Liegen bei Fällen von vermutetem Schwerverbrechen (Raub oder Mord) nicht genügend Beweise vor und konnte die Polizei auch kein Geständnis erzwingen, so wird häufig auf folgende Praxis zurückgegriffen, um den Beschuldigten trotzdem nicht auf freien Fuß setzen zu müssen: der Verdächtige wird anstatt dem zuständigen Staatsanwalt einem Verwaltungsrichter vorgeführt. Verwaltungsrichter sind jedoch in Fällen,
die theoretisch die Todesstrafe nach sich ziehen können, unzuständig. Sie können diese Fälle auch nicht aufgrund mangelnder Beweise fallenlassen oder jemanden gegen Kaution freilassen. Ihnen steht lediglich das Recht zu, den Verdächtigen bis zur Verhandlung in Haft zu lassen7. Dieser Zeitraum kann sich über Jahre hinziehen. Um dem zu entgehen, legen Verdächtige in einigen Fällen Geständnisse ab (AI Dezember 2002, S. 7-8; AllAfrica.com/This Day 24. Juni 2004).

Die Praxis ist nach wie vor gängig (AllAfrica.com/Daily Trust 20. Januar 2004; AllAfrica.com/Daily Champion 03. April 2004; AllAfrica.com/This Day 06. Juli 2004). Selbst der oberste Polizeichef, Inspector General Balogun gibt offen zu, dass darauf zurückgegriffen werde, da holden charge dem Justizministerium erlaube, die Anklage mit allen Beweisen vorzubereiten (AllAfrica.com/Daily Trust 20. Januar 2004). Die nigerianische Civil Liberties Organization prangert holden charge an, vor allem, weil bereits Urteile über
deren mangelnde Verfassungskonformität vorlägen (AllAfrica.com/Vanguard 23. Juni 2004)."

Document(s): Open document

10.2003 - Source: UK Home Office

Inefficient administrative bureaucracy delayed court procedures ("Country Report - October 2003") [#17332],  [ID 14936]

"5.15 Criminal justice procedures call for trial within three months of arraignment for most categories of crimes. Understaffing of the judiciary, inefficient administrative procedures, petty extortion, bureaucratic inertia, poor communication between police and prison officials, and inadequate transportation continued to result in considerable delays in bringing suspects to trial, often stretching to several years.

5.16 Trials in the regular court system are public and generally respect constitutionally protected individual rights in criminal cases, including a presumption of innocence, and the right to be present, to confront witnesses, to present evidence, and to be represented by legal counsel. However, there is a widespread perception that judges are easily bribed or "settled", and that the courts cannot be relied on to render impartial judgements. Most prisoners are poor and cannot afford to pay the costs associated with moving their trials forward, and as a result they remain in prison. Wealthier defendants employ numerous delaying tactics and, in some cases, use bribes to persuade judges to grant numerous continuances. This, and similar practices, clogged the court calendar and prevented trials from starting. Many courts are understaffed, and personnel are paid poorly. Judges frequently fail to appear for trials, often because they are pursuing other means of income. In addition court officials often lack the proper equipment, training, and the will to perform their duties, again due primarily to their inadequate pay and poor conditions."

Document(s): Open document

31.03.2003 - Source: US Department of State

The judicial System was incapable of providing fair trials ("Country Report on Human Rights Practices 2002") [#11802],  [ID 14937]

"The judicial system often was incapable of providing criminal suspects with speedy and fair trials. Government authorities occasionally infringed on citizen's privacy rights. The law prohibits the introduction into trials of evidence and confessions obtained through torture.According to the Constitution, persons charged with offenses have the right to an expeditious trial; however, in practice this right was not respected. Serious backlogs, endemic corruption, and undue political influence continued to hamper the judicial system"

Document(s): Open document

31.03.2003 - Source: US Department of State

In practice judiciary remains subject to executive and legislative branch pressure, is influenced by political leaders and suffered from corruption and inefficiency ("Country Report on Human Rights Practices 2002") [#11802],  [ID 14938]

"The Constitution provides for an independent judiciary. Although the judicial branch remained susceptible to executive and legislative branch pressures, the performance of the Supreme Court and decisions at the federal appellate level were indicative of growing independence. State and local judiciary were influenced by political leaders and suffered from corruption and inefficiency more so than the federal court system.(...)The judiciary was influenced by political leaders particularly at the state and local levels. Understaffing, underfunding, inefficiency, and corruption continued to prevent the judiciary from functioning adequately. Citizens encountered long delays and frequent requests from judicial officials for small bribes in order to expedite cases."

Document(s): Open document

13.06.2002 - Source: BBC News

BBC: Despite a number of attacks on members of the judiciary in recent months judges are not accorded police protection at their homes ("Police hunt Nigerian judge killer") [#8584],  [ID 14939]

Document(s): Open document