On 20 July 1998 General Abdulsalami Abubakar made a speech to the nation which included announcements on the government's proposed transition to democracy and a promise to release all political detainees (Post Express 23 July 1998; Abuja Mirror 22-28 July 1998a). According to excerpts of the speech published in West Africa, Abubakar promised that the government "shall release all political detainees" (3-16 Aug. 1998, 326); however the Abuja Mirror provided the full text of the speech including the statement that "this administration has released all political detainees" (22-28 July 1998b). Both publications indicated the government's decision "to withdraw all charges against political offenders" and that it had commuted the death sentences of those convicted in regard to the alleged December 1997 coup plot.

A number of persons were released around this time. Post Express reported the release of more than 360 detainees the week before Abubakar's speech, including Wole Diya, the younger brother of imprisoned General Diya, and Tokundo Fakeye, the defence correspondent for The News (22 July 1998). IFEX also reported that Tokundo Fakeye was released on 15 July 1998, along with Rafiu Salau from the Independent Communications Network Limited (20 July 1998). Abubakar also ordered the release of ten other detainees, including Kunle Ajibade, editor of The News; George Mbah of Tell magazine; and Ben Charles-Obi of Weekend Classique (ibid.; Abuja Mirror 22-28 July 1998a; Africa Research Bulletin 24 Aug. 1998). Abuja Mirror reported that the other seven released at this time were: Shehu Musa, Alhaji Sanusi Mato, Felix Ndamaigida, Matthew Popoola, Julius Badejo, Moses Ayegba and Rebecca Ikpo (22-28 July 1998a). AFP stated that Femi Ojudu, managing editor of The News, was released on 23 July 1998 (24 July 1998). In addition, West Africa reported the release of seventeen detainees although it is not clear whether those persons were released prior to Abubakar's announcement (West Africa 6-26 July 1998, 558). Those persons are: Alhaji Abubakar Rimi (former Governor of Kano State), Chief Olu Falae (former finance minister), Olisa Agbakoba (human rights activist), Alhaji Sule Lamido (secretary of defunct Social Democratic Party SDP), Ayo Opadokun (NADECO secretary), Dr. Fredrick Fasheun (former presidential contender), Olusegun Maiyegun (former student leader), Moses Akinmola, Lewsi Aimola, Olayinka Adebayo, Moshood Yahaya, Musa Okoiyafon, Sukere Mohammed, Olugbenga Odumade, Moshood Raji, Femi Adeyemi and Layi Odumade (ibid.). Post Express also reported on 22 July 1998 that no new political prisoners had been detained since the start of the Abubakar administration.

Following his July 1998 announcement, on 7 September 1998 Abubakar announced the dropping of all charges against those persons in exile and invited them to return home (DPA 7 Sept. 1998; Electronic Mail and Guardian 8 Sept. 1998). He also said that "cases of people who are detained and have not been arraigned before the courts and some classes of persons already convicted are being examined and appropriate decisions will be taken" (ibid.; DPA 7 Sept. 1998). Nigerian police announced on 18 September 1998 that treason charges had been withdrawn against Wole Soyinka and 14 other persons (AFP 18 Sept. 1998). At a speech in London on 22 September 1998, General Abubakar stated that Nigeria had granted pardons to "some convicted persons and withdrawn charges against others. Specifically, in respect of political exiles, we have entered a nolle proseque in respect of all politically motivated charges against them" (Abuja Mirror 23-29 Sept. 1998a; Today 27 Sept.-3 Oct. 1998).

Although Abubakar reportedly stated in early September 1998 that all political prisoners had been released, but that those arrested for economic crimes continued in detention (AFP 5 Sept. 1998), several critics challenge the definition of "political prisoner" employed by Abubakar in his statement: in August, Amnesty International expressed concern "as to who is defining who are political prisoners" (10 Aug. 1998). In early September, shortly before the release of the "Ogoni 19", the Legal Advisor to Nigeria's Head of State said that they were accused of murder and thus "their offences are not of the political nature that many would like it to look like" (Vanguard 2 Nov. 1998; AFP 8 Sept. 1998; AP 8 Sept. 1998; Africa Research Bulletin 19 Oct. 1998b). The Michigan-based Southern Minorities Front of Nigeria (SOMIFON) claimed in September 1998 that Abubakar's release of detainees was a "façade" since many others remained in prison (Electronic Mail & Guardian 24 Sept. 1998; Abuja Mirror 1-6 Oct. 1998).

IFEX reported on 14 October 1998 that Okina Deesor, a radio programme producer in Port Harcourt had been arrested in July 1996 and then apparently released on an unknown date, but his current whereabouts were unknown. Niran Masaolu, a journalist convicted in regard to the alleged December 1997 coup plot remained in prison (ibid.). Other journalists were released on unknown dates: Obi Chukwumba, Joshua Ogbonna, Donatus Njoku, Chidi Nkwpara, as well as Moshod Fayemiwo on 2 September 1998 (ibid.). The Abuja Mirror reported that Abubakar had "cleared the air over the fate of certain Nigerian exiles abroad, saying that only politically motivated charges against them are dropped." (23-29 September 1998b).

Abubakar gave an independence day speech on 1 October 1998 in which he promised that "our fellow citizens are not thrown arbitrarily into police or military detention for every minor infraction of the law. And where and when anyone is detained in accordance with due process of the law, we will ensure that offenders are not put together with hardened or violent criminals" (Post Express 2 October 1998). In reaction to this speech the Civil Liberties Organisation (CLO) expressed "deep disappointment," pointing to the continued existence of Decree 2 and stating:

The CLO finds General Abubakar's false claims about release of political prisoners deeply offensive when civilians convicted of nebulous offences such as carrying out their job as a typist or editing a newspaper by secret military tribunals are still wasting away in the yet-to-be improved prisons (1 Oct. 1998).

In what it termed would be a "simple and long overdue step" the CLO called for the release of those convicted of participation in all coup plots (ibid.).

However, Ibrahim Al-Zakzaky, a Muslim leader, and three other Muslims continued in detention (Free Al-Zakzaky Campaign 26 Aug. 1998; Today 2-8 Aug. 1998). He was arrested in 1996 and is charged with sedition (AP 21 Sept. 1998; CLO 1998; Africa Research Bulletin 19 Oct. 1998a). In September, between 10 and 15 persons were killed and many wounded in two separate clashes between supporters of Al-Zakzaky and police in Kaduna and Kano (Africa Research Bulletin 19 Oct. 1998a). The protestors were demanding the release of Al-Zakzaky (ibid.)

At the end of October 1998, the United Nations Human Rights Commission (UNHRC) issued a special report on Nigeria which noted Abubakar's positive steps but stated that "others are still in detention, including those convicted in connection with the alleged 1990, 1995 and 1997 coup plots" (Vanguard 1 Nov. 1998). The report also said that "The Nigerian legal system currently does not provide effective protection of human rights" and "Torture and other cruel, inhuman or degrading treatment and punishment are still reported" (ibid.).

In November 1998, four members of an opposition party representing Odua people were killed following clashes with police (AFP 10 Nov. 1998). Police arrested six members and charged them with sedition (ibid.). This followed the October arrests of the chairman and 42 members of the Oodua Congress Party, "a Yoruba group championing the cause of a separate Yoruba state" (P.M. News 16 Oct. 1998).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

Abuja Mirror [Abuja]. 1-6 Oct. 1998. "Nigerian Group in the United States Shuns Abubakar." [Internet] www.ndirect.co.uk [Accessed 30 Nov. 1998]

_____. 23-29 September 1998a. "We Are Determined to Win New Friends - General Abubakar." [Internet] www.ndirect.co.uk [Accessed 30 Nov. 1998]

_____. 23-29 September 1998b. "General Abubakar Clears Air on Exiles: Only Political Charges Are Dropped." [Internet] www.ndirect.co.uk [Accessed 30 Nov. 1998]

_____. 22-28 July 1998a. "Mixed Reactions Greet Broadcast." [Internet] www.ndirect.co.uk [Accessed 30 Nov. 1998]

_____. 22-28 July 1998b. "Full Text of General Abubakar's Broadcasts to the Nation." [Internet] www.ndirect.co.uk [Accessed 30 Nov. 1998]

Africa Research Bulletin: Political, Social and Cultural Series [Oxford]. 19 October 1998a. Vol. 35, No. 9. "Nigeria: Islamic Tensions in North."

_____. 19 October 1998b. Vol. 35, No. 9. "Nigeria: Ogoni Activists Released."

_____. 24 August 1998. Vol. 35, No. 7. "Nigeria: Cautious Reform."

Agence France Presse (AFP). 10 November 1998. "Quatre manifestants, dont un leader d'opposition, tués à Lagos." (AFP Mail topic@alc.afp.com)

_____. 18 September 1998. "Le Nigeria lève les accusations de trahison contre l'écrivain Soyinka." (AFP Mail topic@alc.afp.com)

_____. 8 September 1998. "Libération de 20 militants ogonis." (AFP Mail topic@alc.afp.com)

_____. 5 September 1998. "La junte nigériane affirme avoir libéré tous les prisonniers politiques." (AFP Mail topic@alc.afp.com)

_____. 24 July 1998. "Nigerian Journalist Freed From Prison." (NEXIS)

Amnesty International. 10 August 1998. "Nigeria; Amnesty International Issues Brief on Nigeria, July 1998." (Africa News Service/NEXIS)

Associated Press (AP). 21 September 1998. "Death Toll Rises in Nigerian Religious Clashes." (NEXIS)

_____. 8 September 1998. Frank Aigbogun. "Saro-Wiwa's Co-Accused Freed After Four Years in Nigerian Jail." (NEXIS)

Civil Liberties Organisation (CLO). 1 October 1998. "The Civil Liberties Organisation: Press Statement." [Internet] www.africapolicy.org [Accessed 27 Nov. 1998]

Deutsche Presse-Agentur. 7 September 1998. "Nigeria's Ruler Drops Charges Against Exiles, Urges Them to Return." (NEXIS)

Electronic Mail & Guardian [Johannesburg]. 24 September 1998. "Nigerian Exiles Attack Abubakar's UN Visit." [Internet] www.mg.co.za [Accessed 30 Nov. 1998]

_____. 8 Septmeber 1998. "Abubakar Probes Nigeria Corruption." [Internet] www.mg.co.za [Accessed 30 Nov. 1998]

Free Al-Zakzaky Campaign. 26 August 1998. "Help Free All Political Prisoners in Nigeria." [Internet] www.membes.tripod.com [Accessed 12 Nov. 1998]

International Freedom of Exchange Clearing House (IFEX). 14 October 1998. "Action Alert: Update on Status of Detained Journalists." [Internet] www.ifex.org [Accessed 23 Nov. 1998]

_____. 20 July 1998. "Action Alert: Two More Detainees Released; Three Editors Freed." [Internet] www.ifex.org [Accessed 23 Nov. 1998]

P.M. News [Lagos]. 16 October 1998. "Nigeria; Oodua Chief Arrested." (Africa News Service).

Post Express [London]. 2 October 1998. "We Have Learnt From Our Past Errors - Abubakar." [Internet] www.postexpresswired.com [Accessed 27 Nov. 1998]

_____. 23 July 1998. Roger Cohen. "Abubakar's Agenda and Nigerians," [Internet] www.postexpresswired.com [Accessed 27 Nov. 1998]

_____. 22 July 1998. Tony Iyare and Vincent Ezima. "Obasabjo, Yar'Adua State Pardon." [Internet] www.postexpresswired.com [Accessed 27 Nov. 1998]

Today. 27 September - 3 October 1998. "We Are Committed to Democratisation - General Abubakar." [Internet] www.ndirect.co.uk [Accessed 1 Dec. 1998]

_____. 2-8 August 1998. "Case Against El-Zakzaky Fixed for October 28." [Internet] www.ndirect.co.uk [Accessed 1 Dec. 1998]

Vanguard [Apapa]. 2 November 1998. "The Other Voice: Our Human Rights Groups Are Cottage Industries, Says Yadudu." [Internet] www.afbis.com/vangaurd [Accessed 12 Nov. 1998]

_____. 1 November 1998. "Nigeria Still Violates Human Rights, UN Insists." [Internet] www.afbis.com/vangaurd [Accessed 12 Nov. 1998]

West Africa [London]. 3-16 August 1998. "The New Agenda."

_____. 6-26 July 1998. "Africa This Week: Nigeria: More Detainees Released."