Human Rights,

Related Conflicts

&

State Security

In Nigeria

1999-2006

B y Joseph Adeyemi Sangosanya

First Published in July, 2006

Christian Foundation for Social Justice and Equity

Trust White House,

No. 34, West of Mines,

Off Kurra Road,

Near Hotel De-Cardamon,

P.O. Box 7533, Anglo-Jos,

Jos, Plateau State.

Nigeria.

E-mail: cfsje_nig@yahoo.com

Jo_sanya@yahoo.com

Copyright ©

Christian Foundation for Social Justice and Equity

(Equity Foundation) July, 2009.

All Rights Reserved

Whole or part of this publication may be reproduced if the

Publishers are quoted and acknowledged.

Printed in Nigeria by:

Seeds of Peace Production

Jos- Plateau State.

08036233551,07093083943

ISBN: 978-33483-8-8

■ Acknowledgement ■

his work has been made possible with the

assistance of the National Endowment for

Democracy (NED) who funded part of the

production. Our appreciation goes to Mr. Stephen

Rak who served as a Research Assistant during the

study; Mr. Benjamin Lwahas and Mr. Olajide

Afolabi of the Christian Foundation for Social

Justice and Equity, Jos, who painstakingly

proofread sections of the document at various

stages of its preparation and Miss Oluchi Godwin of

the same organization for typesetting the work.

We also thank Mr. Steve Aluko-Daniel, Zonal

Director of the Civil Liberties Organization, North

Central Zone, Jos and Prof. Dung Pam Sha of the

Department of Political Science, University of Jos

for their encouragement and valuable comments at

various phases of the study. In fact these

comments improved its quality. We however take

absolute responsibility for whatever inadequacies

that may be identified in the study.

■ Contents ■ Chapter One

Introduction

Chapter Two

Conceptual and Theoretical Framework (Correlation

between Conceptual, Human Rights and State Security)

Conflicts

Human Rights

State Security

Chapter Three

Zonal Accounts

North-East Zone

North-West Zone

North-Central Zone

South-West Zone

South-East Zone

South-South Zone

Chapter Four

Conflict and State Security

Chapter Five

State Security and Human Rights

Some threats to Internal Security and Human Rights

T

Chapter Six

What is to be done?

Strategies for curbing Conflicts

Strategies for promoting State Security

Strategies for promoting Human Rights

Chapter Seven

Conclusion

Bibliography

APPENDIX I

Fundamental Rights Section of the Nigerian

Constitution 1999

APPENDIX II

African Charter on Human and People’s Rights

APPENDIX III

United Nations Charter on Human Rights 1948

■ Chapter One ■

Introduction

Nigeria has existed as a federation since

independence in 1960. This federalism dated back

to 1954 under colonial power, it had hitherto been

administered largely as a unitary state, got

restructured into three quasi-self governing and

administered regions. This feature has continued

with regions/state being periodically split into

smaller ethnically more homogenous units. By

1999, the country had evolved from the centralized

authority of the pre-1954 period into a federation

of 36 states including the Federal Capital Territory,

Abuja.

The adoption of Federalism by Nigeria can be

ascribed largely to its diversity in terms of

geography, ethnicity and culture. With landmass

covering more than 900,000 sq km and over 250

ethnic groups; it possesses diverse social and

cultural values in distinct geographical and

ecological zones. Given such ethnic plurality as well

as cultural and regional diversity; the country could

hardly be governed efficiently and effectively as a

political unit by a centralized authority. Federalism

has, therefore, been generally accepted by

Nigerians as the most suitable political

arrangement that would allow the diverse

elements to retain some identity and at the same

time derive in the context of a united country,

benefits from the richness of resource and large

domestic market.

Thus in reality, this often translates into

competition and/or struggles between the powerful

and the weak, between the rich and the poor in

the context of the federating units as well as in the

sense of the socio-economic and class

configurations within the federation. In any plural

society, federalism is about equality and equity,

justice and fair play amongst both the constituent

units and the communal groups that make it. It is

also about special mobilization and utilization of

societal resources in a manner that facilitates

balanced growth and development. The operation

connotes constitutionalism, respect for rule of law

and responsive government. The Nigeria example

has been bedeviled with prolonged military rule, a

convoluted democratic tradition and heavy

dependence on a single revenue base. Through

these years, the center had become strong while

the federating units becoming weak. The polity has

been badly managed with little successes.

The greater the sense of equity, fairness and

justice in the functioning of the system, the more

the likelihood of stability, harmonious co-existence

and sustained growth within it. Similarly, the

stricter to the adherence to the rule of law and the

constitution in the exercise of powers, the greater

the sense of perception of justice and eventually

the less conflictual conduct of politics. Like a

recurring decimal, distrust gained high currency

among Nigeria’s federating units. The advent of

military rule, civil war, state creation, increase in

petro-naira, demands for desirable harmonization,

international trade and globalization gave rise to

this distrust, thus, by May 1999, the federation

was characterized by a very strong central

government, popular agitation for a more

decentralized structure, dissatisfaction with the

distribution of available resources, conflicts that

threaten state security and demands by some sub-

national groups for greater self determination.

Consolidating democracy in Nigeria entails the

existence of a modern state, which can respect

and protect the rights and ensure the security of

lives and properties of its citizens, while on their

part, the citizens must perform their constitutional

duties and obligations expected of them by the

state. The Nigerian federalism has thrown up

vexed issues like human rights, conflicts and

threats to state security which this work intends to

examine. The pursuance of basic and human rights

in the third and fourth republics accounts for the

sad state of affairs today.

This is not without the universality and embedded-

ness of conflict in social relations. This book,

though not exhaustive, is a modest contribution to

the debate and literature on these triple issues of

human rights, conflict and state security as they

among many related issues, threaten the corporate

existence of Nigeria. It is also a solution towards

the functional efficacy of our federation. In the

foregoing chapters, we theoretically correlate

conflict, human rights and state security, consider

some zonal accounts form the six geopolitical

zones, analyze the political economy of conflicts

and state security vis-à-vis human rights and state

security. Finally, a way forward is laid bare through

strategies that can curb conflicts, promote state

security and human rights.

■ Chapter Two ■

CONCEPTUAL AND THEORETICAL FRAMEWORK

INTRODUCTION

Conceptualization as an exercise of the nature

being undertaken in this book is crucially important

because of the multiplicity of the overarching

issues that must be brought into defining a way

forward to our socio-political debacles. It is a

known fact that we live in an age of conflicts. We

are increasingly confronted by the resurgence of

several conflicts that pose a mortal challenge to

the state in seeking to come to terms with the

phenomenon of the resurgence of these conflicts,

the political economy approach will be used.

Conceptually speaking, political economy can be

viewed from three stand points. First, it can be

viewed as totaling scientific model of analysis. And

second, as a the context within which socio-

economic retaliation takes place, and more

importantly, as the tool for understanding the

material production in societies and the

construction of social forces and classes (AINA,

1986:1).

Nigeria has existed as a federation since

independence in 1960. This federalism dated back

to 1954 when under colonial power, it had hitherto

been administered largely as a unitary state, got

restructured into three quasi-self governing and

administered regions. This feature has continued

with regions/states being periodically split into

smaller and ethnically more homogenous units. By

1999, the country had evolved from the centralized

authority of the pre-1954 period into a federation

of 36 states, including the Federal Capital

Territory, Abuja.

The adoption of federalism by Nigeria can be

ascribed largely to its diversity in terms of

geography, ethnicity and culture. With landmass

covering more than 900,000sq km and over 250

ethnic groups, it possesses diverse social and

cultural values in distinct geographical and

ecological zones. Given such ethnic plurality as well

as cultural and for us the political-economy

approach, integrative as it provides a ready tool for

a more concrete and deeper penetration of social

realities and phenomena. As a methodological tool

on the other hand, it assigns primary and material

(economic) factors as opposed to cognition which

depends on the former. Generally speaking, this

approach upholds that in any society such as

Nigeria, the economic factors are pre-eminent and

ultimately determine the essence and character of

other spheres of social existence and interaction

both in the area of politics, culture, religion etc.

that is not to say in anyway, that it denies the

influence and inpact of non-economic factors on

the economic base. In effect, our argument is that

if you understand how the economic system is

organized, as in the words of AKE: what the

material assets and constraints of a society are,

how the society produces goods to meet its

material needs, how goods are distributed and

what type of social relations arise from the

organization of production as well as the

relationship that exists between the State and its

citizens in Nigeria, we have come a long way to

understand the culture of that society, its laws, its

religious system, its political system and even its

mode of thought (AKE; 1981:1).

Political economy also sees society in a condition of

constant change, thus being propelled by conflicts

which results from the interdependence and

interconnectedness of various faces of our social

and material existence in which the various classes

play a role, the conflict being resolved either for

the better or worse which also being to bear the

role of the state either as a partial or neutral

arbiter in both guaranteeing of the citizen’s rights.

This method which proceeds from thesis to

antithesis and synthesis, that rejects unobservable

phenomenon but lays emphasis on social reality

and analyses contradictory elements of abundance

and misery, liberty and oppression, super

coordination and subordination class conflicts etc.

which represents in our view the most scientific

tool of analysis for penetrating the essence of

social phenomenon of which human rights and

conflict are apart (McCarthy, 1978:812).

Consequently, our analysis is informed by the

nature of socio-economic formations that existed

and still exist in Nigeria which emphasizes the role

of the State and its interaction with political and

economic factors, the character of polity which is

partial and the legal system that guarantee human

rights for all. The role of various social groups and

the interconnectedness and interdependent

character of our material and social existence,

economic order, politics, culture and the psychic

condition of the people shows that they are better

analyzed, understood and influenced if they are

clearly visualized as a comprehensive totality not

disjointed morsels of historical process (Eze,

1991:111).

Within the premise of the political economy

framework, we shall not be obsessed with the

conceptualization on theoretical insight relevant to

our understanding and analyzing social

phenomena.

CORRELATION BETWEEN CONFLICTS, HUMAN

RIGHTS AND STATE SECURITY

CONFLICT

Conflict connotes a wide variety of definitions and

it does exist at different levels of human existence

ranging from the individual to the groups or

nations. It is centered around situations involving

two or more parties that are engaged in

antagonistic positions, competition and/or struggle

to establish supremacy over the other. This stems

from mutually incompatible goals. It starts from

mere differences to disagreements, to opposition,

to antagonism, to hostilities and finally war. It is

also exploitative in politics, economic, social, ethnic

and cultural spheres of life. Conflict is a situation of

disharmony within an interaction process which

often occurs as a result of clash of interest

between contending groups involved in a form of

relationship (Sha & Sangosanya; 2005). The

Marxian interpretation of laws of change ties

conflict with societal process. That progress occurs

through conflict and struggle between opposing

forces. It is therefore see as a means to change. It

is the means by which social values of welfare,

justice, security and opportunities for personal

development can be achieved.

Conflict situations appear with frequency in daily

public and public life. These conflicts may be on a

small or large scale, they may occur within and

among groups, communities or nations, and they

may be triggered by ethnic, racial, religious

differences or arise from differences in values,

beliefs and attitudes regarding issues. Conflicts

often results from socio-economic, ethnic,

religious, cultural, social and gender differentiation

within the context of scarce resources and

struggles for their control by different groups

(Alemika: 2002:2). Conflict also occurs whenever

there is perceived divergence of interest or a

believe that the parties’ current aspirations cannot

be achieved simultaneously (Pruitt D.G. & Rubin

J.Z. 1984:4).

The struggle over values and claims of scarce

status, power and resources in which the aims of

the groups in conflict are to neutralize, injure or

eliminate their rivals is often referred to as conflict.

In the words of Herbert Kelman, ‘some degree of

conflict is an inevitable and often desirable process

in any social system… the problem is not to avoid

conflict but to prevent it from turning to mass

destruction (Kelman 1981:108). Conflict is also

viewed as arising over interest or over an issue or

scarce resources or even over perceived

deprivations (Tanko: 2002:295).

STAGES OF CONFLICT/CYCLE OF CONFLICT

TRANSFORMATION

Every conflict has a life span of different stages.

These stages are useful to understand at what

level conflict is with a view to assist in designing of

appropriate counter measures.

According to IDASA (Institute of Democracy in

South Africa) Toolkit on Analyzing Conflicts, the

normal lifespan of a conflict is seven stages named

the Conflict Progression Model. For practical

purposes, this model can be collapsed into four

stages called the Conflict Transformation Cycle.

This model sees conflict as a continuum that

comes from stages: a) conflict formation b) violent

conflict c) conflict transformation and d) social

change. The model shares similar values with

conflict progression model but only broke the

seven stages into four-conflict formations

(formative and escalation stages); and social

change. The conflict progression model as has

been noted above covers seven stages. What

follows is an explanation of the seven stages and

the interface or linkages between the progression

and the transformation cycle model.

1. Formative stage: Early Warning Signs (EWS)

occur but are often ignored and this leads to

changes in attitudes and behaviors.

2. Escalation stage: Sides are taken, positions

hardened, perception distorted, formation of

enemy images, resources committed,

inflammatory statements, threats, conflict

gets out of immediate environment and

action commenced.

3. Crisis stage: Conflict becomes physically

identifiable, expression of side-taking in

physical terms; discomfort for people

affected; breakdown of social structures and

collapse of social services.

4. De-escalation stage: Gradual decline in

conflict either due to fear of consequences;

weariness; hunger; effects of collapsed

social services; triumph or vanquish and

external intervention.

5. Improvement stage: Improved rational

behavior; better inclination for dialogue;

recognition of other party’s views and

concerns.

6. Transformation stage: Causes of conflict

removed, positive shifts in attitudes and

behavior; agreements and settlement

reached.

7. Social change: Has to do with peace

building. It must be noted that this moment

is vital and critical, if the transformation

stage collapses, then the conflict cycle

begins again. The challenge is to eradicate

all causes of conflict so that the conflict does

not recycle back to stage one.

At every stage of conflict analysis, there are certain

general and specific issues that are revealed. Some

of these issues include type, nature and structure

of conflict. The character of conflicting parties,

power and group dynamics, positives maintained

and interest promoted, needs, fears and concerns

of parties, causes, trend, sparks and triggers of

conflict. Perception maintained and behavior

exhibited and resources available are mobilized.

HUMAN RIGHTS

The concepts of human rights are traceable to the

idea which concerns natural laws which were

developed by Greek philosophers. It replaced the

concept of natural laws with the end of the Second

World War and the establishment of the United

Nations Organization in 1945 (Jabiu, et al 1981:1)

Human rights are the rights to life, personal

freedom, fair hearing, freedom of conscience,

peaceful assembly and association etc. which are

not given by the state. This is why the

performance of states in respect of human rights

are subjected to international evaluations.

Human rights are the rights to which people are

entitled to by virtue of their beings which have

been carried into several human rights

declarations. This include; Magna Carta (1215), the

Bill of Rights (1688), the American Declaration of

Independence (1776), the French (1789), the

Universal Declaration of Human Rights adopted by

the United Nations (1948), the Nigerian

Independence Constitution (1960), the African

Charter on Human and Peoples Rights (1981)

respectively (Enemuo, 1999:148). Nigeria is a

member of the United Nations Charter on Human

Rights (1948). She is also a signatory to the

African Union Human Rights and Peoples Rights

Charter (1981). On the basis of these two charters,

all government in Nigeria have the obligation to

enforce human and peoples rights and to uphold

the rule which all men or a clear majority of people

whose toil keep society alive and would prefer if

they had a choice. These include, life, love,

kindness, truth, justice or fairness, equality of

opportunity, security, instability, cooperation and

friendliness, dignity, non-exploitation, non-

subjugate to detrimental discrimination, freedom

and ability to make choices that can also make

peace i.e. freedom from other people’s aggression,

honest dealings, comfort, shelter, health,

happiness, strength against disabilities, opportunity

to work at least for sustenance, access to the

means of life i.e. command over resources needed

to sustain life or promote conflict or happiness.

The opportunity and ability to use one’s life,

enhancing the foregoing, advocacy and

organization and rebellion from the foregoing

values (Toyo: 2001:3-4). In his own contributions

to the human rights discourse, Obaseki observed

that “human rights have been variously described

as the right of man or fundamental freedom, they

are claimed ad asserted as those which should be

or of law. Where a government fails to pressure

these rights, and thereby ceases to serve the end

for which it was created or established, the people

have the right and duty to rebel against such a

government and even replace it as the case may

be. John Locke argued that: “obedience to

government is based on the fact that men join

together in civil societies and form government

only for one reason, the mutual preservation of

their lives, liberties and estates (Ebesten,

1968:389). Human rights according to Eskar Toyo

are “attributes sometimes stated to be those which

are largely recognized and protected to secure for

each individual, the fullest and freest development

of personality and spiritual, moral and other

independence. They are conceived as rights

inherent in individuals as rational free willing

creatures, neither conferred by some positive law

nor capable of being abridged or abrogated by

positive law (Obaseki, 1992:247)”.

Within the premise of our discussion so far, it can

thus be said that the recognition of the basis rights

of the citizen is one of the hallmarks of democracy

and good governance. This is also clear that

popular participation is meaningful only to the

extent that the citizens enjoys these rights. This

fact is buttressed by the guarantee of rights of

citizens contained in every modern constitution.

Classification of Human Rights

Human rights have been classified or categorized

into civil and political rights, economic, social and

cultural rights. Under the civil and political rights

umbrella are such traditional rights such as rights

to life, freedom, dignity of human person, freedom

of expression, religion and association. These are

given prominence under the International

Covenant on Civil Political Rights 9ICCPR).

Economic, Social and Cultural rights relate to the

rights of education, fair and descent standard of

living and itself, promote its cherished values and

legitimate interest and enhance the wellbeing of its

people. Thus, state security could be seen s the

freedom from absence or the absence of these

tendencies which could undermine internal

cohesion. And the corporate existence of the

nation and its ability to maintain its vital

institutions for the medicare, trade union right,

adequate shelter, social security rights are the

subject of the International Covenant on

Economic, Social and Cultural Rights (ICESCR). It

is important to state here that such classifications

are for the sake of convenience as one right can fit

into all the other classification.

Classification in the Nigerian Context

Under the 1999 constitution, the following rights

are recognized:

Right to life s 33

Right to dignity of human person s 34

Right to personal liberty s 35

Right to fair hearing s 36

Right to private and family life s 37

Right to freedom of thought, conscience and

religion s 38

Right to freedom of expression and the press s 39

Right to freedom of assembly and association s 40

Right to freedom from discrimination s 42

STATE SECURITY

Generally, security has to do with freedom from

danger or threat to a nation’s ability to protect and

develop its core values and socio-political and

economic objective as well as meeting the

legitimate aspiration of the people. State security

also implies freedom from danger to life and

property and the presence of a conducive

atmosphere for the people to pursue their

legitimate interest within the society.

Defining Security

Security according to some scholars is a nebulous

and illusive concept that means different things to

different people. This elusiveness causes people to

approach, understand and treat the concept in

different ways. Individuals, groups and

governments have done a lot in the name of

security and have abused it in the process.

Atrocities have been committed in the name of

security, most definitions of security have been

associated with the realist school of power and

international relations which define security from

the point of view of national security. From this

standpoint, security is associated with national

armies and the armed forces generally, elevating it

beyond the common people’s arena.

Ian Belanny, for instance defines security as “… a

relative freedom from war, coupled with a

relatively high expectation that defeat will not be a

consequence of any war that should occur”

(Belanny). Arnold Wolfers on this part sees security

as the absence of threats to acquire values in a

subjective sense, the absence of fear that such

values will not be attacked (Wolfers, 1962:150).

Johan Galtung sees security as the probability that

a system (human, world, economic) can be

sustained. Lawrence Martins (1983:12) views it as

“relative freedom from harmful threats”. The

Penguin Dictionary of International Relations sees

security as denoting the absence of threats to

scarce values… freedom from all threats (p. 490).

We shall then see security as related to all the

above definitions offered and therefore define it as

freedom from dangers, fear and anxiety and the

ability to achieve goals and plan for the future

without fear of those opposed to one’s goals

posing an obstacle.

That the search for security has been unending,

preoccupation of the state and man in particular

needs no restatement. In fact, the origin of

organized society has been linked to the quest for

security by man (Ibidapo-Obe, 1995).

Thomas Hobbes in his social contract theory

suggest that, it was this unending search for

security from a life that was “solitary, poor, nasty,

brutish and short” that led man to surrender some

of his rights “to someone representing the

collectively” (Russel, 1979). That institution which

is seen as representing the collective is what is

popularly referred to as the state. Therefore, the

state remains the single most viable organization

for both the protection and provision of security of

lives and property of the people. The 1999

constitution of the Federal Republic of Nigeria in

relation to the security obligation of the state

stipulates, “the security and welfare of the people

shall be a primary purpose of government”

(Constitution of the Federal Republic of Nigeria

1999).

Although, the Hobbesian state was created to

provide security in return for the obedience of the

subject, many states today constitute a threat to

their citizens and their own very survival. Here “the

state is both a racketeer and a threat to itself and

its citizens (Tillet, 1985). McNamara opines that,

security is not military force, though it may involve

it, security is development and without

development there can be no security (McNamara

1968). Security has to do with the readiness and

capability of a country to contain internal and

external threat to its existence and wellbeing (the

military dimension) and ensure the socio economic

welfare of its people (the developmental

dimension) (Tyoden 2002).

Within the context of Nigeria’s security

consideration and objective, General Moh’d Buhari

captures Attahiru Jega’s conception of security as

follows: Nigeria’s security objective can be itemized

as consisting of the following concerns: peace and

stability; ethno-religious/communal harmony;

peaceful co-existence, food security, sustainable

socio-economic development and domestic

development which involves strengthening the rule

of law, creating a Democratic Political Culture,

Nurturing Civility, promoting good governance,

transparency and accountability and facilitating

institutional and structural reforms amendable to

demonstration (Buhari 2002). Within this context

also, President Obasanjo stated in the words of

Tyoden that; the primary objective of national

security shall be to strength the Federal Republic

of Nigeria, to advance her interest and objectives,

to contain instability, control crime, eliminate

corruption, enhance genuine development,

progress and growth, improve the welfare and

wellbeing and quality of life of every citizen

(Tyoden, 2002).

State security can then be seen as the totality of

the nation’s equilibrium state which needs to be

maintained so that the nation can carry out its

normal functions without unnecessary interruptions

from anywhere. The citizen expected government

to make provision for the protection of life and

property. The security needs of any nation

depends to a large extent, on certain basic facts.

These state machinery including political, social

and economic; the relative satisfaction on the part

of the human elements of the state and the

general state of alertness of the citizens of the

state.

■ Chapter Three ■

HUMAN RIGHTS CONFLICTS IN NIGERIA

(ZONAL ACCOUNTS)

INTRODUCTION

Since 1999, an atmosphere of insecurity has

enveloped the polity. Violent conflicts broke out in

unanticipated proportions. These conflicts have

violated the citizen’s rights in several respects. The

termination of military rule led to a new sense of

freedom in which this freedom has been led into

license. Over the past seven years, there have

been at least over a hundred cases of conflicts,

communal and political and other homicides

became rampant in the system not different from

the situation under military rule. The assassination

of the late Minister of Justice, Chief Bola Ige,

arshall Harry, A.K. Dikibo, the PDP Chairman in

Kogi State Chairman, Anambra Brach of the Nigeria

Bar Association and his wife among others,

showed how life has become really unsafe. The

entourage of the Governors of Nigeria, Plateau,

Lagos and Benue have been attacked; attempted

murders have occurred with frontline politicians,

the murder of the wife of Second Republic

Governor of Kano State, Abubakar Rimi etc. Death

toll rise, innocent citizens were rendered homeless,

properties recklessly destroyed, sacred places of

worship vandalized and burnt, and security

agencies were rendered important by the

magnitude of violence unleashed from these

conflicts. In this section, special attention is given

on the perspectives and experience of different

parts of the country. The case studies illustrate

issues that bind Nigeria regions either collectively

or separated defined as either clan, ethnic group,

religion, state or zone in national politics and

economy. It would be recalled that the

constitutional conference of 1994/95, informally

divided Nigeria into six geo-political zones. These

zones were regarded as development zones and

zones for sharing resources among Nigeria groups.

It is these zones that we will take into account and

experience. These zones are:

North-West North-Central North-East South-South South-East South-West

Sokoto Benue Borno Delta Abia Lagos Kano Plateau Adamawa Edo Anambra Ogun Jigawa Kohi Yobe Rivers IMO Oyo Zamfara Niger Taraba Bayelsa Enugu Osun Kebbi Nasarawa Bauchi Akwa-Ibom Ebonyi Ondo Kaduna Kwara Gombe Cross-River Ekiti Katsina

NORTH-WEST ZONE

If there is anything that has dominated discourse

in this zone, it is the Sharia Law. It even

transcended beyond its borders and attracted

international attention. The Sharia question

developed into a major political confrontation on

27 October, 1999 when Governor Ahmed Sani

Yerima of Zamfara State inaugurated the adoption

of Sharia legal system which took effect from 27

January, 2000. The Zamfara law extended the

application of Sharia from civil law to criminal law.

Following the Zamfara example, some other states

like Kano and Sokoto announced their intentions to

adopt similar measures. In Kaduna, the attempt by

the State Assembly to pass a Sharia bill led to

series of demonstrations first by Muslim supporters

and later Christian opponents. This led to a violent

conflict and loses on both sides. This phenomenon

led to a major religious re-structuring of the town

with people congregating in areas where their

religious faith had a majority of inhabitants. The

Kaduna conflict demonstrated a fundamental issue

posed by the adoption of Sharia legal system. It

created acute insecurity among Christian groups in

the affected areas. They feared that the new legal

regime would affect them adversely despite claims

to the contrary by Muslim supporters.

As the conflict was assuming state threatening

dimensions, a meeting of the National Council of

State was called to discuss the problem and seek

solution to the problem. The Council composed of

the Head of State, former Heads of State and State

Governors. At the end of the meeting on 29

February, it was announced that the Sharia Laws

being enacted would be suspended and there

would be a return to the status quo ante that is, a

return to the penal code. Two members of the

council and former Heads of State, Shehu Shagari

and Muhammadu Buhari denied that such a

decision had been taken and contended that

Muslims were not ready to compromise on the

Sharia. Tensions mounted again and new riots

were reported in Sokoto and Borno States. Non

Muslims started feeling the Muslim dominated

parts of the North. Finally, at the beginning of April

2000, Northern Governors met and agreed to set

up a joint Muslim-Christian Committee to align the

Sharia with the penal code so as to counter the

threats to Northern and national unity posed by

the Sharia issue. In their communiqué read by

Governor ttahiru Bafarawa of Sokoto State, they

announced that: “we have resolved to uphold the

whole North as one indivisible geo-political entity

within the federation of Nigeria”. Shortly after this

announcement, however, a thief Buba Bello

Jengede, had his right hand amputated on the

orders of a Sharia Court judge in Zamfara State for

stealing a cow. In Katsina, Two years later,

another woman one Amina Lawal was convicted to

stoning to death by a Sharia court for adultery.

This drew local and international appeals for her

life to be spared. Several citizens in this part have

received strokes, canning etc. for different

offences by the Sharia Law implementation groups

e.g. the Hizbah in Kano.

Inspite of threats that Sharia legal system posed to

national unity and democracy, many of its

proponent defend it in the name of democracy.

Indeed, Governor Sani Yerima od Zamfara State

has consistently argued that he campaigned for

office on the platform of introducing the Sharia

and that he received the popular mandate of the

people in the state to implement his electoral

promise. He is currently nursing a presidential

ambition in the 2007 polls.

On 22nd July 1999, no fewer than 47 persons were

killed by campaigning Hausa youths in Kano. They

took vengeance on the killing of their kith and kin

in Sagamu, Ogun State.

Their target was the Yoruba Community. One

Sunday Okigidan, an 18 year old simply had his

penis chopped off in that incident. On 2nd

December, 2000 in Hadeja, Jigawa State, a

sectarian disturbance was cursed by a debate

between Muslims and Christians. This resulted in

wanton destruction of worship places. On 12th

October 2001, it was a day of terror and night of

horror. A peaceful Anti-American protest over the

bombing of Afghanistan turned violent, taking

ethnic and religious tone. It then degenerated into

uncontrollable violence which claimed lives and

damaged properties and places of worship. Lifeless

bodies littered the streets, shops and residential

buildings were set ablaze. It was a rare moment of

madness. Save for corpses and billowing balls of

fire, major streets in Kano were bare; scared

residents scampered into safe havens. A vehicle

belonging to the People’s Democratic Party (PDP)

bearing the posters of Sule Lamido, then Minister

of Foreign Affairs was halted and set ablaze at

once. Lamido’s residence was torched. He is from

neighboring Jigawa State. His sin is that he is a

Muslim who forgot the Islamic esprit de crops and

announced federal government support for

American attack on an Islamic country. That

Friday, the hitherto peaceful protest claimed by the

Hizba group became an all-comers affairs. The

streets bubbled with Yan Dabba, a local idiom for

dangerous urchins. America was just a decoy. It

was a well organized war against Christians and

non-indigenes. On 2nd November, 2001 in Gwantu,

Kaduna State, a clash that started on a political

ground over the relocation of LGC headquarters

later took an ethno-religious dimension. Several

places of worship were destroyed. In November

2002, in Kaduna State, Muslims protesting an

offensive This Day Newspaper article on the Miss

World Peageant killed, maimed and destroyed

properties forcing the sudden change of venue for

the contest to London. It was to hold in Port

Harcourt on 23rd November. Earlier, the Zamfara

State Deputy Governor has declared a fatwah

death sentence on the Author of the newspaper

publication found blasphemous by Muslims. The

Kaduna riots affected many Christian traders and

elicited reprisals in the South-East. Similar riots

and destruction of properties took place in the

Federal Capital City, Abuja. A religious protest in

Makarfi town Kaduna over desecration of the

Qu’ran by a Christian teenager took place o 3rd

April, 2004. Another mayhem took place on the

11th and 12th May 2004 in Kano following the

Yelwa Shendam ethno-religious crisis in Plateau.

Non-Muslims were attacked in reprisal of the crisis

in Plateau. Over 200 lives were feared dead. Most

of the victims were unarmed men, women and

children who were targeted simply because of their

religion. In eary Feb., 2005, Ringim, Jigawa State,

there was a clash between nomads and farmers

over claims of invasion of farmlands and

destruction of crops, six people were feared dead.

Again on 22nd Feb., 2005 in Taura, Jigawa, a

bloody clash occurred between farmers and Fulani

which claimed ten lives and five villages suspected

to be Fulani from Niger Republic. In Lere, Kaduna

on 11th May, 2005, a communal clash between the

Guza and Mariri communities over naming of

secondary school happened. The Mariri people

considered Guza (who claim indigeneship) as

settlers. The naming of the secondary school after

Guza triggered the crises but there is a lingering

communal crisis resulting from installation of

village and war heads. Three people were

confirmed killed. In May 2005, a sectarian violence

between Shiites and Sunni claimed two lives in

Sokoto State and in Jume the same year, a

renewed clash between the two sects over the use

of mosque claimed one life. In September 2005,

Ringim Taura and Maruta area of Jigawa state,

reports indicated that in eight months, more than

twenty lives and properties worth millions were

lost in clashes between Fulani and farmers in the

area. On 2nd December, 2005 in Kankara LG of

Katsina state, a violent clash between farmers and

Fulani herdsmen in Unguwar Ibran Dan Maraba

community took place leaving five persons dead

and no less than thirteen others injured. This was

when the Fulani Herdsmen launched a reprisal

attack on the affected villagers. In the same

Katsina, on 18th Feb., 2006, at least one person

was reportedly killed while five persons sustained

various degrees of injuries when police allegedly

shot into a crowd of demonstrators protesting the

planned public hearing on the amendment of the

1999 constitution.

NORTH CENTRAL ZONE

Often referred to as the Middle Belt, the stabilizer,

the most peaceful, the shock absorber and the bolt

that ties other parts of the nation. But events in

the recent past have put paid to these

classifications. This zone has ethnic, political,

economic and religious components which over

time have become inextricably linked. The conflicts

here can be seen in the context of longstanding

political tensions and rivalries between the

predominantly Hausa population of North and a

multitude of other ethnic groups that exists in the

area. They call themselves the minorities. Conflicts

here range from inter-communal, religious and

political to economic privileges between ethnic

groups who consider themselves “indigenes” or

original inhabitants of a particular area and those

whom they view as “settlers”.

On the 14th April, 2000 In Agyaragu, Nasarawa

state, there was a communal clash that erupted

over the location of LGC headquarters. The militant

youths who started the riots later took to the

streets, killing and destroying properties. In July,

2000 in Tsagari, Kwara state, another clash

between Tsagari and Share communities claimed

several lives. Cause of clash was unclear. Still in

Kwara on 17th Oct, 2000, a battle over supremacy

of Emirate system in the state occurred between

militant members of Oodua Peoples Congress

(OPC) and Hausa/Fulani community. On the 21st

Oct. same year in Minna, Niger state, a violent

ethnic crises erupted after the OPC assault of

Kwara and Lagos state. Turning to Nasarawa state,

Azara town on 28th June 2001 witnessed a bloody

ethnic clash. It occurred between Tiv and Azara

indigenes. It started with the gruesome killing of

an Azara traditional leader and later spread to Tiv

villages with them on the defense. Many lives were

lost.

The serenity of Jos, Plateau state was shattered

when on 7th Sept, 2001, a violent ethnic-religious

crises between Muslims/Hausa Fulani and Christian

indigenes occurred. The subject of discord

between the Jasawa Development Association and

Plateau Youth Council was over political

appointment in Jos Noth LGC. These disputes are

not a new phenomenon in the state but until 2001,

they had not led to large scale loss of lives. Around

1000 people were killed in just six days. What had

originally been an ethnic and political conflict

turned into a religious one as the ethnic divide

happened to coincide with the religious divide. The

violence spread out of Jos to other parts of the

state. An ethnic clash between Tivs and

Jukun/Fulani which was an extension of the May

2001 clash prevailed in Taraba, Benue and

Nasarawa. It was reported that 16 soldiers were

killed which later led to the gruesome revenge on

the Tivs by the Nigerian Army. It is popularly

referred to as the Zaki Biam massacre. Also on 30th

Dec, 2001 in Barking Ladi, Plateau state, a violent

communal conflict in Vwang district between

indigenes and non indigenes exploded at the

backdrop of the 7th Sept, Jos crises. It started

when an illegal group of 40 men attacked the

district head of Vwag. The attack had religious

colouring.

Turning to Nasarawa state in Awe LGCon 18th

June, 2002, a renewed communal clash between

two indigenous communities claimed two lives and

several others injured. The cause was not certain.

Back in Jos, Plateau state on 2nd May, 2002,

another mayhem that followed PDP ward congress

took an ethno-religious dimension with massive

destruction of properties. Again on 2nd May in

Bassa, Plateau, an ethnic clash took place between

the Hausa/Fulani and Tugwe indigenes. The even

is said to be a areprisal attack. In June/July 2002,

a religious cum ethnic fracas between the native

people (predominantly Christians) extended to

about 4 LGCs in Southern Plateau. It turned

violent. In July, 2003, a border conflict over land

ownership koccurred in Kogi and Edo states. The

parties are the Ekepedo and Ogori. Around Feb,

2004 in Wasse and Kanam areas of Plateau State,

a violent clash between Mavo and Taroh

communities claimed 11 lives. Suspected Taroh

youth were alleged to have raided Mavo villages. A

communal clash over land ownership between

Minda and Kparav groups claimed several lives in

Makurdi on 21st Feb, 2004. Still in Benue in

Kwande LGC, a renewed violent between

supporters of UNPP and ANPP in Adikpo and Jato-

Aka villages claimed over six lives. In Lang tang

South, Plateau, another clash erupted. That led to

the sacking of Taroh villages by suspected

Hausa/Fulani insurgents on 11th April, 2004.

Another conflict in Barkin Ciyawa, Plateau took

place in April, 2004. This was renewed hostilities

launched by suspected displaced Fulani herdsmen.

The conflict was believed to be a spill over of the

ethno religious crises that has been bedeviling

southern Plateau LGCs of Langtang South and

North, Wase, Kanam and Shendam. Another bout

of crises erupted in May in Yelwa, Shendam. This

according to independent reports claimed over 650

lives and over 250 women abducted by suspected

Taroh Militia. On 19th May, 2004, another violence

occurred in Kwande, Benue. The renewed hostility

on Jato-Aka village which claimed 50 lives and the

tomb of a former minister destroyed is believed to

be an extension of the political conflict between

supporters of the UNPP/ANPP/PDP. Again in

Konshisha/Gwer Benue on 5th June, 2004, thirteen

lives were lost owing to boundary dispute between

the two communities. In Qua-An-Pan LGC, Plateau,

fresh outbreak of violence in Lankaka village

occurred where suspected armed militia from a

neighbouring state allegedly stormed the village

killing two and razing twenty houses on 3rd August,

2004. In Dec., 2004 Adkpo, Benue, another fresh

violence in Kwande LGC occurred. It is connected

with the protracted conflict trailing the March,

2004 local elections. In Langtang, a group of Taroh

men suspected to be from Langtang LGC, Plateau

state set a complete Fulani settlement ablaze

leaving two deaths. Similarly on 21st Feb, 2005 in

Den one village in Wase LGC of Plateau state, a

group of armed men suspected to be Taroh

attacked and killed a Fulani herdsman. On 3rd May,

2005, Bukuru/Katsina Ala, Benue, a violent clash

between Kursuv and Ikyurav communities over

ownership of piece of land happened. Several

houses and farms were destroyed and several lives

lost with women abducted. Again in Logo, Benue,

a violent clash between two factions of Mbaikwe

clan of Ugondo occurred. It was sparked off as a

result of an alleged attack by one of thefeuding

parties

In Kogi early in the year 2005, 10 persons

sustained machete cut injuries as thugs of the

ruling PDP clashed in Idah headquarters of Idah

LGC, as the battle for government house in 2007

hots up. Another political violence in Ebiraland

claimed two lives. Still in Kogi he Area Police

Commander for Okene, Mr. Bassey Okon escaped

death by the whiskers. In Ilorin, Kwara in August,

2005, at least six people were reportedly killed and

four houses burnt down in the aftermath of

Sunday’s turbaning of new chiefs by the Emir of

Ilorin Alh. Sulu Gambari opposing sides of the

chieftaincy titles clashed as assorted weapons such

as guns, knives, machetes and charms were

deployed by them. In Niger state, around October,

2005, in Tunga Rogo, a policeman was reportedly

kelled and three other missing as violent clashes

erupted between the Fulani cattle rearers and

Gwari farmers. Trouble started in the area when a

Fulani boy who went into a Gwariu farm land

showdown with the government of the country.

Their ultimate ambition is to Islamise Nigeria. First,

they settled in Borno state, but after crises with

some of the natives there, they eventually left for

Yobe where their agenda finally unfurled. They

proudly flew the Afghanistan flag.

After the police tried flushing them out following

complaints from the indigenes of the state, the

battle ready Wal Jumma members sacked a police

station in Yobe; confiscating its arms and

ammunitions. Subsequently, they foiled several

attempts by the Police to sack or arrest them from

their strongholds. It took the fire power of the

Nigerian Army Battalion in Ngwuru to finally over

power them. Twenty members of the group were

killed while fifty arrested after the carnage.

On 17th Feb, 2004 a poltically triggered mayhem

happened in Takum LGC, Taraba State. It was

between supporters of PDP and NDP over local

elections. In Numan, Adamawa on 8th June, 2004,

an ethno religious crises atook place over the

construction of a mosques minaret over the

Hamman Bachama’s palace. Over 50 people wer

feared dead and the traditional ruler of thearea

deeped. A self styled Taliban group hiding on the

Goza hills and Mandara Mountains on the North

Eastern border with Cameroon raided a police

station killing officers and stealing ammunitions.

This was in Limankara, Borno State on 27th

September, 2004. On 12th Nov, 2005 in Namu

town, Shendam, Plateau, three people were feared

dead following protests that trailed the creation of

development area. Trouble started when certain

people faulted the choice of Namu, that it did not

reflect linguistic and tribal composition. In Okene,

Kogi on 19th May, 2006, two persons were

confirmed dead when violence erupted in Okene

the heart land of Ebira central senatorial district.

The crisis started between Zango community in

Ajaokuta LOGA AND Ozuneaya, Okene LGA. The

crisis was ignited by the arrest of a young boy

from Zango.

NORTH-EAST ZONE

The state of Borno, Adamawa, Yobe, Bauchi,

Taraba and Gombe form the Zone. Ethno religious

and communal conflicts are prevalent in these

areas. On 8th September, 2000 in Kaltungo,

Gombe, a religious violence was sparked off by the

presence of the state’s Sharia implementation.

Early January, 2004 in Ganye, Adamawa, a clash

occurred between Fulani herdsmen and farmers

over grazing land and in Yobe same month,

militant Islamic group launched a Taliban-like

attack on the Police. The Al Jumma (followers of

the prophet) may have been one of the first of

such extremist groups to accept the led Bin Ladin

challenge to Islamise Nigeria. The group led by

Yusuf Ahmed, a Saudi returnee, had brainwashed

and recruited several idle youths some of whom

are children prominent Nigerians and well

educated, for a final Herdsmen over grazing land

and alleged destruction of farm produce. Another

clash between farmers and herdsmen over

accusation of destruction of farm produce occurred

in Bidoma, Adamawa on 6th Feb, 2005. Similarly,

on 5th March, 2005, a communal clash between

two border communities Maruta (Jigawa) and

Burmin (Bauchi) over relocation of market

happened. Eight people were confirmed dead in

the renewed clah. On the political turf, 3rd January,

2005, in Azzare, Bauchi, no fewer than five

persons were feared dead while several others

were wounded and properties destroyed as

supporters of former Aviation minster, Alhaji Isa

Yuguda and the state Governor Alhaji Adamu

Muazu clashed. On 8th February, 2006, peace was

shattered in Maiduguri, Borno state. Here, no

fewer than 58 person where killed and 30

Churches burnt in an outbreak of deadly protests.

The Muslims were angered over a controversial

cartoon published by Danish and other European

publications on prophet Mohammed. Across

Northern Nigeria, a boycott of Danish milk, took

effect. It was similarly brought out of stores and

warehouses and burnt. The consumption by

Muslim faithful is abhorred till date. In Bauchi state

capital on 18th Feb, 2006 no fewer than 16 persons

were fared dead following a violent demonstration

by Muslims, incensed by alleged seizure and

desecration of Qu’ran by a female teacher rebuking

her student in a secondary school. Properties

worth millions and about 40 churches were burnt

and destroyed by the rampaging rioters.

Still in Bauchi, in 2006, soldiers of the 33 Field

Artillery Brigade ran amok destroying police

officers mess barracks, a car and wounded give

personnel of the Nigerian Police Force in a high

flay flexing of supremacy, following a stoppage of

a motorcyclist by the Police demanding for

particulars.

SOUTH EAST ZONE

Events in this zone have been dominated by intra-

ethnic rivalry, crime, political crises and self

determination. In October, 1999, there was a

violent communal clash between two nieghbouring

communities of Aguleri and Umuleri in Anambra. It

was linked to an April clash that resulted from an

orgy of hatred and vengeance. In Abia State on

28th Feb, 2000, a deadly riot began in Aba as a

reprisal to that of Kaduna which spread to other

eastern states. Northerners were targeted. A major

even that has heightened tension in the country

from this part till date is intention to declare a

“Republic of Biafra” by the Chief Ralph Uwazuruike

led Movement for the Actualization of Sovereign

State of Biafra (MASSOB) on 27th May, 2000 in

Owerri, Imo State. Today, the leader is in

detention undergoing trial for treason charges.

This movement has grown considerably and their

activities have pitted them with citizens in the zone

and the security forces leading to loss of lives and

properties.

On 15th Sept, 2001, Onitsha, Anambra, a reprisal

killing of Northerners over the Jos crises in which

several Ibos fell victims took place. In between

now, a notorious anti crime vigilante group, the

Bakassi Boys was formed in Anambra by the

Governor Mbadinuju administration. It succeeded

in curbing crime and other states in the area

adopted it. Not long after these creations, the

group turned violent and carried out extra judicial

killings, forming illegal detention cells and harassed

citizens with impunity. Even politicians hijacked its

activities and later became sort of mercenary

squads. In May, 2003, a communal clash fuelled by

cultists rivalry took place in Inyimagu/Agbaja,

Ebony state. Again in 11th

April, 2005, a bloody broiler clash occurred

between Ukeli (Cross River) and Izzi (Ebonyi)

communities over claims of ownership of land. The

dispute is on speculated land owners (Ukeli) and

tenants (Izzi). About 100 people died in nearly

three weeks of violence. In Ebonyi again, same

year, three houses were burnt and several people

wounded when the Izzi community attempted to

dislodge some Fulani herdsmen from their area.

Trouble started again when the Izzi people,

peeved by the destruction of their rice farms, went

after the Fulani men asking them to leave their

land, scattering cows and burning their houses.

In Sept, 2005, in Onitsha, Anambra, no fewer than

six persons were feard dead when members of

MASSSOB and men of the Nigerian Police Force

clashed.

Again on 6th Dec., 2005, some people were

reportedly killed following the sit-at home protest

order by MASSOB in Onitsha. Twenty people were

killed in clashes between MASSOB members and

the Police.

The groups were demanding for the release of its

leader Chief Ralph Uwazuruike. Similarly, three

Northerners were confirmed dead and eight others

seriously injured after attacks by hoodlums

believed to be MASSOB members who blocked the

Aba section of the Enugu-Port Harcourt

expressway in Abia early September. In Anambra

same month, MASSOB members alleged that 22 of

their members were gruesomely murdered by the

Police and Narto members who are working for an

unnamed influential business man and politician to

dislodge MASSOB from Anambra on the request of

the feder5al government. While in Enugu in

October, markets in the city witnessed some

heightened tension of excitement as MASSOB

officially introduced the “Biafran Pond” in the coal

city defying efforts by security agents to stop the

spread of the currency. On 21st March, 2006, at

least no fewer than 10 people were reported dead

in a fracas that broke out on the first day of the

national headcount tagged “Census 2006”. The

exercise that began across the nation was marred

in Nnewi and parts of Onitsha as suspected

MASSOB members were said to have attacked

enumeration officers and seized their materials.

Earlier in Feb, 2006 in Onitsha, another reprisal

killing occurred. The reprisal attack believed to be

in retaliation of the alleged killing of Igbo

Christians in Maiduguri, Borno State over the

controversial Prophet Mohammed cartoons

published in a Danish newspaper. In Onitsha,

Anambra, 19th June, 2006, MASSOB members

killed and burnt properties in a renewed clash with

the Police over the alleged killing of their

members. Marauders easily seized the carnage and

escalate crises.

SOUTH – WEST ZONE

The most notable even that shocked Nigerians on

the return to democracy in May, 1999 was the 2nd

July, 1999 orgy of violence in Sagamu, Ogun State.

The mayhem here was inspired by factors remote

and immediate. It was an ethnic clash between

Yorubas and Hausa/Fulani residents. The

immediate factor was the killing of an Hausa

woman alleged to have contravened to taboo of

watch Oro, a cult which no woman is allowed to

see according to Yoruba tradition. This gruesome

killing of Hausas in Sagamu got a sharp response

in Kano when the returning survivors brought the

dead and wounded home.

But July 10 1999, was not all a day of joy for the

students of Obafemi Awolowo University, Ile Ife,

despite the hilarious kegites World Gyration Day

celebration. Midway into the boisterious gathering,

pandemonium broke with the killing of no fewer

than four students of the institution. The group of

cultists shattered the peace of the most beautiful

campus in Africa.

Another round of hostility took place on 5th

June, 2000, in Owo, Ondo state, violence slash

involving two supporters lineage groups over the

succession of Owo stool took place. The tomb of

Pa Adekunle Ajasin, a respected Yoruba leader was

destroyed in the conflict. On 24th Nov., 2003, there

occurred violence in Lagos Island. It was between

rival groups of Area boys over sharing of money

paid by a business man for clearing of imported

goods. While in Irawo, Oyo State on 19th Jan.,

2004, there was a communal rivalry among fencing

clans in Irawo, ATISBO LGC which claimed 25

lives. On 11th March, 2004, a clash between

supports of claimants of Jegun of Idepe Chieftaincy

title occurred in Okitipupa, Ondo state. In Lagos,

Ipakodo, on 17th Jan, 2005, over 150 lives were

lost in a religious mayhem between OPC lives and

Muslims over the creation of the Ogun Shrine on a

Muslim praying ground.

The Ijaw and Ikale people in Lota, a border village

between two council areas of Ondo State saw four

people feared dead over a boundary dispute in

January. In Akure, Ondo State on 14th Oct., 2005,

at least; seven people were killed as irate militants

engaged in bloody clash when the youths followed

the Ojomolude of Ijebu Owo singing and dancing

during the famous Igogo festival. Back in Ijah,

Lagos, 10 people were killed over the crisis which

erupted over who is the actual owner of Ajah land

and the decision of the state government to install

an Oba in the area. Another killing of communities,

the Ijaw and Ilajes. An extension of the clash

which started with the kidnap of an Ijaw man took

place in Ajegunle, Lagos in Oct., 1999, later

became a fracas between the Ijaw and Oodua

Peoples Congress (OPC). It would be recalled that

after May, 1999, the OPC declared its stand for the

freedom of the Yoruba to go alone as an

independent unit. It declared its desire to protect

and defend Yoruba interest anywhere in Nigeria.

The first eruption of crisis was in Sagamu between

OPC backed group and Hausa/Fulani settlers. Many

people were killed and goods destroyed.

The OPC violence in Lagos and most parts of the

South West angered the Igbos and Hausa who also

set up the Igbo People Congress (IPC) and Arewa

People Congress (APC) to deal with what they

considered OPC’s unwarranted meddlesomeness

and violence. The OPC later developed into

factions, one headed by the foundation Dr.

Frederick Fasehun and the other by a young

Ganiyu Adams. The OPC experienced intra and

inter factional clash. Dr. Frederick Fasehun is

currently detained and undergoing treason trial.

Another protracted crisis that caught national

attention is the 10th March, 2000, Ife-Modakeke

imbroglio in Osun State. It was communal killings

between Ife and Modakeke communities. This was

a fresh hostility after a long truce. It is believed to

have a history of ancestral rivalry which became

heightened by local government creation and the

tussle over the location of the Local Government

Council. Twenty-five people were killed and many

others seriously injured. In another clash in this

time in Ado-Ekiti, Ekiti State on 19th January, 2006.

It was violence that greeted the report that the

Court of Appeal from Ilorin Division Kwara State

had nullified the appointment and dethronement of

the Arakaja of Igbara-Oba, Oba Edward Jayeola. In

neighboring Ondo on 25th Jan., 2006, no fewer

than seven persons were killed and properties

destroyed in a communal clash between Ikale and

Ijaw over boundary dispute in the build up to the

census exercise. Earlier in Ibadan, Oyo State, one

person was killed while several others including

two police men injured as supporters of former

NURTW Chairman Alh. Lateef Akinsola aka Tokyo

clashed in various parts of Ibadan with rival

factions.

SOUTH-SOUTH ZONE

Popularly referred to as the Niger-Delta, oil region

and goose that lays the golden eggs; this zone has

always been an area of conflict from the days of

the military. Devastated by oil exploration,

inadequately touched by the benefits of oil,

overwhelmed by an army of unemployed youths,

the area has seen conflict aimed at extracting

positive responses from the federal government

and oil companies. The exploration and production

of oil continues to result in deprivation, injustice

and violence in the zone. The proliferation of small

arms – reportedly financed by oil thefts and the

governments inadequate disbarment programs

compounded the violence.

Reported on 19th October, 1999, between Eleme

and Okrika communities over traditional and legal

titles to the stretch of land where the Port Harcourt

refinery is located. In neighboring Bayelsa in Odi,

on 18th Nov., 1999, a youth group associated with

Egbesu youths kidnapped and killed policemen in

revenge of the killing of their members. In Isoko

Delta, 16th Nov., 1999, a bloody communal clash

between Oleh and Olomuro communities occurred

over sharing of used pipes from Oleh-Olomuro flow

stations. On 26th Nov., 1999 and 18th March, 2000,

the Eleme and Okrika conflict erupted again

claiming several lives.

In Bayelsa, the Akaasa and Igwama people had a

bloody encounter on 16th May, 2000. By October,

2001 in Rivers, a chieftaincy crisis snowballed into

clan violence which claimed several lives and

properties damaged. In Ikom, Cross Rivers on 25th

March, 2002, a fresh hostility was reported when

Ofara natives launched a revenge attack against

their Nselle neighbors killing ten people in the

process. Same month in Ika LGC, according to the

Punch newspaper, hundreds of lives were lost.

While on 13th May, 2002, Bori, Bayelsa, a clsh

occurred in Ogoni land over the ownership of Bori

town between Yeghe people and the Zappa

community. By June, another clash claimed five

lives and more injury happened in Isoko Delta

between Ozoro and Okpaile communities. In

January, 2003, a conflict over land ownership saw

irate youths protesting strangers taking over their

land in Abotse, Edo State.

The security forces always raze communities and

kill and injure people with impunity. Community

activists who protested in pursuit of rights and

resources sometimes against oil companies always

faced violence arbitrary detention. The security

forces often respond with a very disproportionate

including lethal force and whose communities are

targeted for allegedly hindering oil production or

harboring criminal groups. Company assets and

personnel have increasingly become targets of

hostage-takking, sabotage and large scale theft of

oil. The Niger Delta Volunteer Force (NDVF),

Movement for the Emancipation of the Niger Delta

(MEND) etc. are some of the militant groups in the

region often accused of disruptive activities against

oil companies. Alhaji Muhajid Asari Dokubo is a

militant who heads the NDVF, is currently in

detention facing treason charges by the Nigerian

government.

Amnesty International reports that between 2003

and 2004, over 1500 people died, most of the in

the area around Warri, the commercial capital of

Delta State in inter communal conflicts over oil and

oil revenues as well as grievances over political

boundaries. On 31st May 1999, Warri, Delta State,

there was a violent clash between the Ikaw and

Itsekiri communities which has its riots in the

grievances harbored by the Olu of Warri and his

subjects over recognition of new kings in Warri by

the military administration. In Port Harcourt,

Rivers, a violent clash was NDVF clash in Okrika

kingdom in another renewed hostility. In Delta on

17th Jan., twenty five lives were lost in a bloody

clash between Ugbukwu and Obotie community

over land dispute while in Sapele on 20th July,

2004, another fierce fighting between Urhobo and

Obotie/Ugbukwu occurred claiming ten lives. It is

believed to be a spill over of an earlier clash. A gun

battle over control of metropolis by militants

occurred in Port Harcourt, Rivers on 14th Jan.,

2004. Another, Andoni in Rivers, bloody clash

occurred on 4th August, 2004. This was between

“Biafrans” and “Federal Troops” in Ataba. It was

over lingering chieftaincy dispute. The same month

in Yenegoa, Bayelsa, two factions of Ijaw Youth

Council clashed over leadership tussle claiming five

lives. No fewer than 500 lives have been lost in

Rivers between February and August 2004 in cult

related killings. It involves youth believed to be

cultists and operating along canals and waterways.

In September, the NDVF declared an all time war

against the federal government. They claimed it

was to liberate Ijaw native and Niger Delta. That

was 2004. Today, the leader Asari Dokubo is in

custody facing treason charges by the Federal

Government.

On 11th Nov., 2004, Iyuku, Edo State, a chieftaincy

tussle claimed 33 lives and properties worth

millions of Naira were destroyed. A communal

clash heightened by the drilling of crude oil wells

on a disputed land between Nembe and Odioma

People in Odioma, Bayelsa claimed 12 lives.

In Warri, Delta on 31st Jan., 2003, several lives

were lost including Police Officers when renewed

hostilities between two feuding Urhobo and Itsekiri

erupted. Still in Delta on 23rd Feb., 2003 in Ozoro

Delta, twenty lives were lost when supremacy

battle between supporters of youth leaders over

alleged mismanagement of patronage.

In Olubra, Cross River in Feb., 2003, an inter

political conflict between supporters of ANPP and

PDP over council election took place. In Warri,

Delta on 17th March, 2003, a very deadly hostility

occurred leading to the death of over 100 people

and the sacking of 20 towns by suspected Ijaw

militia. In May again, another ethnic clash took

place in Warri between Ijaw and Itsekiri over the

former agitation for political autonomy and on the

12th May, in Effurun, Delta, PDP and AD supporters

clashed. Down Andoni in Rivers, a lingering

communal clash over chieftaincy tussle took place

in Abata community. Between 14th July 2003 and

12th Nov., 2003, five violent clashes took place

involving the Ijaw and Itsekiri with killings and

kidnappings. On 23rd Nov., 2003, in Rivers, there

was a reprissl attack by Debam community on

Npolu-Oroworukwu. In Bayelsa on 9th Dec., 2003

and Jan. 2004, two clashes involving ijaws and

Itsekiri occurred killing one life. The other involved

attempts to dethrone the traditional ruler of a

community claiming five lives. A traditional ruler

was kidnapped in Gbukuma, Rivers and lives were

lost on 16th Jan., 2004 while on the 18th of the

same month, rival groups, Bush Boys and 5 elected

councilors who were on a peace mission there on

5th Feb., 2005 clashed. Later that month, another

blood bath in Idioma took place when armed men

in military uniform invaded the area. The crisis has

origin in the ownership of Owukubu Oil field which

is claimed by Bassambali community. Again in

Ubeji, Delta State in March, 2005l, two factions

clashed over the installation of a new town head.

Two persons were killed and three buildings razed.

On 7th March, 2005, Joinkrama, Rivers, a bloody

clash over amenities took place claiming six lives.

In May, in Cross Rivers, nine lives were lost in a

renewed clash between Izzi and Ukelle

communities. In August, the clash reared its head

again killing nine people. In the clash, a women

and her 2-year old daughter were killed while three

others were declared missing following renewed

clashes in Akuku and Ewan communities.

In September, 2005, in Khana LGC, Rivers State,

18 people were feared dead over a political clash

in a decision that was unpopular to the people. In

October, about two clashes over oil royalties took

place in different parts of Delta and Bayelsa

claiming three lives. On 15th Jan., 2006, no less

than 14 soldiers lost their lives and an equal

number of civilian casualties in the battle to regain

Ango Dutch oil giant, Shell’s Beneseide flow station

from militant youths in Bayelsa. Again, another

person was shot dead while others sustained

serious injuries in a violent clash between militant

youths and soldiers at Ikorumo, Bayelsa. About 20

armed robbers stormed the premises of Daewo, an

oil servicing company situated in Abam, Okrika

LGA, Rivers State and made away with about N40

million meant for the payment of staff salaries

earlier in the month.

■ CHAPTER FOUR ■

CONFLICTS AND STATE SECURITY

Political Instability and Destabilization Since the entrenchment of democracy on May 29, 1999, a gloomy cloud of insecurity has enveloped the nation. From Lagos to Kano, Sagamu to Warri, Bayelsa to Plateau, Kaduna to Port Harcourt, gory pictures of destroyed properties, burnt human beings and dead bodies are fast becoming a recurring decimal in the nation every time conflict erupts, scaring both nationals and foreigners alike. Killer squads are on the loose across the land wrecking havoc and threatening the nascent democracy. Seven years into the country’s

democratic experiment, Nigeria continues to face economic, political and social uncertainties. Flashpoints of ethic, communal, religious and resource conflicts persist. The economic environment is still unstable. The Niger Delta crisis are yet to be resolved. Religion and Political Instability A new and in many ways, fundamental threat to social and political stability has evolved in the Nigeria political culture. Religion especially religious fundamentalism has become a major factor that threatens to distort the satisfaction of the Nigerian political system. This is expressed in the pluralism of the two dominant religions (Christianity and Islam) Nigerians have enjoyed. From the Maitatsine riots in the early 80s to the contentious issue of Nigerians membership of the Organization of Islamic Conference (OIC). Sharia since 1978 has been a major bone of contention in Nigeria politics. The sharia question developed into a major confrontation on 27th October, 1999 when Governor Ahmed Sani Yerima of Zamfara State inaugurated the adoption of the legal system which took effect in January, 2000. Some other states in the North such as Kano, Sokoto, Yobe and Borno began plans for adoption. In Kaduna, the attempt by the state House of Assembly to pass a bill on it led to serious demonstrations, first by Muslim

supporters and then Christian opponents. This pitted both sides into violent conflicts with massive killings on both sides, the destruction of religious buildings, general arson and the destruction of properties. The Kaduna mayhem led to retaliatory killings and burning of mosques in Aba and Owerri in which Igbo youths targeted Northerners which they accused of killing their kith and kin in the North. This shook the nation. Religious disturbances as a result of religious differences and intolerance environmental degradation in oil producing region remains a problem. Exacerbating this is the public perception that the government has been insensitive and slow in adding fundamental issues affecting Nigeria such as poverty alleviation, resource distribution, infrastructure development and security. An air of anxiety and uncertainty continue to pervade Nigerian society. The various bouts of crisis which Nigeria has witnessed has exposed the inadequacy of the Nigerian Police Force in dealing with serious problem of insurgencies. In most cases where lives have been lost, it is always as a result of the abuse in the use of force which led to the escalation of the problems. Since underlying many of these crises have been economic and political issues, the use of force cannot be an enduring solution to the

problem, it can only abate the crisis or prevent escalation. The volatility of the Nigerian political system and the stringent economic climate has further eroded the confidence of the people in the ability of the system to satisfy their basic needs. Therefore, the impact that economic decline is not only limited to social discontent and political instability but it also erodes the resource base on which the armed forces depend for armaments and maintenance facilities; underscore the magnitude of threat to internal security. Civil Disturbances Civil disturbances depict a state of discontent among members of any given society. Then polity is replete with incidences of civil disturbances. These have been manifested in the form of political clashes and labor unrest which always center around financial or economic readjustments, students riot as a result of agitation in favor or against one program or the other against food, academics, financial adjustments, amenities, unionists versus cult clashes, post graduate assignments to maladministration. It is a difficult problem for any government based on at least two reasons. First, it presents itself a direct threat to lives and property of citizens who invariably are weak, innocent and peace loving.

Second, it indirectly presents a challenge to the authority of the state, which, by agreement is the sole agency for the maintenance of law and order.

■ CHAPTER FIVE ■

STATE SECURITY AND HUMAN RIGHTS

Some Threats to Internal Security and Human

Rights

Religions and Political Intolerance

Religions and political intolerance have to do with

the unwillingness by some people of particular

religious and political beliefs to put up with others

who have different religious or political beliefs from

theirs. Incidents of religious and political

intolerance have been manifested in Nigeria on

number of occasions. The Miss World Riot of 2002,

the perennial controversy over Sharia

implementation, the opposition to public preaching

by some religious groups, the election crisis during

the 2003 elections, the political riots in Kogi, Edo,

Borno, Delta etc. are few cases. The fear of being

expressed by concerned Nigerians is the danger of

the country being torn apart if the various shades

of intolerance are not properly managed. In

particular there is the need to de-emphasize

religion from the country’s body politic.

Armed Robbery/Assassinations

If anything has disturbed social life and

contributed immensely to the insecurity of life and

property in Nigeria in recent times, it is the

problem of armed robbery and political

assassinations. There is no evidence that shows

that tough measures adopted by government have

led to any appreciable drop in these cases. Rather,

it would seem they are on the increase. The

situation is such that virtually every Nigerian in the

urban area now lives inside highly walled fences

and barricaded compounds, a sort of self imposed

prison yard. Unemployment, absence of social

security service, corruption and government

inefficiency have given rise to these malaise.

Political killings have alarmed the citizenry. Senior

citizens are being killed often and these murders

have remained unsolved.

Civil Unrest/Ethnic Self Determination

This connotes a wide variety of civil disturbances

include inter-community or inter-group clashes,

religious disturbances, protest marches or violent

demonstrations. The Oodua People’s Congress

(OPC), Egbesu Boys, Niger Delta Volunteer Force

(NDVF) at one point or the other had clashed

among themselves especially OPC, or against

constituted authority of the Nigerian state. The

Movement for the Survival of Ogoni People

(MOSOP), Movement for the Actualization of the

Sovereign State of Biafra (MASSOB), Movement for

the Emancipation of the Niger Delta (MEND), Ijaw

Peoples Congress (IPC) etc. are some ethno-

political associations whose militancy and activities

have several times threatened the nation. They

want greater self determination, the country had

witnessed boundary clashes between various

communities, revolts by some communities, violent

demonstration etc. All these have put to test the

preparedness of security agents to handle her

numerous security problems.

Mismanagement of Resources

Resource management affects internal security to

the extent that it impinges on the very important

issue of creating the right internal atmosphere for

promotion of national security. Resource

management within the context of a nation has to

do with organizing and directing the total

resources of man and material to meet national

goals. Proper and judicious resource management

of available resources can bring the happiness to

many. So far, Nigeria’s experience at national

resource management has been marked by

inefficiency, corruption, pursuit of elitist taste,

discriminatory utilization of the nation’s talent,

foreign penetration of the commanding heights of

the economy and other vices. This leaves the

institutions less serviced and the citizenry hungry

and angry. This eventually erodes national

consciousness and patriotism is prone to

subversive penetration. This spills into sabotage

espionage, smuggling, alien influx and other

conventional threats.

Human Rights Violations

Human rights abuses and their protection occurs in

different spheres of national life. With the return of

democracy and its attendant freedom, violations of

human rights still prevail as if it were military days.

In Nigeria, violations by the police and other law

enforcement agencies are high. The Police remain

the senior partner in the abuse of rights in the

context of law enforcement. As crime rate keep

pace with unemployment, law enforcement

agencies are given sweeping powers by the federal

and state authorities to combat criminal activities.

These range from torture and extra-judicial killings

to extortion and other miscellaneous abuses. Many

of these cases of extra judicial killings and

extortion take place at checkpoints.

Although checkpoints were set up to ostensibly

assist the Police in the apprehension of criminal

suspects, they have become notorious for brazen

violation of rights. Even anti-crime squads are

been used by governments to hunt human rights

activists and disrupt the activities of the opposition,

human rights and pro-democracy organizations,

campaigners and peaceful demonstrators against

the perceived third term agenda of the Obasanjo

regime were often met with disruption. The Police

Public Order Act was and is maximally used as a

weapon against any anti-government protest. It

would be recalled that harmless mothers were

tear-gassed last year in Lagos while on a peaceful

protest from academic freedom to social and

economic conditions, minority right and the

environment, the situation has been appalling. The

Government has failed to squarely address these

situations.

Welfare conditions of prison inmates are always

inhuman and deplorable. Inmates often dies from

warder brutality, malnutrition and overcrowding.

Despite repeated assurances of improvement; the

economy remain weak, worker lay-offs, low

capacity utilization and other macroeconomic

indices. Minorities and the environment continue to

face an inclement regime of rights abuse. In the

ever restive Niger Delta, these two groups of rights

have long since become also indistinguishable one

from the other.

In the first half of 2004, hundreds of people were

killed in inter-communal fighting between

Christians and Muslims in and around the town of

Yelwa in Plateau State. Retaliatory killing followed

against Christian residents in Kano killing more

than two hundred.

According to Human Rights Watch, “the Federal

Government and security forces bear the heavy

responsibility for the massive loss of lives in Yelwa

and Kano… instead of protecting those at risk and

arrest perpetrators, the security forces (some)

deployed carried out dozens of extra judicial

killings contributing further to violence. This is

typical of responses to previous outbreaks of inter-

communal violence in other parts of Nigeria” (HRW

Vol. 17, No. 8 A). It could be said that though

scant regard is given to human rights protection

and enhancement in Nigeria, they are often met

with serious violations on several fronts. This pits

the citizens against the government and the

security forces which then turn heat on the polity.

The Amnesty International 2006 report has this to

say about human rights situation in Nigeria: “Death

sentence continued to be handled down, but no

executions were carried out while one government

commission recommended a moratorium on the

death penalty or its abolition, others called for its

continued use against juveniles and reportedly, the

execution of death row prisoners to decongest the

prisons. The security forces in the Niger Delta

killed people and razed communities with impunity

to prevent disruption to oil production and in

response to community protest. Violence against

women including the family is still widespread.

Although some states introduced legislation on

violence in the home, the federal government did

not review discriminatory laws or amend national

law to comply with the protocol of the African

Charter on Human and People’s Rights on the

Right of Women in Africa. Outrageous six extra-

judicial executions by the police in Abuja, the

capital, prompted investigation and the

prosecution of suspected officers. However, few

human rights abuses were investigated or their

perpetrators held to account. The findings of a

judicial commission of inquiry into human rights

violations between 1966 and 1999 were finally

made public, but the government did not

announce plans to implement its

recommendations. Human rights defenders and

journalists continued to face harassment and

unlawful detention. Over 3,000 people were made

homeless without adequate prison notice,

alternative accommodation or compensation in a

mass forced eviction. Killings increased throughout

the country in violence between and within political

parties.

■ CHAPTER SIX ■

WHAT IS TO BE DONE

Strategies for Curbing Conflicts

On the basis of the foregoing challenges, the

government should ensure that individuals

responsible for organizing and carrying out

violence are identified, arrested, charged and tried

promptly according to international fair trial

standards. Justice should be a priority. It should

ensure adequate security presence in areas of

likely tension and improve mechanisms to obtain

reinforcements rapidly should the need arise. It

should anticipate and prevent conflict rather than

reacting after violence had already begun. Force

should not be recklessly used in quelling conflicts.

Religious leaders should pursue meaningful

dialogue, refrain from inflammatory statements

and seek long term solutions to the tensions and

grievances amongst inter-faith groups. They

should also make clear that retaliatory attacks in

the name of self defense are never a justification

for killing or other forms of violence against

unarmed civilians. Conflict resolution between

ethnic and religious communities should not

preclude the search for justice.

The civil society should evolve programs and

activities channeled towards ethno-religious and

communal harmony among the people. This is

possible when they develop a strong capacity in

mediating ethno-religious, communal and political

conflicts. They should support the state and other

agencies in the area of supporting victims in areas

that matter. The state too should reciprocate by

supporting the expansion and independence of civil

society such as the media in the area of peace

building, capacity, advocacy and education as well

as unbiased and balanced reporting and access to

information. The international community should

assist the government and prevail upon them to

ensure good governance in the body politic. The

popular classes (the poor) should be integrated

into active politics on non-ethnic basis. This will

involve poverty reduction on a massive scale.

Emphasis should be shifted from the distribution of

the national cake to the production of the cake,

and from an emphasis on distribution of the cake

along ethnic lines to its distribution among lines of

the level of contribution to social production,

gender and age among others. The government

should reduce the power of the center without

unduly weakening it, the confidence of the Niger

Delta people be regained and discourage any

tendency towards secession by reintegrating the

Igbo into political and military life. It should also

prevent extremist movements from dominating

their inter-ethnic and religious turf. Conflicts should

be prevented from incurring retaliation in other

parts and national consciousness and tolerance be

promoted among youth, gender, geography and

religion in governance and politics. An acceptable

revenue allocation formula be fashioned out and

fears over marginalization by various elites of the

ethnic groups be assuaged in the distribution of

benefits.

Strategies for Promoting State Security

There is the urgent need to properly equip, train

and retrain ad well as improve condition of service

of security agents to enable them to be more

committed ad effective in their duties. This will

develop an early warning response mechanism in

both the state and relevant security agencies for

intelligence gathering and monitoring to contain all

sorts of conflicts in the nation. The government

needs to pursue a program of disarmament and

continue with initiatives to encourage people to

hand in weapons and strengthen control over

weapons proliferation and improve border security.

It should take the lead in pressing for the

implementation of a binding regional conversion on

small arms to replace the ECOWAS small arms

moratorium. The main observation made here in

relation to Nigeria’s management of her state

security is that, there is lack of a well articulated

policy on internal security. Thus, internal

emergencies are responded to with adhoc

measures in which the emphasis each time is on

the strengthening of the coercive apparatus (the

accumulation of sophisticated hardware) of

government rather than developing the positive

ingredients of internal security. It is felt that a

more lasting and sustainable philosophy of internal

security is one that is based on critical look at the

character of the Nigerian polity with a view to

removing those factors which make for socio-

economic hardship and foster exploitative

relationships within the system. In other words,

Nigeria must learn not to divorce security from the

general conduct of public affairs.

Strategies for Promoting Human Rights

One of the main obstacles to the emergence and

sustenance of a democratic society in Nigeria is the

prevailing lack of respect for the rule of law and

fundamental human rights. The rule of law exists

where and only when the laws to be obeyed are

just and guaranteed the human rights of all

citizens. Where this happens, any individual who

have grievance must have access to the courts

whether his or her grievance is against other

individuals, the state or its functionaries or

government.

All judicial processes must be quickly determined

so that innocent persons do not suffer needlessly

from slow administration of justice. In addition, the

judiciary must be independent from political and

administrative interferences by demonstrating

impartiality and integrity. Obey the law and respect

court judgments and orders. Laws that violate the

rights of citizens must be abolished. Equality

before the law should be upheld irrespective of

status.

In the struggle for human rights, we must make

justiceable the inclusion of people’s socio-economic

rights such as rights to work, education,

healthcare, secured life and to a social, economic

and cultural wellbeing.

■ CHAPTER SEVEN ■

Conclusion

In this book we started by arguing that Nigeria is

an artifact of colonial partition. It rested on three

pillars: the state, as competent manager of the

public realm; a federal character with equilibrated

roles for the three large ethnic communities and

the smaller ethnic minorities and the democratic

process. The adoption of federalism was a

mechanism for managing conflict among its

heterogeneous population. Just as the credibility of

the states management of the public realm was

collapsing, so too was its federal character. The

polity got shamelessly plundered by a succession

of ruler both military and civilian, who lay little

claim on the loyalty of the citizenry.

We also saw the correlation between human rights

conflicts and state security. Nigeria has obligations

under international law to respect, protect and

fulfill human rights. The people vigorously pursue

the campaign for their rights yet their ability to

claim their economic and social rights is impeded

by continued threats to civil and political freedom.

This has led to an atmosphere of insecurity.

Continued misrule has pitted the citizens against

one another and against the state. The politics of

federalism thus led to aggressive sub-nationalism

and challenge of self determination. Since 29th

May, 1999, when Nigeria entered its fourth

republic with pomp and pageantry and with hopes

of establishing a peaceful democratic polity, ethnic,

religious, geo-ethnic and others have punctuated

the political process and rendered extremely fragile

the security of persons, groups and properties.

Today, no less than 100 violent conflicts have

occurred leaving thousands dead, injured and

homeless.

In the foregone chapters, we chronicled how the

climate of insecurity threatens human rights and

vice versa, we also narrated incidences of human

rights conflicts since 1999 and then offered

remedies for varied factors surrounding conflicts,

human rights and state security. Now that the third

term issue has been settled and elections are by

the corner, increased tension and heated political

activities have surfaced. The 2007 elections will

also witness a very high mobilization of disaffection

leading to an overheated political process and

sometimes violence which often is the case, the

challenge however is to ensure that the

competition does not consume the polity in

fruitless bounds of order. A more strategic and

reasoned deployment of security forces in the run

up to the election is necessary to reduce tension

and conflict in violence and priority areas.

Finally, it is the essential objective of this book to

conclude that the opportunity of transition from an

elected civil order to a democratic government has

just begun. Using this unique opportunity requires

steadfast leadership and an unwavering

commitment on the part of both government and

citizens to continue on democratization paths

requiring action and understanding on a range of

issues: how to handle conflict flashpoints in a

democratic way and manner that preserve human

dignity; how to allocate resources more equitably;

how to increase accountability and trust in

government, how to preserve the environment in

oil producing communities, and how to expand

ownership of the political process. Fundamentally,

it requires that the government deliver on the

“democracy dividend”, people’s expectations that

their lives will be better off under a democracy

than they were before and that their immediate

needs for basic infrastructure, reduction of poverty

and security will be met.

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Russel, B. (1979): History of Western Philosophy.

Union Paperbacks.

Sangosanya J.A. and Sha D.P.(2005): Ethno-Religious Violation

Conflicts and Human Rights in

Nigeria, Christian Foundation for

Social Justice and Equity, Niri

Press, Jos.

Tabiu, M. (et al) (1998): “Human Rights and the Prison

System in Nigeria”. Manual for

Prison Officers. A Publication of

the National Human Rights

Commission, Nigeria.

Tanko P.B: “Ethnicity, Religion and the

Survival of Democracy in Nigeria

Challenges in Alemika E.O. (et

al). Ethno-Religious Conflicts and

Democracy in Nigeria:

Challenges Human Right Monitor

Thoreau D.H.: Civil Disobedience, Brooklyn

David Godine.

Toyo, E. (2001): On Human Rights Lecture

delivered under ASUU Human

Rights Committee, 15 Jan., 2001.

UniJos, Jos.

Toyin Falola (1998): Violence in Nigeria: The Crisis of

Religious, Politics and Secular

Ideologies. Rochester University.

Vogt M.A.: “Nigerian Defence Policy: A

Framework for Analysis” in G.O.

Olusanya and R.A. Akindele

(eds) Nigeria’s External

Relations: the first Twenty five

years, Ibadan: UPL Ltd.

Wolfers, A. (1962): Discord and Collaboration

Baltimore John Hopkins.

Documents, Journals, Reports and Monographs

- Constitution of the Federal Republic of Nigeria 1999.

- International Journal, Toronto Vol. 41, No 3, Summer

1986.

- Nigeria Journal of Public Affairs Vol. 7, 1977.

- Journal of Commonwealth and Comparative Studies, 28

(2) 1990.

- Studies in Politics and Society No. 4 Oct., 1985.

- Foreign Affairs Spring 1984.

- CODESRIA, working paper 1/89 Dakar 1989.

- TMG/UNEAD Report on Civic Education Forum:

Combating Election Related Violence: The Role of Civil

Society, Nov., 2001.

- National Consultative Forum, Agenda for Democracy,

1990.

- Institute of Governance and Social Research, Jos Plateau.

Selected Cases of Violent Conflicts (Communal,

Religious and Ethnics) since May, 1999. Chapter three of

this book drew heavily from these reported cases.

- Amnesty International (Jan – Dec 2005) Human Rights

Report, 2006.

- Nigeria: Ten Years On: Injustice Haunts the Oil Delta,

Amnesty International Report (199-2006).

- IDEA, Democracy in Nigeria, Continuing Dialogue (s) for

Nation Building, Stockholm (2001).

- IDASA: Toolkit on Peace Practice in Nigeria Book, ½ and

3 (2004).

- Justice and Equity, July-Sept., 2005. Publication of

Christian Foundation for Social Justice and Equity.

- IDASA: Conflict Tracking Dossier. Toward the 2007

Elections. A Quarterly review. Issue 2, April 2006.

Human Rights Watch: “Jos, A City Torn Apart” Vol. 13,

No.9 (a) – December 2001.

- Human Rights Watch: Testing Democracy: Political

Violence in Nigeria Vol. 15, No. 18 (A) – April 2003.

- Human Rights Watch: Revenge in the Name of Religion,

the Cycle of Violence in Plateau and Kano States. Vol. 17,

no. 8 (A) – May 2005 .

- Civil Liberties Organization (CLO) the Church and

Human Rights: An Education Manual, Dec. 1995.

Magazines/Newspapers

The following newspapers and magazines formed the references

taken from pages 139-153 in the book Nigeria Yesterday and

Today for Tomorrow by J.I. Elaigwu under the topic “Ethnic

Militias and Democracy in Nigeria”. They are: Punch, Thisday,

National Concord, New Nigerian, Post Express, Daily

Independent, Newswatch, Champion, Tell, The News, Vanguard,

The Week/Insider, Source.

Others are:

Tell May 27, 2002.

Eraction Oct. – Dec., 1998.

Insider June 14, 2004.

Democracy Review (CLO Publication) May-Aug. 199.

Tell October 29, 2001.

Liberty Vol. 1 No. 5 Sept., 1999.

Newswatch Dec. 9, 2002.

Tell March 7, 2005.

Tell Feb. 21, 2005.

Newswatch Apil 24, 2006.

Newswatch May 1, 2006.

The News 15 August, 2005.

Thisday 19 June, 2006.

APPENDIX 1

CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA

Right to life 33. – (1) Every person has a right to life, ad no one

shall be deprived intentionally of his life,

save in execution of the sentence of a

court in respect of a criminal offence of

which he has been found guilty in

Nigeria.

(2) A person shall not be regarded as having

been deprived of his life in contravention

of this section, if he dies as a result of the

use, to such extent and in such

circumstances as are permitted by law, of

such force as is reasonably necessary –

(a) For the defence of any person from

unlawful violence or for the defence of

property;

(b) In order to effect a lawful arrest or to

prevent the escape of a person lawfully

detained; or

(c) For the purpose of suppressing a riot,

insurrection or mutiny

Right to dignity 34 - (i) every individual is entitled to respect for

of human person the dignity of his person, and accordingly

(ii) such compulsory national service which

forms part of the education and training of

citizens of Nigeria as may be prescribed

by an Act of the National Assembly.

Right to 35 - (1) Every person shall be entitled to his

personal liberty and no person shall be

Personal Liberty deprived of such liberty save in the

following cases and in accordance with a

procedure permitted by law –

(a) In execution of the sentence or order of a

court in respect of a criminal offence of

which he has been found guilty;

(b) By reason of his failure to comply with

the order of court or in order to secure the

fulfillment of any obligation imposed

upon him by law;

(c) For the purpose of bringing him before a

court in execution of the order of a court

or upon reasonable suspicion of his

having committed a criminal offence or to

such extent as may be reasonably

necessary to prevent his committing a

criminal offence

(a) No person shall be subjected to torture or

to inhuman or degrading treatment;

(b) No person shall be held in slavery or

servitude; and

(c) No person shall be required to perform

forced or compulsory labor

(2) For the purpose of subsection (1) (c) of

this section, “forced or compulsory labor”

does not include

(a) any labor required in consequence of the

sentence or order of a court;

(b) any labor required of members of the

armed forces of the federation of the

Nigeria Police Force in pursuance of their

duties as such;

(c) in the case of persons who have

conscientious objections to service in the

armed forces of the federation, any labor

required instead of such service;

(d) any labor required which is reasonably

necessary in the event of any emergency

or calamity threatening the life or

wellbeing of the community; or

(e) any labor or service that forms part of –

(i) normal communal or other civic

obligations of the wellbeing of the

community.

(d) in the case of a person who has not

attained the age of eighteen years for the

purpose of his education or welfare

(e) in the case of persons suffering from

infectious or contagious disease, persons

of unsound mind, persons addicted to

drugs or alcohol or vagrants, for the

purpose of their care or treatment or the

protection of the community; or

(f) for the purpose of preventing the unlawful

entry of any person into Nigeria or of

effecting the expulsion, extradition or

other lawful removal from Nigeria of any

person or the taking of proceedings

relating thereto: provided that a person

who is charged with an offence and who

has been detained in lawful custody

awaiting trial shall not continue to be kept

in such detention for a period longer than

the maximum period of imprisonment

prescribed for the offence.

(2) Any person who is arrested or detained

shall have the right to remain silent or

avoid answering any question until after

consultation with a legal practitioner or

any other person of his own choice.

(3) Any person who is arrested or detained

shall be informed in writing within

twenty-four hours (and in a language that

he understands) of the facts and grounds

for his arrest or detention.

(4) Any person who is arrested or detained in

accordance with subsection (1) (c)of this

section shall be brought before a court of

law within a reasonable time, and if he is

not tried within a period of –

(a) two months from the date of his arrest or

detention in the case of person who is un

custody or is not entitled to bail; or

(b) three months from the date of his arrest or

detention in the case of a person who has

been released on bail, he shall (without

prejudice to any further proceedings that

may be brought against him) be released

either unconditionally or upon such

conditions as are reasonably necessary to

ensure that he appears for trial at a later

date.

(5) In subsection (4) of this section, the

expression “a reasonable time” means –

(a) in the case of an arrest or detention in any

place where there is a court of competent

jurisdiction within a radius of forty

kilometers, a period of one day; and

(b) in any other case, a period of two days or

such longer period as in the circumstances

may be considered by the court to be

reasonable.

(6) Any person who is unlawfully arrested or

detained shall be entitled to compensation

and public apology from the appropriate

authority or person; and in this

subsection, “The appropriate authority or

person” means an authority or person

specified by law.

(7) Nothing in this section shall be construed

–

(a) in relation to subsection (4) of this

section, as applying in the case of a

person arrested or detained upon

reasonable suspicion of having committed

a capital offence; and

(b) as invalidating any law by reason only

that it authorizes the detention for a

period not exceeding three months of a

member of the armed forces of the

Federation or a member of the Nigerian

Police Force in execution of a sentence

imposed by an officer of the Nigerian

police Force, in respect of an offence

punishable by such detention of which he

has been found guilty.

Right to fair (1) In the determination of his civil rights and

hearing – 36 obligations, including any question or

determination by or against any

government or authority, a person shall be

entitled to a fair hearing within a

reasonable time by a court or other

tribunal established by law and

constituted in such manner as to secure its

independence and impartiality.

(2) Without prejudice to the foregoing

provisions of this section, a law shall not

be invalidated by reason only that it

confers on any government or authority

power to determine questions arising in

the administration of a law that effects or

may effect the civil rights and obligations

of any person if such law –

(a) provides an opportunity for the person

whose rights and obligations may be

effected to make representations to the

administering authority before that

authority makes the decision affecting

that person; and

(b) contains no provision making the

determination of the administering

authority final and conclusive

(3) The proceedings of a court or the

proceedings of any tribunal relating to the

matters mentioned in subsection (1) of

this section (including the announcement

of the decisions of the court or tribunal)

shall be held in public.

(4) Whenever any person is charged with a

criminal offence, he shall, unless the

charge if withdrawn, be entitled to a fair

hearing in public within a reasonable time

by a court or tribunal:

(a) a court or such tribunal may exclude from

its proceedings persons other than the

parties thereto or their legal practitioners

in the interest of defense, public safety,

public order, public morality, the welfare

of person who have not attained the age of

eighteen years, the protection of the

private lives of the parties or to such

extent as it may consider necessary by

reason of special circumstances in which

publicity be contrary to the interests of

justice;

(b) if in any proceedings before a court or

such a tribunal, a minister of the

Government of the Federation or a

Commissioner of the Government of a

state satisfies the court or tribunal that it

would not be in the public interest for any

matter to the public, disclosed, the court

or tribunal shall make arrangements for

evidence relating to that matter to be

heard in private and shall take such other

action as may be necessary or expedient

to prevent the disclosure of the matter.

(5) Every person who is charged with a

criminal offence shall be presumed to be

innocent until he is proved guilty:

Provided that nothing in this section shall

invalidate any law by reason only that the

law imposes upon any such person the

burden of proving particular facts.

(6) Every person who is charged with a

criminal offence shall be entitled to -

(a) be informed promptly in the language that

he understand and in detail of the nature

of the offence;

(b) be given adequate time and facilities for

the preparation of his defense;

(c) defend himself in person or by legal

practitioners of his own choice;

(d) examine, in person or by his legal

practitioners, the witnesses called by the

prosecution before any court or tribunal

and obtain the attendance and carry out

the examination of witnesses to testify on

his behalf before the court or tribunal on

the same conditions as those applying to

the witnesses called by the prosecution;

and

(7) When any person is tried for any criminal

offence, the court or tribunal shall keep a

record of the proceedings and the accused

person or any persons authorized by him

in that behalf shall be entitled to obtain

copies of the judgment in the case within

seven days of the conclusion of the case.

(8) No person shall be held to be guilty of a

criminal offence on account of any act or

omission that did not, at the same time it

took place, constitute such an offence, and

no penalty shall be imposed for any

criminal offence heavier than the penalty

in force at the time the offence was

committed.

(9) No person who shows that he has been

tried by any court of competent

jurisdiction or tribunal for a criminal

offence and either convicted or acquitted

shall again be tried for that offence or for

a criminal offence having the same

ingredients as that offence save upon the

order of a superior court.

(10) No person who shows that he has been

pardoned for a criminal offence shall

again be tried for that offence.

(11) No person who is tried for a criminal

offence shall be compelled to give

evidence at trial

(12) Subject as otherwise provided by this

constitution, a person shall not be

convicted of a criminal offence unless that

offence is defined and the penalty

therefore is prescribed in a written law,

and in this subsection, a written law refers

to an Act of the National Assembly or a

law of a State, subsidiary legislation or

instrument under the provisions of a law.

Right to private – 37 The privacy of citizens, their homes,

and family life correspondence, telephone conversations

and telegraphic communications is hereby

guaranteed and protected.

Right to freedom-38 (1) Every person shall be entitled to freedom

of thought, conscience of thought, conscience and religion,

and religion including freedom to change his religion

or belief, and freedom (either alone or in

community with others, and in public or

private) to manifest and propagate his

religion or belief in worship, teaching,

practice and observance.

(2) No person attending any place of

education shall be required to receive

religious instruction or to take part in or

attend any religious ceremony or

observance of such instruction ceremony

or observance relates to a religion other

than his own, or a religion not approved

by his parent or guardian.

(3) No religious community or denomination

shall be prevented from providing

religious instruction for pupils of that

community or denomination in any place

of education maintained wholly by that

community or denomination.

(4) Nothing in this section shall entitle any

person to form, take part in the activity or

be a member of a secret society.

Right to freedom-39 (1) Every person shall be entitled freedom of

of expression and the expression, including freedom to hold

press opinions and to receive and impart ideas

and information without interference.

(2) Without prejudice to the generality of

subsection (1) of this section, every

person shall be entitled to own, establish

and operate any medium for the

dissemination of information, ideas and

opinions:

Provided that no person, other than the

Government of the Federation or of a

State or any other person or body

authorized by the President on the

fulfillment of conditions laid down by an

Act of the National Assembly, shall own,

establish or operate a television or

wireless broadcasting station for any

purpose whatsoever.

(3) Nothing in this section shall invalidate

any law that is reasonably justifiable in a

democratic society –

(a) for the purpose of preventing the

disclosure of information received in

confidence, maintaining the authority and

independence of courts or regulating

telephony, wireless broadcasting,

television or the exhibition of

cinematograph firms; or

(b) imposing restrictions upon persons

holding office under the Government of

the Federation or of a State, members of

the armed forces of the Federation or

members of the Nigerian Police Force or

other Government security services or

agencies established by law.

Right to peaceful- 40 Every person shall be entitled to assemble

assembly and freely and associate with other persons,

and association and in particular he may form or belong

to any political party, trade union or any

other association for the protection of his

interests:

Provided that the provisions of this

section shall not derogate from the powers

conferred by this constitution on the

Independent National Electoral

Commission with respect to political

parties to which that commission does not

accord recognition.

Rights to – 41 (1) Every citizen of Nigeria is entitled to

freedom of movement move freely throughout Nigeria and to

reside in any part thereof, and no citizen

of Nigeria shall be expelled from Nigeria

or refused entry thereby or exist

therefrom.

(2) Nothing in subsection (1) of this section

shall invalidate any law that is reasonably

justifiable in a democratic society –

(a) imposing restrictions on the residence or

movement of any person who has

committed or is reasonably suspected to

have committed a criminal offence in

order to prevent him from leaving

Nigeria: or

(b) providing for the removal of any person

from Nigeria to any other country to –

(i) be tried outside Nigeria for any criminal

offence, or

(ii) undergo imprisonment outside Nigeria in

execution of the sentence of a court of law

in respect of a criminal offence of which

he has been found guilty:

Provided that there is reciprocal

agreement between Nigeria and such

other country in relation to such matter.

Right to freedom-42 (1) A citizen of Nigeria of a particular

from discrimination community, ethnic group, place of origin,

sex, religion or political opinion shall not,

by reason only that he is such a person –

(a) be subjected either expressly by, or in the

practical application of, any law in force

in Nigeria or any executive or

administrative action of, to disabilities or

restrictions to which citizens of Nigeria of

other communities, ethnic groups, places

of origin, sex, religions or political

opinions are not made subject; or

(b) be accorded either expressly by, or in the

practical application of, any law in force

in Nigeria or any such executive or

administrative action, any privilege or

advantage that is not accorded to citizens

of Nigeria or other communities, ethnic

groups, places of origin, sex, religions or

political opinions.

(2) No citizen of Nigeria shall be subjected to

any disability or deprivation merely by

reason of the circumstances of his birth.

(3) Nothing in subsection (1) of this section

shall invalidate any law by reason only

that the law imposes restrictions with

respect to the appointment of any person

to any office under the State or as a

member of the armed forces of the

Federation or member of the Nigerian

Police Force or to an office in the service

of a body corporate established directly

by any law in force in Nigeria.

Right to acquire-43 (1) Subject to the provisions of this

and own immovable Constitution, every citizen of Nigeria

property shall have the right to acquire and own

immovable property anywhere in Nigeria

Compulsory – 43 (1) No moveable property or any interest in

acquisition of an immovable property shall be taken

property possession of compulsorily and no right

over or interest in any such property shall

be acquired compulsorily in any part of

Nigeria except in the manner and for the

purposes prescribed by a law that, among

other things –

(a) requires the prompt payment of

compensation therefore and

(b) gives to any person claiming such

compensation a right of access for the

determination of his interest in the

property and the amount of compensation

to a court of law or tribunal or body

having jurisdiction in that part of Nigeria.

(2) Nothing in subsection (1) of this section

shall be construed as affecting any general

law -

(a) for the imposition or enforcement of any

tax, rate or duty;

(b) for the imposition of penalties or

forfeitures for the breach of any law,

whether under civil process or after

conviction for an offence;

(c) relating to leases, tenancies, mortgages,

changes bills of sale or any other rights or

obligations arising out of contracts;

(d) relating to the vesting and administration

of the property of persons adjudged or

otherwise declared bankrupt or insolvent

of persons of unsound mind or deceased

persons and of corporate or incorporate

bodies in the course of being wound-up;

(e) relating to the execution of judgments or

orders of court;

(f) providing for the taking of possession of

property that is in a dangerous state or is

injurious to the health of human beings,

plants or animals;

(g) relating to enemy property;

(h) relating to trusts and trustees;

(i) relating to limitation of actions;

(j) relating to property vested in bodies

corporate directly established by any law

in force in Nigeria

(k) relating to the temporary taking of

possession of property for the purpose of

any examination, investigation or enquiry;

(l) providing for the carrying out of work on

land for the purpose of soil-conservation

or

(m) subject to prompt payment of

compensation for damage of buildings,

economic trees or crops, providing for

any authority or person to enter, survey or

dig any land, or to lay, install or erect

poles, cables, writes, pipes or other

conductors or structures on any land, in

order to provide or maintain the supply or

distribution of energy, fuel, water,

sewage, telecommunication services or

other public facilities or public utilities.

(3) Notwithstanding the foregoing provisions

of this section, the entire property in and

control of all minerals, mineral oils and

natural gas in, under or upon any land in

Nigeria or in, under or upon the territorial

waters and the Exclusive Economic Zone

of Nigeria shall vest in the Government of

the Federation and shall be managed in

such manner as may be prescribed by the

National Assembly.

Restriction on– 45 (1) Nothing in derogation from section 37,

and derogation from 38, 29, 40 and 41 of this constitution shall

fundamental rights invalidate any law that is reasonable

justifiable in a democratic society -

(a) in the interest of defence, public safety,

public order public morality or public

health; or

(b) for the purpose of protecting the rights

and freedom of other persons.

(2) An act of the National Assembly shall not

be invalidated by reason only that it

provides for the taking, during periods of

emergency, of measures that derogate

from the provisions of section 33 or 35 of

this constitution; but no such measures

shall be taken in pursuance of any such

Act during any period of emergency save

to the extent that those measures are

reasonably justifiable for the purpose of

dealing with the situation that exists

during that period of emergency:

Provided that nothing in this section shall

authorize any derogation from the

provisions of section 33 of this

constitution, except in respect of death

resulting from acts of war or authorize

any derogation from the provisions of

section 36 (8) of this constitution.

Special jurisdiction-46(1) Any person who alleges that any of the

Of the High Court and provisions of this chapter has been, is

legal aid being or likely to be contravened in any

State in relation to him may apply to a

High Court in that State for redress.

(2) Subject to the provisions of this

constitution, a high court shall have

original jurisdiction to hear and determine

any application made to it in pursuance of

the provision of this section and may

make such orders, issue such rights and

give such directions as it may consider

appropriate for the purpose of enforcing

or securing the enforcement within that

State of any right to which the person who

makes the application may be entitled

under this chapter.

(3) The Chief Justice of Nigeria may make

rules with respect to the practice and

procedure of a High Court for the

purposes of this section.

(4) The National Assembly –

(a) may confer upon a High Court such

powers in addition to those conferred by

this section as may appear to the National

Assembly to be necessary or desirable for

the purpose of enabling the court more

effectively to exercise the jurisdiction

conferred upon it by this section; and

(b) shall make provisions –

(i) for the rendering of financial assistance to

any indigent citizen of Nigeria where his

right under this chapter has been infringed

or with a view to enabling him to engage

the services of a legal practitioners to

prosecute his claim, and

(ii) for ensuring that allegations of

infringement of such rights are substantial

and the requirement or need for financial

or legal aid is real.

APPENDIX II

AFRICAN CHARTER ON HUMAN PEOPLE’S RIGHTS,

ADOPTED JUNE 27, 1981

Preamble

The African States members of the Organization of African

Unity, parties to the present convention entitled “African

Charter on Human and Peoples’ Rights”.

Recalling Decision 115 (XVI) of the Assembly of Heads of

State and Government at its sixteenth Ordinary Session held

in Monrovia, Liberia, from 17 to 20 July, 1979 on the

preparation of a “preliminary draft on an African Charter on

Human and Peoples’ Rights providing inter alia for the

establishment of bodies to promote and protect human and

peoples’ rights”.

Considering the Charter of the Organization of African

Unity, which stipulates that “freedom, equality, justice and

dignity are essential objectives for the achievement of the

legitimate aspirations of the African peoples”.

Reaffirming the pledge they solemnly made in Article 2 of

the said Charter to eradicate all forms of colonialism from

Africa, to coordinate and intensify their cooperation and

efforts to achieve a better life for the peoples of Africa and to

promote international cooperation having due regard to the

Charter of the United Nations and the Universal Declaration

of Human Rights:

Taking into consideration the virtues of their historical

tradition and the values of African civilization which should

inspire and characterize their reflection on the concept of

human and peoples’ rights.

Recognizing on the other hand, that fundamental human

rights stem from the attributes of human beings which

justifies their national and international protection and on the

other hand that the reality and respect of peoples rights

should necessarily guarantee human rights.

Considering that the enjoyment of right and freedoms also

implies the performance of duties on the part of everyone.

Convinced that it is henceforth essential to pay a particular

attention to the right to development and that civil and

political rights cannot be dissociated from economic, social

and cultural rights in their conception as well as university

and that the satisfaction of economic, social and cultural

rights is a guarantee for the enjoyment of civil and political

rights.

Conscious of their duty to achieve the total liberation of

Africa, the people of which are still struggling for their

dignity and genuine independence, and undertaking to

eliminate colonialism, neocolonialism, apartheid, Zionism

and to dismantle aggressive foreign military bases and all

forms of discrimination particularly those based on race,

ethnic group, color, sex language, religion or political

opinions.

Reaffirming their adherence to the principles of human and

peoples’ rights and freedoms contained in the declarations,

conventions and other instrument adopted by the

Organization of African Unity, the Movement of Non-

Aligned Countries and the United Nations.

Firmly convinced of their duty to promote and protect

human and peoples rights and freedoms taking into account

the importance traditionally attached to these rights and

freedoms in Africa.

Have agreed as follows:

Article 1

The Member State of the Organization of African Unity,

Parties to the present Charter shall recognize the rights,

duties and freedoms enshrined in this Chapter and shall

undertake to adopt legislative or other measures to give

effect to them.

Article 2

Every individual shall be entitled to the enjoyment of the

right and freedoms recognized and guaranteed in the present

Charter without distinction of any kind such as race, ethnic

group, color, sex, language, religion, political or any other

opinion, national and social origin, birth or other status.

Article 3

Every individual shall be equal before the law. Every

individual shall be entitled to equal protection of the law.

Article 4

Human beings are inviolable. Every human being shall be

entitled to respect his life and the integrity of his person. No

one may be arbitrarily deprived of his right.

Article 5

Every individual shall have the right to the respect of the

dignity inherent in a human being and to the recognition of

his legal status. All forms of exploitation and degradation of

man particularly slavery, slave trade, torture, cruel, inhuman

or degrading punishment and treatment shall be prohibited.

Article 6

Every individual shall have the right to liberty and to the

security of his person. 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 7

1. Every individual shall have the right to have his case

heard.

This comprises:

a. The right to an appeal to competent national organs

against acts of violating his fundamental rights as

recognized and guaranteed by conventions, laws,

regulations and customs in force.

b. The right to be presumed innocent until proved guilty

by a competent court or tribunal.

c. The right to defence, including the right to be

defended by Counsel of his choice.

d. The right to be tried within a reasonable time by an

impartial court or tribunal.

2. No one may be condemned for an or omission which

did not constitute a legally punishable offence at the

time it was committed. No penalty may be inflicted

for an offence for which no provision was made at

the time it was committed. Punishment is personal

and can be imposed only on the offender.

Article 8

Freedom of conscience, the profession and free practice of

religion shall be guaranteed. No one may subject to law and

order, be submitted to measures restricting the exercise of

these freedoms.

Article 9

1. Every individual shall the right to receive

information.

2. Every individual shall have the right to express and

disseminate his opinions within the law.

Article 10

1. Every individual shall have the right to free

association provided that he abides by the law.

2. Subject to the obligation of solidarity provided for I

29, no one may be compelled to join an association.

Article 11

Every individual shall have the right to assemble freely with

others. The exercise of this right shall be subject only to

necessary restrictions provided for by law in particular those

enacted in the interest of national and security, the safety,

health, ethics and rights and freedom of others.

Article 12

1. Every individual shall have the right to freedom of

movement and residence within the borders of a State

provided he abides by the law.

2. Every individual shall have the right to leave any

country including his own, and to return to his

country. This right may only be subject to

restrictions, provided for by law for the protection of

national security, law and order, public health or

morality.

3. Every individual shall have the right, when

persecuted, to seek and obtain asylum in other

countries in accordance with laws of those countries

and international conventions.

4. A non-national legally admitted in a territory of a

State Party to the present Charter, may only be

expelled from it by virtue of a decision taken in

accordance with the law.

5. The mass expulsion of non-nationals shall be

prohibited. Mass expulsion shall be that which is

aimed at national, racial, ethnic or religious or

groups.

Article 13

1. Every citizen shall have the right to participate freely

in the government of his country, either directly or

through freely chosen representatives in accordance

with the provisions of the law.

2. Every citizen shall have the right of equal access to

the public service of his country.

3. Every individual shall have the right of access to

public property and services ins strict equality of all

persons before the law.

Article 14

The right to property shall be guaranteed. It may only be

encroached upon in the interest of public need or in the

general interest of the community and in accordance with the

provisions of appropriate laws.

Article 15

Every individual shall have the right to work under equitable

and satisfactory conditions and shall receive equal pay for

equal work.

Article 16

1. Every individual shall have the right to enjoy the best

attainable state of physical and mental health.

2. States parties to the present Charter shall take the

necessary measures to protect the health of their

people and to ensure that they receive medical

attention when they are sick.

Article 17

1. Every individual shall have the right to education.

2. Every individual may freely take part in the cultural

life of his community.

3. The promotion and protection of morals and

traditional values recognized by the community shall

be the duty of the State.

Article 18

1. The family shall be the natural unit and basis of

society. It shall be protected by the State which shall

take care of its physical health and moral.

2. The State shall have the duty to assist the family

which is the custodian of morals and traditional

values recognized by the community.

3. The State shall ensure the elimination of every

discrimination against women and also ensure the

protection of the rights of the woman and the child as

stipulated in international declarations and

conventions,

4. The aged and the disabled shall also have the right to

special measures of protection in keeping with their

physical or moral needs.

Article 19

All peoples shall be equal; they shall enjoy the same respect

and shall have the same rights. Nothing shall justify the

domination of a people by another.

Article 20

1. All peoples shall have the right to existence. They

shall have the unquestionable and inalienable right to

self-determination. They shall freely determine their

political status and shall pursue their economic and

social dev elopement according to the policy they

have freely chosen.

2. Colonized or oppressed peoples shall have the right

to free themselves from the bonds of domination by

resorting to any means recognized by the

international community.

3. All peoples shall have the right to the assistance of

the States Parties to the present Charter in their

liberation struggle against foreign domination, be it

political, economic or cultural.

Article 21

1. All peoples shall freely dispose of their wealth and

natural resources. This right shall be exercised in the

exclusive interest of the people. In no case shall a

people be deprived of it.

2. In case of spoliation, the dispossessed people shall

have the right to the lawful recovery of its property as

well as to an adequate compensation.

3. The free disposal of wealth and natural resources

shall be exercised without prejudice to the obligation

of promoting international economic cooperation

based on mutual respect, equitable exchange and the

principles of international law.

4. States Parties to the present Charter shall individually

and collectively exercise the right to free disposal of

their wealth and natural resources with a view to

strengthening African unity and solidarity.

5. States parties to the present Charter shall undertake to

eliminate all forms of foreign economic exploiation

particularly that practiced by international

monopolies so as to enable their peoples to fully

benefit from the advantages derived from their

national resources.

Article 22

1. All peoples shall have the right to their economic,

social and cultural development with due regard to

their freedom and identity and in the equal enjoyment

of the common heritage of mankind.

2. States shall have the duty, individually or

collectively, to ensure the exercise of the right to

development.

Article 23

1. All peoples shall have the right to national and

international peace and security. The principles of

solidarity and friendly relations implicitly affirmed

by the Charter of the United Nations and reaffirmed

by that of the Organization of African Unity shall

govern relations between States.

2. For the purpose of strengthening peace, solidarity and

friendly relations, States Parties to the present

Charter shall ensure that:

a. Any individual enjoying the right of asylum under 12

of the present Charter shall not engage in subversive

activities against his country of origin or any other

State Party to the present Charter.

b. Their territories shall not be used as bases for

subversive or terrorist activities against the people of

any other State Party to the present Charter.

Article 24

All peoples shall have the right to a general satisfactory

environment favorable to their development.

Article 25

States Parties to the present Charter shall have the duty to

promote and ensure through teaching education and

publication, the respect of the rights and freedoms contained

in the present charter and to see to it that these freedoms and

rights as well s corresponding obligations and duties are

understood.

Article 26

States Parties to the present Charter shall have the duty to

guarantee the independence of the courts, and shall allow the

establishment and improvement of appropriate national

institutions entrusted with the promotion and protection of

the rights and freedoms guaranteed by the present Charter.

CHAPTER II – DUTIES

Article 27

1. Every individual shall have duties towards his family

and society, the State and other legally recognized

communities and the international community.

2. The rights and freedoms of each individual shall be

exercised with due regard to the rights of others,

collective security, morality and common interest.

Article 28

Every individual shall have the duty to respect and consider

his fellow beings without discrimination and to maintain

relations aimed at promoting, safeguarding and reinforcing

mutual respect and tolerance.

Article 29

The individual shall also have the duty:

1. To preserve the harmonious development of the

family and to work for the cohesion and respect of

the family; to respect his parents at all times, to

maintain them in case of need;

2. To serve his national community by placing his

physical and intellectual abilities at its service.

3. Not to compromise the security of the state whose

national or resident he is.

4. To preserve and strengthen social and national

solidarity, particularly when the latter is threatened.

5. To preserve and strengthen the national independence

and the territorial integrity of his country and to

contribute to its defence in accordance with the law.

6. To work to the best of his abilities and competence,

and to pay taxes imposed by law in the interest of the

society.

7. To preserve and strengthen positive African cultural

values in his relations with other members of the

society, in the spirit of tolerance, dialogue and

consultation and, in general to contribute to the

promotion of the moral wellbeing of society.

8. To contribute to the best of his abilities, at all times

and at all levels, to the promotion and achievement of

African unity.

APPENDIX III

UNITED NATIONS CHARTER ON HUMAN RIGHTS

1948

On December 10, 1948 the General Assembly of the

United Nations adopted and proclaimed the Universal

Declaration of Human Rights the full text of which

appears in the following pages. Following this historic

act, the Assembly called upon all Member countries to

publicize the text of the Declaration and “to cause it to be

disseminated, displayed, read and expounded principally

in schools and other educational institutions, without

distinction based on the political status of countries or

territories”.

PREAMBLE

Whereas recognition of the inherent dignity and of the

equal and inalienable rights of all members of the human

family is the foundation of freedom, justice and peace in

the world.

Whereas disregard and contempt for human rights have

resulted in barbarous acts which have outraged the

conscience of mankind, and the advent of a world in

which human beings shall enjoy freedom of speech and

belief and freedom from fear and want has been

proclaimed as the highest aspiration of the common

people.

Whereas it is essential, if man is not to be compelled to

have recourse, as a last resort, to rebellion against

tyranny and oppression, that human rights should be

protected by the rule of law,

Whereas the peoples of the United Nations have in the

Charter reaffirmed their faith in fundamental human

rights, in the dignity and worth of the human person and

in the equal rights of men and women and have

determined to promote social progress and better

standards of life in larger freedom,

Whereas Member States have pledged themselves to

achieve, in cooperation with the United Nations, the

promotion of universal respect for and observance of

human rights and fundamental freedoms,

Whereas a common understanding of these rights and

freedoms is one of the greatest importance for the full

realization of this pledge.

Now, therefore THE GENERAL ASSEMBLY

proclaims THIS UNIVERSAL DECLARATION OF

HUMAN RIGHTS as a common standard of

achievement for all peoples and all Nations, to the end

that every individual and every organ of society, keeping

this Declaration constantly in mind, shall strive by

teaching and education to promote respect for these

rights and freedoms and by progressive measures

national and international, to secure their universal and

effective recognition and observance, both among the

people of Member States themselves and among the

peoples of territories under their jurisdiction.

Article 1

All human beings are born free and equal in dignity and

rights. They are endowed with reason and conscience and

should act towards one another in a spirit of brotherhood.

Article 2

Everyone is entitled to all the rights and freedoms set

forth in this Declaration, without distinction of any kind,

such as race, color, sex, language, religion, political or

other opinion, national or social origin, property, birth or

other status. Furthermore, no distinction shall be made on

the basis of the political, jurisdictional or international

status of the country or territory to which a person

belongs, whether it be independent, trust, non-governing

or under any other limitation of sovereignty.

Article 3

Everyone has the rights to life, liberty and security of

person.

Article 4

No one shall be held in slavery or servitude; slavery and

the slave trade shall be prohibited in all their forms.

Article 5

No one shall be subjected to torture or to cruel, inhuman

or degrading treatment or punishment.

Article 6

Everyone has the right to recognition everywhere as a

person before the law.

Article 7

All are equal before the law and are entitled without any

discrimination to equal protection of the law. All are

entitled to equal protection against any discrimination in

violation of this Declaration and against any incitement

to such discrimination.

Article 8

Everyone has the right to an effective remedy by the

competent national tribunals for acts violating the

fundamental rights granted him by the constitution or by

law.

Article 9

No one shall be subjected to arbitrary arrest, detention or

exile.

Article 10

Everyone is entitled in full equality to a fair and public

hearing by an independent and impartial tribunal, in the

determination of his rights and obligations and of any

criminal charge against him.

Article 11

(1) Everyone charged with a penal offence has the right

to be presumed innocent until proved guilty

according to law in a public trial at which he had all

the guarantee necessary for his defence.

(2) No one shall be held guilty of any penal offence on

account of any act or omission which did not

constitute a penal offence, under national or

international law, at the time when it was committed.

Nor shall a heavier penalty by imposed than the one

that was applicable at the time penal offence was

committed.

Article 12

No one shall be subjected to arbitrary interference with his

privacy, family, home or correspondence, nor to attacks upon

his honor and reputation. Everyone has the right to the

protection of the law against such interference or attacks.

Article 13

(1) Everyone has the right to freedom of movement and

residence within the borders of each state.

(2) Everyone has the right to leave any country,

including his own to return to his country.

Article 14

(1) Everyone has the right to seek and to enjoy in other

countries asylum from persecution.

(2) This right may not be invoked in the case of

prosecutions genuinely arising from non-political

crimes or from acts contrary to the purposes and

principles of the United Nations.

Article 15

(1) Everyone has the right to a nationality.

(2) No one shall be arbitrarily deprived of his nationality

nor denied the right to change his nationality.

Article 16

(1) Me and women of full age, without any limitation

due to race, nationality or religion, have the right to

marry and to found a family. They are entitled to

equal rights as to marriage, during marriage and at its

dissolution.

(2) Marriage shall be entered into only with the free and

full consent of the intending spouses.

(3) The family is the natural and fundamental group unit

of society and is entitled to protection by society and

the State.

Article 17

(1) Everyone has the right to own property alone as well

as in association with others.

(2) No one shall be arbitrarily deprived of his property.

Article 18

Everyone has the right to freedom of thought, conscience

and religion; this right includes freedom to change his

religion or belief, and freedom either alone or in community

with others and in public or change his religion or belief, and

freedom, either alone or in community with others and in

public or private, to manifest his religion or belief in

teaching, practice, worship and observance.

Article 19

Everyone has the right to freedom of opinion and expression;

this right includes freedom to hold opinions without

interference and to seek, receive and impact information and

ideas through any media and regardless of frontiers.

Article 20

(1) Everyone has the right to freedom of peaceful

assembly and association.

(2) No one may be compelled to belong to an

association.

Article 21

(1) Everyone has the right to take part in the government

if his country directly or through freely chosen

representatives.

(2) Everyone has the right of equal access to public

service in his country.

(3) The will of the people shall be the basis of the

authority of government; this will shall be expressed

in periodic and genuine elections which shall be by

universal ad equal suffrage and shall be held by

secret vote or by equivalent free voting procedures.

Article 22

Everyone as a member of society, has the right to social

security and is entitled to realization, through national effort

and international cooperation and in accordance with the

organization and resources of each State, of the economic,

social and cultural rights indispensable for his dignity and

the free development of his personality.

Article 23

(1) Everyone has the right to work, to free choice of

employment, to just and favorable conditions of work

and to protection against unemployment.

(2) Everyone, without any discrimination, has the right to

equal pay for equal work.

(3) Everyone who works has the right to just and

favorable remuneration ensuring for himself and his

family an existence worthy of human dignity, and

supplemented, if necessary, by others means of social

protection.

(4) Everyone has the right to form and to join trade

unions for the protection of his interests.

Article 24

Everyone has the right to rest and leisure including

reasonable limitation of working hours and periodic holidays

with pay.

Article 25

(1) Everyone has the right to a standard of living

adequate for the health and wellbeing of himself and

of his family, including food, clothing, housing and

medical care and necessary social services and the

rights to security in the event of unemployment,

sickness, disability, widowhood, old age or other lack

of livelihood in circumstances beyond his control.

(2) Motherhood and childhood are entitled to special care

and assistance. All children, whether born in or out of

wedlock, shall enjoy the same social protection.

Article 26

(1) Everyone has the right to education. Education shall

be free, at least in the elementary and fundamental

stages. Elementary education shall be compulsory.

Technical and professional education shall be made

generally accessible to all on the basis of merit.

(2) Education shall be directed to the full development of

the human personality and to the strengthening of

respect for human rights and fundamental freedoms.

It shall promote understanding, tolerance and

friendship among all nations, racial or religious

groups, and shall further the activities of the United

Nations for the maintenance of peace.

(3) Parents have a prior right to choose the kind of

education that shall be given to their children.

Article 27

(1) Everyone has the right freely to participate in the

cultural life of the community, to enjoy the arts and

to share in scientific advancement and its benefits.

(2) Everyone has the right to the protection of the moral

and material interests resulting from any scientific,

literacy or artistic production of which he is the

author.

Article 28

Everyone is entitled to a social and international order in

which the rights and freedoms set forth in this

Declaration can be fully realized.

Article 29

(1) Everyone has duties to the community in which lone

the free and full development of his personality is

possible.

(2) In the exercise of his rights and freedoms, everyone

shall be subject only to such limitations as are

determined by law solely for the purpose of securing

due recognition and respect for the rights and

freedoms of others and of meeting the just

requirements of morality, public order and the

general welfare in a democratic society.

(3) These rights and freedoms may in no case be

exercised contrary to the purposes and principles of

the United Nations.

Article 30

Nothing in this Declaration may be interpreted as implying

for any State, group or person any right to engage in any

activity or to perform any act aimed at the destruction of any

of the rights and freedoms set forth therein.