March 13, 2008
The Secretary
African Commission on Human and Peoples’ Rights
Kairaba Avenue
P.O. Box 673
Banjul
The Gambia
Dear Madam:
COMMUNICATION BROUGHT AGAINST THE GOVERNMENTS OF ANGOLA AND NIGERIA BY HENRY OKAH AND EDWARD ATATAH ON THE VIOLATIONS OF THEIR HUMAN RIGHTS UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS
A. Background:
1. Falana and Falana Chambers, a firm of legal practitioners respectfully submits the present communication to the African Commission on Human and Peoples’ Rights with respect to the unlawful extradition of Henry Okah and Edward Atatah (hereinafter called “Complainants”) from Angola to Nigeria by the Angolan authorities and the unlawful arrest and detention of the Complainants by the Nigerian government. 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. Nigeria 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.
2. Falana and Falana Chambers engages in legal practice, and regularly litigates cases involving violations of human rights guaranteed under the African Charter on Human and Peoples’ Rights.
3. Despite their obligations under the African Charter on Human and Peoples’ Rights and other international standards to which both Angola and Nigeria are signatories, the Angolan authorities arrested the Complainants on September 3, 2007 at the Luanda Airport when returning to South Africa; and detained them until February 2008.
4. During interrogation in Luanda by the Angola security agents the Complainants were informed that they were arrested at the instance of the Federal Government of Nigeria. After a thorough investigation which lasted over 5 months the Angolan government decided to release the Complainants from custody but the Nigerian government kicked against their release.
5. On 14th of February, 2008 the Angolan government deported/extradited the Complainants to Nigeria in spite of the Complainants’ request to be allowed to travel to South Africa and thereby violated Article 12 of the African Charter.
6. The Complainants were handcuffed and forcefully deported/extradited from Luanda to Abuja on February 14, 2008 at the request of the Nigerian government.
7. As soon as the aircraft that brought the Complainants from Angola landed in Abuja on 14th February 2008 they were arrested by the armed agents of the Nigerian government and taken to undisclosed military detention custody.
8. The Complainants have not been arraigned for any offence since they were arrested and detained since the 14th February 2008.
9. The family members of the Complainants confirmed their arrest and detention by the Nigerian government from the 1st Complainant’s South African Lawyer, Piet Du Plessis.
10. The Angolan government later issued a statement to the effect that the Complainants had been repatriated and handed over to the Nigerian government.
11. The Nigerian government did not acknowledge that they were detaining the Complainants until it was reported on the Internet that the 1st Complainant had died in the course of interrogation in Nigeria.
12. 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.
13. Specifically, Article 7 of the African Charter on Human and Peoples’ Rights provides that “No one may be deprived of his freedom except for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily arrested or detained.” Article 4 provides that “…No one may be arbitrarily deprived of this right”. Similarly, Article 5 provides that “every individual shall have the right to the respect and dignity inherent in a human being...All forms of...degradation of man particularly...torture, cruel, inhuman or degrading treatment and punishment, shall be prohibited”.
14. The Complainants contend that since there is no extradition treaty between the Angolan government and Nigerian government, the process leading to the extradition, arrest and detention of the Complainants violate the provisions of the African Charter. The Complainants contend 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.
15. The Complainants further contend 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.
16. The Complainants further contend that the Angolan government did not grant them the opportunity to appeal their deportation order; they have therefore been deprived of their right to fair hearing which contravenes all Angolan domestic laws and obligations including under the African Charter on Human and Peoples’ Rights.
17. The Complainants further contend that their deportations are not only unlawful but also politically motivated, and therefore violate the provisions of Articles 7, 8 & 9 of the African Charter as the two Complainants have been denied the right of fair hearing and freedom of conscience.
18. 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 nature of the Complaint and the fact that the Complainants are still in the custody of the Nigerian government, it is virtually impracticable for the Complainants to go back to Angola in order to seek a remedy from national legal authorities. Accordingly, local remedies are not available for the Complainants.
B. Requested Relief: Complainants urge the African Commission to:
1. Find the Angolan government and the Nigerian government in violation of Articles 2, 5,6,7,8 and 9 of the African Charter on Human and Peoples’ Rights and other relevant international standards to which both Angola and Nigeria are signatories
2. Call on the Angolan government and the Nigerian government to grant to the Complainants their full human rights, including their fair trials as guaranteed under the African Charter.
3. Request the Nigerian government to either try or release the Complainants if there is no recognizable evidence against them.
4. 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 the Complainants due to the violations of Articles 7 and 9(2) of the Charter;
5. Ask the Nigerian government to allow the complainants to travel to South Africa pursuant to Article 12 of the Charter; and
6. Ask the Angolan government and the Nigerian government to adequately compensate the Complainants by paying them the sum of US $10,000,000.00 (Ten Million US Dollars) for violation of their human rights under Articles 4,5,6,7,8, 9 and 12 of the Charter
Yours sincerely,
MR FEMI FALANA
FALANA & FALANA CHAMBERS
African Commission on Human and Peoples’ Rights
Kairaba Avenue
P.O. Box 673
Banjul
The Gambia
Dear Madam:
COMMUNICATION BROUGHT AGAINST THE GOVERNMENTS OF ANGOLA AND NIGERIA BY HENRY OKAH AND EDWARD ATATAH ON THE VIOLATIONS OF THEIR HUMAN RIGHTS UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS
A. Background:
1. Falana and Falana Chambers, a firm of legal practitioners respectfully submits the present communication to the African Commission on Human and Peoples’ Rights with respect to the unlawful extradition of Henry Okah and Edward Atatah (hereinafter called “Complainants”) from Angola to Nigeria by the Angolan authorities and the unlawful arrest and detention of the Complainants by the Nigerian government. 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. Nigeria 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.
2. Falana and Falana Chambers engages in legal practice, and regularly litigates cases involving violations of human rights guaranteed under the African Charter on Human and Peoples’ Rights.
3. Despite their obligations under the African Charter on Human and Peoples’ Rights and other international standards to which both Angola and Nigeria are signatories, the Angolan authorities arrested the Complainants on September 3, 2007 at the Luanda Airport when returning to South Africa; and detained them until February 2008.
4. During interrogation in Luanda by the Angola security agents the Complainants were informed that they were arrested at the instance of the Federal Government of Nigeria. After a thorough investigation which lasted over 5 months the Angolan government decided to release the Complainants from custody but the Nigerian government kicked against their release.
5. On 14th of February, 2008 the Angolan government deported/extradited the Complainants to Nigeria in spite of the Complainants’ request to be allowed to travel to South Africa and thereby violated Article 12 of the African Charter.
6. The Complainants were handcuffed and forcefully deported/extradited from Luanda to Abuja on February 14, 2008 at the request of the Nigerian government.
7. As soon as the aircraft that brought the Complainants from Angola landed in Abuja on 14th February 2008 they were arrested by the armed agents of the Nigerian government and taken to undisclosed military detention custody.
8. The Complainants have not been arraigned for any offence since they were arrested and detained since the 14th February 2008.
9. The family members of the Complainants confirmed their arrest and detention by the Nigerian government from the 1st Complainant’s South African Lawyer, Piet Du Plessis.
10. The Angolan government later issued a statement to the effect that the Complainants had been repatriated and handed over to the Nigerian government.
11. The Nigerian government did not acknowledge that they were detaining the Complainants until it was reported on the Internet that the 1st Complainant had died in the course of interrogation in Nigeria.
12. 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.
13. Specifically, Article 7 of the African Charter on Human and Peoples’ Rights provides that “No one may be deprived of his freedom except for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily arrested or detained.” Article 4 provides that “…No one may be arbitrarily deprived of this right”. Similarly, Article 5 provides that “every individual shall have the right to the respect and dignity inherent in a human being...All forms of...degradation of man particularly...torture, cruel, inhuman or degrading treatment and punishment, shall be prohibited”.
14. The Complainants contend that since there is no extradition treaty between the Angolan government and Nigerian government, the process leading to the extradition, arrest and detention of the Complainants violate the provisions of the African Charter. The Complainants contend 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.
15. The Complainants further contend 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.
16. The Complainants further contend that the Angolan government did not grant them the opportunity to appeal their deportation order; they have therefore been deprived of their right to fair hearing which contravenes all Angolan domestic laws and obligations including under the African Charter on Human and Peoples’ Rights.
17. The Complainants further contend that their deportations are not only unlawful but also politically motivated, and therefore violate the provisions of Articles 7, 8 & 9 of the African Charter as the two Complainants have been denied the right of fair hearing and freedom of conscience.
18. 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 nature of the Complaint and the fact that the Complainants are still in the custody of the Nigerian government, it is virtually impracticable for the Complainants to go back to Angola in order to seek a remedy from national legal authorities. Accordingly, local remedies are not available for the Complainants.
B. Requested Relief: Complainants urge the African Commission to:
1. Find the Angolan government and the Nigerian government in violation of Articles 2, 5,6,7,8 and 9 of the African Charter on Human and Peoples’ Rights and other relevant international standards to which both Angola and Nigeria are signatories
2. Call on the Angolan government and the Nigerian government to grant to the Complainants their full human rights, including their fair trials as guaranteed under the African Charter.
3. Request the Nigerian government to either try or release the Complainants if there is no recognizable evidence against them.
4. 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 the Complainants due to the violations of Articles 7 and 9(2) of the Charter;
5. Ask the Nigerian government to allow the complainants to travel to South Africa pursuant to Article 12 of the Charter; and
6. Ask the Angolan government and the Nigerian government to adequately compensate the Complainants by paying them the sum of US $10,000,000.00 (Ten Million US Dollars) for violation of their human rights under Articles 4,5,6,7,8, 9 and 12 of the Charter
Yours sincerely,
MR FEMI FALANA
FALANA & FALANA CHAMBERS
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