Socio-Economic Rights and Accountability Project (SERAP) has petitioned the Libyan President Muammar Gaddafi urging him to use his “good offices and leadership to secure the release of Nigerians still on death row in Libya pursuant to the provisional measures granted by the African Commission on Human and Peoples’ Rights.”
Socio-Economic Rights and Accountability Project (SERAP) has petitioned the Libyan President Muammar Gaddafi urging him to use his “good offices and leadership to secure the release of Nigerians still on death row in Libya pursuant to the provisional measures granted by the African Commission on Human and Peoples’ Rights.”
The Provisional Measures with reference number ACHPR/PROVM/LIB/01/75. 09 was issued on 9 September 2009, and signed by Commissioner Bahame Tom Mukirya NYANDUGA, the then Acting Chairperson of the African Commission.
In an open letter dated 26 October 2010, and signed by Solicitor to SERAP, Mr Femi Falana, the group told the Libyan leader that, “We have welcomed the decision by the Libyan authorities to accept the provisional measures and the subsequent release of many of the Nigerians on death row in Libya.”
“We are however concerned that several more Nigerians remain on death row in Libya and facing real possibility of execution. They are: Adepoju Adebowale; David Okiki Afolabi; Okurobo Osazemhide; Livingstone Michael; Dr Micky Ranny Uche; Kennedy Ukeoma Jude; Gani Olu Otun; and Don Camara Emmanuel Nwabueze. Others are: Abdullah Osman Ibrahim; Ogu Rapulu Richard; Emmanuel Ude Udeji; Abdullah Usman Umor; Emmanuel Michael Moses; Scott Robeson Ekhator; John Andrew; Jude Idahosa; Haruna Suleman; Declan Nnamdi; Juliana Okolo; Okhaneku Mohammed Dialo; Friday Etiseh; Abukaz Mohammed Abubakar; James Amala Amala, and Isaac Ediagbonya Eghosa,” the group also said.
According to Falana, “We have gathered from our correspondence with some of the death row prisoners that most of them were arrested and charged mainly with immigration offences. One of the death row prisoners informed me that, “I was accused of an offence committed before I came to Libya. I came to Libya on 9th of April 2004 and was arrested the following day for illegal immigration. I was tortured and forced to thumbprint a document written in Arabic.”
The group also said that, “Some Nigerians on death row have recently been executed. They include: Chika Samuel; Andrew Agatah; Musa Victor; Chika Michael; Musa Morgan; Jacob Silas; Lukman Omegboji; Wisdom; Levinus; Omegie; Dili; and Egbuko.”
“The execution of these Nigerians is an affront to the authority and integrity of the African Commission, a pan African human rights body charged with overseeing the implementation of the African Charter on Human and Peoples’ Rights to which Libya has subscribed. It also breaches a resolution by the African Commission calling for moratorium on the execution of the death penalty,” the group added.
The group also said that, “We are seriously concerned that the partial release of Nigerians on death row in Libya violates the letter and spirit of the provisional measures issued by the African Commission. What is required is a full and complete compliance with the provisional measures, which is a stay on the execution of Nigerians on death row in Libya pending the final determination of the case brought by SERAP before the African Commission. Since your government has already released some Nigerians on death row, we urge you to do the same for the above named death row prisoners, and other Nigerians that remain on death row in your country.”
The group also asked the Libyan leader to “Urgently intervene to stop further execution of Nigerians still on death row in Libya. Releasing the Nigerians would be entirely consistent with your government’s earlier action, and contribute to safeguarding the authority and integrity of the African Commission, an organ of the African Union, an institution that your government helped to establish. It would also send a powerful message to members of the international community that African leaders have the courage to comply with decisions of an African regional human rights body, which they spent so much to establish and sustain.”
“We note that the above named prisoners have been denied their internationally recognized human rights to communicate with their embassy or consular post; to competent and effective legal representation; to trial within a reasonable time or to a release; to trial by a competent, independent and impartial tribunal established by law; to the presumption of innocence; to an interpreter and to translation; to appeal to an independent and impartial tribunal, and fair trial guarantees during appeals,” the group added.
Signed
Adetokunbo Mumuni
SERAP Executive Director
26/10/2010
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