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68
NIGERIA
‘WAITING FOR THE HANGMAN’
27 UNHCHR, UN Expert On Extrajudicial Executions Says Nigeria
Must End Extrajudicial Executions (28 March 2007).
28 Amnesty International interview, Lagos, 17 July 2007.
29 Lagos State is in the process of establishing a forensic facility but
it is not yet operational.
30 Exchange rate: 0.008502, Rate valid as of 8 September 2008.
31 Nigeria Police Force, 2007 Annual report.
32 Amnesty International and LEDAP interview, Lagos, 3 March 2008.
33 LEDAP interview, Kaduna, 25 May 2006.
34 Amnesty International, Prisoners’ rights systematically flouted,
Index: AFR 44/001/2008, February 2008.
35 Amnesty International and LEDAP research, based on prison
administrations of four prisons. In most cases, the date of charge is
included which is in most cases not the date of arrest or admission
to the prison. Many suspects of capital offences are remanded to
prison on a holding charge and only charged after years of waiting.
36 Amnesty International interview, Enugu, 21 July 2007 and LEDAP
interviews, 2005 and 2006.
37 Amnesty International interview, July 2008, Abuja.
38 Amnesty International and LEDAP research; LEDAP, Who has the
right to kill, a report on the death penalty in Nigeria, 2001-2003.
39 Access to Justice, Breaking point – How torture and the police
cell system violate justice in the criminal investigation process in
Nigeria, Lagos, 2005.
40 Amnesty International interview, Lagos, July 2008.
41 Amnesty International interview, Abuja, 15 July 2008.
42 Amnesty International and LEDAP interview, Kano, 25 July 2007.
43 This right is laid down in article 14(3)(d) of the ICCPR; Body of
Principles for the Protection of All Persons under Any Form of
Detention or Imprisonment, Principle 17(2); Basic Principles on the
Role of Lawyers, Principle 6.
44 Human Rights Committee, Henry and Douglas v Jamaica, No
571/1994, 26 July 1996, UN Doc CCPR/C/57/D/5711994, para 9.2.
45 The Human Rights Committee stated in a case where the
accused’s lawyer had displayed no interest in the case and failed to
challenge the prosecution, and, despite objection by the accused,
the court appointed the same lawyer for the appeal, that the right to
counsel was violated. See: Pinto v. Trinidad and Tobago, (323/1987),
20 July 1990.
46 Amnesty International interview, Abuja, 15 July 2008.
47 Article 14(3)(b) of the ICCPR, Paragraph 2(E)(1) of the African
Commission Resolution.
48 Principle 21 of the Basic Principles on the Role of Lawyers,
Article 67(2) of the Rome Statute of the International Criminal Court.
49 Amnesty International and LEDAP interview, Lagos, 3 March 2008.
50 Fatai Olayinka v The State, S.C. 279/2003, Supreme Court of
Nigeria, 20 April 2007.
51 Amnesty International interview, Lagos, 18 July 2007 and LEDAP
interviews, 2007 and 2008
52 LEDAP interviews, Lagos, 2006, 2007 and 2008.
53 Amnesty International and LEDAP research.
54 Amnesty International interview, Lagos, 18 July 2007.
55 World Organisation Against Torture and CLEEN, Rights of the
Child in Nigeria, 2005. http://www.cleen.org/nigeria_ngo_report_
OMCT.pdf, accessed 6 August 2008.
56 According to the judgment of the Imo State Robbery and Firearms
Tribunal, Onuoha was born on 3 March 1978. His mother however
asserted that he was born on 3 November 1979.
57 Imo state Robbery and Firearms (special provisions) tribunal,
Holden at Owerri.
58 By mistake, the name used in court and in the prison is Patrick
Okoroafor. His real surname is Okorafor.
59 Imo state Robbery and Firearms (special provisions) tribunal,
Holden at Owerri.
60 Imo state Robbery and Firearms (special provisions) tribunal,
Holden at Owerri.
Amnesty International October 2008 Index: AFR 44/020/2008