NIGERIA MEDIA MONITOR

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#03-25 June 29, 1998

*	Journalist deported for publishing anti-Abacha stories
*	MEDIAMEN WANT POLITICAL PRISONERS, JOURNALISTS RELEASED
*	GOVERNMENT PROMISES TO RESPECT HUMAN RIGHTS
*	NIGERIAN PRISONS OVERSTRETCHED BY OVER 100%
*	FREEDOM FOR DETAINEES

NEWSREEL

GAMBIA DEPORTS NIGERIAN JOURNALIST
The repressive antics of the Abacha regime was replayed in Gambia two
weeks after his death as a Nigerian journalist was ordered out of the
country for publishing anti-Abacha stories.

Sule Musa, a Gambian-based Nigerian journalist, alleged that he was
deported from the West African country on the orders of the Nigerian High
Commissioner, Mr. Geofrey Teneilabe over his earlier stories on the death
of General Shehu Musa Yar'Adua and an interview published on the death
sentence passed on General Oladipo Diya and others.

Sule who until June 9, 1998 was an Assistant Editor of Daily Observer
newspaper in Bakau-Gambia  said he was arrested at the newspaper premises
a day after General Abacha die and was taken to Bakau police station.

He was later taken to Banjul in a peugeot 505 saloon car having been led
to his residence to pick his international passport and two editorial
files he took home the previous day.

He was driven to the  Yundun airport where he was detained for a whole day
without food until he was served his deportation order the next day.

MEDIAMEN WANT POLITICAL PRISONERS, JOURNALISTS RELEASED
Participants at a workshop held in Lagos have called on the new government
of General Abdulsalam Abubakar to open up the political space so that the
media and other institutions of the society can operate in an unfettered
environment.

A communique issued at the end of the two-week training workshop on
editorial writing for Journalists in the print media organised by  the
Independent Journalism Centre (IJC)  urged the government to release
unconditionally all political detainees,  particularly Journalists at its
various prisons around the country.

The communique said, for the media to harness the potential of the new
communication technology government should put in place liberal regulating
machinery for the operation of the Internet Service Providers (ISPs).

While calling on publishers to provide opportunities for continuous
training for journalists, in the area of communication law, use of English
and new communication technologies, the workshop urged them to equip
journalists with the necessary communication tool to enhance their job.

Media organisations it said, should set up editorial boards with the
necessary freedom required, adding that journalists must keep the
editorial pages faithful to the ideals of democracy and pluralism.

The two-week workshop dealt on pressures on the editorial page in Nigeria;
ethical issues in editorial writing; the place of new technologies in
editorial writing; essentials of language use for the editorial writing,
legal limitations and protection for editorial writers and how the
editorial page can serve the cause of democracy.

Seasoned lecturers and top media executives including: Professor Adidi Uyo
of the department of Mass Communication University of Lagos and Dr. G.G.
Darah, the editorial page editor of The Guardian Newspapers lectured at
the workshop

 GOVERNMENT PROMISES TO RESPECT HUMAN RIGHT
The Nigerian Head of State, General Abdulsalam Abubakar, 22 June, 1998
outlined the vision of his three weeks old administration: the restoration
of Nigeria to a society where democracy, human rights and the rule of law
reign unfettered.

General Abubakar spoke at Aso Rock, Abuja, during a courtesy visit by the
National Human Rights Commission  (NHRC).

The commission, among other matters, had advised General Abubakar that
"the issue of the trial of Chief M.K.O. Abiola which had generated
national and international concern should be expeditiously dealt with."

Speaking on the occasion, the Head of State said the his immediate
priority was the enthronement of genuine democracy in the country, and
that he would like to see a Nigeria where the rule of law and respect for
human rights reign supreme.

He added that his vision for Nigeria is that of a society where nobody
would be intimidated for his views or on account of his religious or
ethnic backgrounds.

Earlier, Chairman of the commission, Mr. Justice Patrick Nwokedi (rtd)
said the body appreciates "the enormous task ahead" of General Abubakar
"at this critical period of our nation's search for a durable democratic
system."

Nwokedi added: "The release of  some detainees and pardon of convicted
prisoner's recently by your administration and the promise to consider the
release of others, will go a  long way to provide a platform for national
reconciliation. And the full enjoyment of human rights by the people. In
this context, the issue of the trial of Chief M.K.O. Abiola which has
generated national and international concern should be expeditiously dealt
with."

In an eight-point recommendation to General Abubakar, Justice Nwokedi
listed issues which he said were "fundamental to the effective promotion
and protection of human rights in Nigeria."

These include the immediate review of "all laws militating against the
full enjoyment of human rights by Nigerians" to  conform "with not only
constitutional but also international standards."

"In particular, we would like to cite the State Security (Detention of
Persons) Decree No. 2 of 1984 and the Treason and Other Offences (Special
Military Tribunal) Decree 1 of  1986 as two decrees that deserve urgent
review", stated Justice Nwokedi.

The commission also expressed regret that "several security institutions
have formed the habit of arresting and detaining the relatives of suspects
in lieu of those suspects."

Nwokedi added: "It is wrong, morally unfair, and illegal to arrest one
person for the alleged offence of another person. We, therefore, appeal to
the government to restrain the police and other security operatives from
engaging in this practice which has come to be known as hostage-taking.

The NHRC also urged General Abubakar to address "the tread of disobedience
to the orders of our courts" by government agencies. "We are of the view
that to guarantee the observance and protection of human rights and
fundamental freedom in any society, including our own, it is absolutely
imperative that the pronouncements of the judges be complied with by
appropriate authorities."

Besides, the commission also drew attention to the "abuse of power" by
task forces, saying that the task forces and other agencies with powers of
arrest and detention set up by all the three tiers of government to handle
many issues "is unfortunately turning into national human rights nuisance
and serving as one of the vehicles of gross human rights abuse in the
country".

The commission therefore, suggested that "these task forces should be
rationalised and made to operate within the law in which the rights and
dignity of citizens are respected."

NIGERIAN PRISONS OVERSTRETCHED BY OVER 100%
Nigerian prisons are overstretched by over 100 per cent, statistics
released by the National Human Right Commission (NHRC) have revealed.

The figures, contained  in the commission's newsletter, said that 8,605
inmates were accommodated in the seven prisons that officials of NHRC
visited.

It said that the figures were almost twice the facilities' maximum
capacity of 4,734, adding that the worst affected facility was the
Kirikiri Minimum Prisons with 2,289 inmates about four times its capacity
of 704.

The commissions's Chief Public Affairs Officer, Alhaji Ujudud Shariff,
said in the report that 6,492 of the inmates or over 60 per cent, were
awaiting trial while only 2,213 were convicts.

The report blamed the situation on the system of administration of justice
in the country, stressing that most suspects had not been tried because of
the lack of security vehicles to convey them to the courts.

The report cited the case of Hajj offenders in some states, whose trials
had been delayed by the lack of judges.

It described prison conditions in the country as "dehumanising, appalling,
degrading and harshly punitive," adding that the situation was repulsive
and "totally unacceptable to anyone with conscience."

"It is a national embarrassment and a serious violation of the inmates'
fundamental human right," the report added, pointing out that the
conditions were not conducive for prisons meant to be corrective centres.

It condemned the lack of facilities in the prisons, saying that decades of
neglect and indifference had caused the complete deterioration of basic
facilities, such as water, bedings, electricity, ad medical care, for
inmates.

The report noted that basic infrastructure for the learning of trades,
such as tailoring, carpentry and handcrafts were either "nonexistence or
hopelessly dilapidated."

"The prisons are just punitive dungeons," the report stressed, adding that
anyone who spent a night in them would never be the same.

The report stressed that the prisons must give opportunities to offenders
to integrate into the community after the completion of their terms and
urged the federal government to declare a state of emergency for the
prisons to underscore the seriousness of the situation.

It urged state chief judeges to frequently visit prisons in their areas
and release those who might have spent longer periods than they would have
done if they had been convicted, while the old, the sick and nursing
mothers should be freed on compassionate grounds.

The report also called for reforms on the administration of justice in the
country with a view to checking backpassing among ;the police, the courts,
the prison service and attorneys-general.

It also called for the introduction of suspended sentences and parole in
the country, adding that free medical care should be provided to inmates,
with National Youth Service Corps (NYSC) doctors posted to the prisons
while the current situation where prisoners were charged for medical
services should be discouraged.





COMMENTARY
FREEDOM FOR DETAINEES
Last week, in response to public expectations, and "to facilitate the
process of national reconciliation", the Head of State, Gen. Abdulsalam
Ababakar, ordered the release of Gen. Olusegun Obasanjo, Chief Bola Ige,
Mrs. Chris Anyanwu, Dr. Beko Ransome-Kuti, Chief Olabiyi Durojaiye, Chief
Frank Ovie-Kokori, Mr. Uwen Udoh, and Mr. Milton Dabibi all of whom had
either been jailed for certain offences or detained without charge by the
Abacha Administration. The Federal Goverment pointed out that their
release was in fulfilment of the promise by the late General Sani Abacha
on November 17, last year. In his address to the nationa at the time, Gen.
Abacha had promised to free certain categories of detainees whose release
would not pose a threat to national security.  Five months after the
pledge, a group of persons were freed ostensibly in fulfilment of the
promise.  But the stature of most of the beneficiaries detracted
significantly from the public sentiment at the time the promise was made.

General Abubakar's decision to genuinely make good on that promise is a
wise step.  The General exhibited good grace when he said his action was
in fulfilment of the pledge made by his predecessor.  In view of the
circumstances of his emergence as our new leader, we consider his
pronouncement mature.  It gives an impresion of continuity in govoernment
but, perhaps more significantly, it indicate the Head of State's
determination to lower the temperature of acorimony in the land.  Not
surprisingly, this has been so.  Families and relaltions of the released
persons have been jubilating.  The naira is steadily firming up against
the US dollar.  Across the land, there is renewed hope, and an air of
relief.

As time goes on, however, General Abubakar will need to distance himself
from the unpopularity of the Abacha administration.  We have never had a
more unpopular leader in the history of our country, and our country never
more polarised since the dark days of 1966.  Under the Abacha
administration, the country was in the grip of terror and fear.

But commendable as the release of detainees may seem, the thing to
remember is that many of the persons in jail or detention in our land
ought not to be there in the first place.  Some of the persons who have
just been released have insisted, for example, on their innocence.  They
allege that they were imprisoned by courts which under all circumstances
should be regarded as unconstitutional.  And at least one of them, Chief
Olabiyi Durujaiye, has pointed out how he was detained for 560 days
without any charge, or explanation. What has been advertised mainly, is
the arbitrariness and wanton abuse of human rights and human dignity which
became the norm.  No Nigerian deserve to be so treated.

No one, not even the government, may deny a citizen any his rights a
freedom hwithout cause.It is unjust to have a citizen detained
indefinitely, or to have his rights and freedoms abridged without due
process.  The cause of justice is not served when suspects are not
charged, and when persons on a Holding Charge are 'forgotten' in
detention.

There are still more persons in detention and in jail whose cases will
have to be reconsidered by the Federal Government.  There are political
detainees, that is, persons whose detention has more to with their
practical views and with their attitude towards the Abacha Administration
than with any crime against the state.  Then there are those persons who
are supposedly being held 'for security reasons'.  Under the Abacha
Adminisration, all form of arbirtrary curtailment of rights and freedom
found shelter under the umbrella of  national  security"; with the the
amorphous Decree 2 (as amended) as grundnorm. There are also persons whose
continued detention is consequent upon the tardiness or procedural
irregularity of judicial processes. In this category is to be found victim
of the Failed Bank Decree, many of whom have been in detention for over
three years without trial. It is understandable that Gen. Abubakar will
choose to move cautiously on what may be regarded as sensitive matters.
But it cannot be hot potato when a man facing a bailable charge is relased
to go home.

Gen. Abubakar should review these cases. All other political detainees and
prisoners of conscience, including Chief M. K. O Abiola, the undeclearered
winner of the June 12, 1993 presidential election, should be freed. The
place to start is asking if an alleged offence is bailable. Is it
bailable? Is it not? We must go back to the first principle. There is also
a law that permits the Attorney-General of apply the nllie prosequi to
discontinue a case, and he does not have to give any explaanation for his
decision. Persons awaiting trial who have genuine cases to answer should
be made to face due process without any further delay, and with the
assurance that they will get justice and fair treatment. In keeping with
his call for support and reconciliation, it would not be out of place if
the Head of State were to further grant amnesty to persons whose cases are
political, such as those convicted for alleged coup-plotting. The fear of
the state taking away individual freedom at will is something to which no
Nigerian should be subjected to. To return our country back to the people
is the important point. What needs to be done is for the government of the
day to continuously open up and expand the space for genuine
reconciliation and to inspire public confidence. During the Abacha
Administration, a regime of fear was imposed on the nation, many people
were driven underground, and into exile. Gen. Abubakar is in a position to
bring such people back into the fold.

Already, he has extended a hand of friendship to Nigerians who went into
exile because of their differences with the government. Some of the exiles
are still being charged for treason. Some of them were officially declared
wated by the Abacha Administration. Even now, they are still considered
wanted until the charges against them are dropped. The case of the exiles
will have to be followed up by action, and silent diplomacy. Contact and
dialogue should be established and all politically motivated charges
against the exiles should be dropped. This will no doubt speed up the
process of reconciliation, which is a precondition for progress. It will
be dishonest to pretend that anyone will return home without concrete
assurances that indeed the bad days are over.

A lot of house-cleaning also needs to be done. Several years of abuse and
arbitrariness have built irrationality into the system of crime
monitoring, prevention and administration in our land. There are too many
security agencies pretending to be maintating law and order. The agencies
are uncoordinated. Under Gen. Abacha, they were largely responsible for
the arbitrary arrests ad detention of persons, to such an extent that it
become possible for persons to disappear without trace, for seveal weeks,
without any security agency claiming resposibility for their arrest. This
would have to stop. To ensure order, Gen. Abubakar would have to
streamline the security agencies. The courts should also be strengthened.
Vicarious arrest of the relations or colleagues of suspects, as witnessed
in the last four years, should also cease. Our laws do not provide that
one person many be punished for the crime of another.

We would like to see a return to due process in all activities of
government. Ours is a land convulsed by hate, pain and fear in the last
five year. This is the time to end all that to instill confidence in the
polity. And General Abubakar has started well - in the right direction.

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