AAAS Scientific Responsibility, Human Rights and Law Program

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AAAS Human Rights Action Network

FACTS OF THE CASE:

Chief (Otunba) Olabiyi Durojaiye, an economist and founding member of the National Democratic Coalition (NADECO), an opposition coalition, is reportedly suffering from poor health as a result of the harsh conditions of his detention. Since February 1997, the military government has refused to uphold a Federal High Court order to produce him before the Court. Chief Olabiyi Durojaiye is a prisoner of conscience possibly detained because his political status.

Chief Olabiyi Durojaiye is being detained under the military's State Security (Detention of Persons) Decree, No. 2 of 1984, which allows any individual judged to be a threat to state security to be detained incommunicado without charge or trial indefinitely. In addition, the decree removes court jurisdiction over such detentions, leaving detainees with no legal recourse or safeguards against arbitrary detention or ill-treatment. Chief Olabiyi Durojaiye suffers from high blood pressure and has been forced to sleep on the bare floor of his cell since December 1996. In addition, he has been denied access to his family and lawyers and has not been allowed to receive required medication, food, or clean clothes delivered by his family.

Chief Olabiyi Durojaiye's arrest and detention are believed to be linked to his political activities. NADECO has repeatedly been accused by the government of involvement in recent bomb attacks, although the allegations have not been substantiated. A number of other pro-democracy leaders, including Frederick Fasheun, a medical doctor, chairman of the Campaign for Democracy, and the subject of an AAASHRAN alert issued 9 June 1997, have also been detained under State Security Decree No. 2.

Chief Olabiyi Durojaiye's arrest, detention, and ill-treatment constitute clear violations of international human rights standards, including those enumerated in the Universal Declaration of Human Rights (UDHR), as well as the International Covenant on Civil and Political Rights (ICCPR), and the African Charter on Human and People's Rights (African Charter), both of which are legally binding on Nigeria as a State Party. These rights include:

• the right to life, liberty, and security of the person (Article 3 of the UDHR, Article 9 of the ICCPR, and Article 6 of the African Charter);
• freedom from torture or cruel, inhuman or degrading treatment or punishment (Article 5 of the UDHR, Article 7 of the ICCPR, and Article 5 of the African Charter);
• freedom from arbitrary arrest and detention (Article 3 and 9 of the UDHR; Article 9 of the ICCPR; and Article 6 of the African Charter); and
• freedom of expression (Article 19 of the UDHR; Article 19 of the ICCPR; and Article 9 of the African Charter.

(Source of information for this case includes Amnesty International Urgent Action Alert, UA 289/96, 9 June 1997.)

RECOMMENDED ACTION:

Please send telexes, telegrams, faxes, or airmail letters:

• expressing concern about the poor health of Chief Olabiyi Durojaiye because of his ill-treatment while in detention;
• demanding that Chief Olabiyi Durojaiye be allowed access to his family, legal representation of his choosing, and appropriate medical care; and
• calling for Chief Olabiyi Durojaiye's immediate and unconditional release on the grounds that he is a prisoner of conscience.

APPEAL AND INQUIRY MESSAGES SHOULD BE SENT TO:

General Sani Abacha
Chairman, Provisional Ruling Council
State House, Abuja
Federal Capital Territory
NIGERIA
fax: 011 234 9 523 2138
telegram: General Abacha, Abuja, Nigeria


Dr. Auwalu Hamisu Yadudu
Special Adviser to the Head of State on Judicial M
State House, Abuja
Federal Capital Territory
NIGERIA
telegram: Dr. Yadudu, State House, Abuja, Nigeria


Major-General Abdulsalam A. Abubakar
Chief of Defense Staff
Provisional Ruling Council
State House, Abuja
Federal Capital Territory NIGERIA
telegram: Chief of Defense Staff, Abuja, Nigeria

COPIES SENT TO:

Chief Tom Ikimi
Minister of Foreign Affairs
Ministry of Foreign Affairs, Maputo Street
PMB 130, Abuja
Federal Capital Territory
NIGERIA
The Editor
The Sunday Punch
PMB 21204, Ikeja, Lagos
NIGERIA
The Editor
The Daily Times
PMB 21340, Ikeja, Lagos
NIGERIA
The Editor
The Sunday Tribune
PO Box 78, Ibadan, Oyo State
NIGERIA
The Editor
PM News
PMB 21531, Ikeja, Lagos
NIGERIA


Ambassador Wakili Hassan Adamu
Embassy of the Federal Republic of Nigeria
1333 16th St., NW
Washington, DC 20036

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