Embattled leaders of the Movement for the Emancipation of the Niger Delta (MEND), Messrs. Henry Okah and Edward Atatah, yesterday dragged the governments of Nigeria and Angola before the African Charter on Human and Peoples’ Rights over what they call a violation of their human rights.
The duo who were recently arraigned for treason by the Federal Government in Abuja, called on the Commission to compel both Nigeria and Angola to grant them their full human rights, including fair trials as guaranteed under the African Charter; and for Nigeria to either try or release them if there is no recognisable evidence against them.
Also, for allegedly violating their fundamental rights to freedom, both complainants urged the African Commission to call on the concerned governments to adequately compensate them with the sum of ten million United States (US) dollars.
The reliefs were contained in a three-page petition brought against Nigeria and Angola by the incarcerated militants, which was sent to the Commission on their behalf by Mr. Femi Falana, President of the West African Bar Association (WABA).
The petition, dated March 13 , and sent to the Secretary of the African Commission in Banjul, The Gambia, Falana focused on the alleged unlawful extradition of Okah and Atatah from Angola to Nigeria by the Angolan authorities and the unlawful arrest and detention of the complainants by the Nigerian government.
The human rights lawyer retraced the plight of the duo from their arrest by the Angolan government on September 3, 2007 to their extradition to Nigeria on February 14, and their subsequent detention. He also averred that the complainants have not been arraigned for any offence since they were arrested and detained since February 14.
According to Falana, “the complainants contend that both the Angolan government and the Nigerian government have breached their obligations to ensure to every individual, including the complainants, the right to liberty and to the security of person; and their obligations to refrain from subjecting the complainants to a cruel, inhuman or degrading punishment and treatment�; contrary to Article 7 of the African Charter on Human and Peoples� Rights.”
They also contended that since there is no extradition treaty between the Angolan and Nigerian , the process leading to their extradition, arrest and detention violate the provisions of the African Charter; and that non-national legally admitted in a territory of a State Party may only be expelled from it by virtue of a decision taken in accordance with the law but that is not the case in the instance case.
They further contended that the treatment they received in the hands of the security agents of the Angolan government and the Nigerian government violated their rights to human dignity and freedom of movement.
They as well averred that their deportation was not only unlawful but also politically motivated, and therefore violated the provisions of Articles 7, 8 & 9 of the African Charter as they have been denied the right of fair hearing and freedom of conscience.
�The complainants are filing this complaint with the African Commission because they are being detained outside the state which instigated their unlawful extradition that subsequently led to their unlawful arrest and detention and thus where the remedies would be available. Considering the fact that the complainants are still in the custody of the Nigerian government, it is virtually impracticable for them to go back to Angola in order to seek a remedy from national legal authorities. Accordingly, local remedies are not available for the complainants�, the communication read.
They called on the African Commission to request the Nigerian government to either try or release them (complainants) if there is no recognisable evidence against them; to ask the Angolan government to take steps to vacate the deportations of the complainants and to take all other steps necessary to ensure adequate redress to them due to the violations of Articles 7 and 9(2) of the Charter.
They also urged the Commission to ask the Nigerian government to allow them travel to South Africa pursuant to Article 12 of the Charter; and to ask both Angola and Nigeria to adequately compensate the complainants by paying them the sum of ten million US dollars for alleged violation of their human rights under Articles 4,5,6,7,8, 9 and 12 of the Charter.
Both Angola and Nigeria are members of the African Union (AU) and states parties to the African Charter on Human and Peoples� Rights (African Charter). Nigeria ratified the African Charter on 22nd July, 1983, and has further incorporated the African Charter into its domestic law through the African Charter on Human and Peoples� Rights (Enforcement and Ratification) Law Cap 10 Laws of the Federation of Nigeria. Angola ratified the African Charter on Human and Peoples� Rights on 2nd March 1990, and deposited the instrument of ratification on 9th October 1990.
Mar142008