Nigeria: Whether members of the Oodua Peoples Congress (OPC) are detained without charge or denied access to bail; whether OPC members, while in custody, are tortured by members of the security forces (November 1999 - April 2001)
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 24 May 2001 |
| Citation / Document Symbol | NGA36795.E |
| Reference | 2 |
| Cite as | Canada: Immigration and Refugee Board of Canada, Nigeria: Whether members of the Oodua Peoples Congress (OPC) are detained without charge or denied access to bail; whether OPC members, while in custody, are tortured by members of the security forces (November 1999 - April 2001), 24 May 2001, NGA36795.E, available at: https://www.refworld.org/docid/3df4be803.html [accessed 3 November 2019] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
No mention of members of the Oodua Peoples Congress (OPC) being tortured by members of the security forces, while in custody, could be found among the sources consulted by the Research Directorate.
In October 2000 the federal government declared that the OPC "illegal" and ordered the arrest of its leaders and supporters (AFP 20 Oct. 2000; Post Express 20 Oct. 2000).
There are allegations of the killing, or mistreatment, of OPC members, or suspected members, by the security forces. Human Rights Watch World Report 2001 stated: "Police raids for suspected members of the OPC resulted in the arbitrary detention of hundreds of people and summary execution of dozens" (2001). Corroboration of the claim that dozens of OPC members had been summarily executed could not be found in the sources consulted by the Research Directorate. Nevertheless, a 20 January 2000 edition of The Punch carried allegations by Kayode Ogundamisi, National Secretary of the OPC, "that over 1,800 OPC members were being detained without trial, with many killed, while homes of Yoruba were being illegally raided by security agents in the wake of the clampdown on the group." Without providing detail, a 24 January 2000 article from The News reported that police had "started carrying out reprisals against members of the [OPC] movement and their families." Africa Research Bulletin reported comments by the Lagos State commissioner of police that his officers were prepared "to deal 'ruthlessly and summarily' with hoodlums and OPC members in the state" (Jan. 2000, 13841). The Inter-Church Coalition on Africa reported that televised pictures and interviews with policemen "showed them celebrating the directive [from President Obasanjo to shoot on sight OPC members refusing arrest at riot scenes] and threatening to kill any OPC member within sight" (Feb. 2000, Sec. 7). A 6 November 2000 report from P.M. News carried allegations made by the Chairman of Ojo Local government that "many innocent Yorubas without connection with the OPC are being arrested and maltreated by the rampaging soldiers," and that soldiers had engaged in "shooting of anybody with facial marks." A Yoruba "socio-political organisation, Afenifere," stated that police "stormed" a meeting of Yorubas and claimed that "this unwarranted attack led to the arrest, maiming, torture and killing of innocent persons and the wanton destruction of property" (Vanguard 26 Mar. 2001). In addition, without reference to OPC members, sources reported routine abuses by security forces including "arbitrary detention, torture and extrajudicial killings" (AI 21 Dec. 2000; Freedom House 2000).
There are also reports of the arrest of large numbers of OPC members in connection with different disturbances, some of which involved the deaths of over 100 people (Post Express 15 June 2000; ibid. 17 May 2000; P.M. News 2 Dec. 1999; Africa Research Bulletin Jan. 2000, 13841; AFP 13 Nov. 2000; ibid. 19 Oct. 2000; Vanguard 21 Feb. 2001; ibid. 31 May 2000).
The Immigration & Nationality Directorate reported in October 2000 on relations between the OPC and the Nigerian police:
The OPC have continued to be involved in vigilante violence. In August, after a number of violent clashes, including attacks on the police, the Nigerian police announced a crackdown on OPC members involved in these crimes. The attitude of the public, in the Lagos area, to the OPC is ambivalent, as they are seen as attempting to impose order in areas where the police have been unsuccessful, and some Yorubas sympathises with their aims, if not their methods. The Nigerian police have targeted their action against members of the OPC involved in violence, and ordinary members generally appear to be able to express their views without harassment (Sec. 8.8).
There are many reports of OPC members being arraigned at court, being granted bail and being denied bail. What follows is a brief chronology of those reports beginning in January 2000.
In January 2000 91 suspected OPC members were arraigned before a chief magistrate court and refused bail in relation to charges of killing, "conspiracy, throwing of acid and stealing of firearms" (The News 24 Jan. 2000; Tempo 28 Jan. 2000).
According to Africa Research Bulletin the Lagos police commissioner reported that 200 suspected members of the OPC had been arrested and that "some would be charged with arson and murder" (Jan. 2000, 13841).
P.M. News reported on 14 February 2000 that seven suspected OPC members, who had been refused bail by a Magistrate Court in Ebutte Metta in January 2000 on eight charges, were released on bail by "an Ebute-Metta Magistrate Court." The newspaper did not report when they were originally arrested.
On 17 May 2000 Post Express reported that seven OPC members, different from those mentioned above, had "been charged before an Akure Chief Magistrate Court with conspiracy and armed robbery." They had been arrested on 25 April 2000 when they were among about 100 OPC members who had gone to a police station "to effect the bail of their members arrested after the Easter Monday fracas in the city" (ibid.).
On 23 May 2000 Vanguard reported that "two criminals" had been refused bail on charges of assault. The newspaper wrote that following the arrest of the two, 60 other OPC members were arrested after allegedly mobilizing 1000 suspected OPC members who police claimed attacked a police station and freed the two, while also taking away ammunition (ibid.). The police spokesperson said the 60 would soon be presented in court (ibid.).
On 31 May 2000 Vanguard reported that seven alleged OPC members were granted bail in relation to charges that they were involved "in a mayhem at Akala/Mushin which claimed several lives." They had been arrested in January 2000 and the judge that granted their release on bail was reported to have "lambasted the office of the State Director of Public Prosecution for not arraigning the detainees at a court of proper jurisdiction four months after they had been detained" (ibid.). The newspaper reported that 100 suspected OPC members had been arrested at that time but that the seven who were released were the only ones who had applied for bail (ibid.). In another case, the lawyer of 10 suspected OPC members, who had been reported as "languishing" in prison "over their alleged involvement in the murder of a Divisional Police Officer," said that they would be applying to a court for bail on 13 July (ibid.).
Post Express reported on 15 June 2000 claims by an OPC leader that about 66 people, that included OPC members, had been "detained four weeks ago, adding that the security operatives had since been collecting N6,000 from each of them to affect their bail." The charges against them included robbery (ibid.).
On 16 August 2000 Post Express reported that 22 OPC members, who had been arrested on 2 December 1999 on charges of "illegal assembly and conducts likely to cause a breach of the peace," were acquitted by an Ilorin Chief Magistrate court for lack of evidence. They had originally been held for 12 days before being released on bail (ibid.).
On 17 October 2000 Post Express reported that 13 OPC members appeared in court for prosecution on charges related to unlawful assembly and illegal possession of firearms. They pleaded not guilty, but were denied bail and the hearing was adjourned until 20 October (ibid.).
AFP reported on 19 October 2000 that police had begun arresting OPC leaders and supporters after four days of violence in Lagos that resulted in more than 100 deaths. On 20 October 2000 the news agency reported that "72 people suspected of involvement in the killings of ethnic Hausas by Yoruba militants from the OPC had been charged in court with murder, arson and unlawful possession of weapons." Including OPC leader Frederick Fasheun (Fasehun), 205 people had been arrested in the previous two days (ibid.). The arrests had followed a statement on the disturbances issued by the Federal Government on 18 October 2000 in which it ordered the arrest and prosecution of all people claiming or presenting themselves as OPC members "or members of similar organizations" and declared the OPC illegal (NTA TV 18 Oct. 2000).
On 13 November 2000 Fasheun was granted bail by a Lagos High Court after being arraigned on charges of "murder, illegal possession of arms, and arson after four days of violence in Lagos" in October 2000 (AFP 13 Nov. 2000; Post Express 14 Nov. 2000). Three other persons charged with the same offences were also granted bail (ibi.d; PANA 14 Nov. 2000). Fasheun had been charged on 20 October 2000, along with "41 suspected supporters" (AFP 13 Nov. 2000; PANA 14 Nov. 2000). Upon his release Fasheun was immediately re-arrested (ibid.; AFP 13 Nov. 2000). Although no new charges were reported, police said that he was sought for questioning in relation to another incident involving "violence in Ilorin which preceded the Lagos unrest" (ibid. 14 Nov. 2000). On 15 November PANA reported that he was charged with criminal conspiracy, disturbing public peace and inciting harm and that he had been granted bail on the same day by a magistrate in Ilorin (PANA 16 Nov. 2000). Sources then reported that he had been acquitted on the charges of murder, arson and robbery by a Magistrate's Court, after the presiding judge said that "she had been advised by the State prosecutors that they had no case against Fasheun" (PANA 18 Nov. 2000; Post Express 20 Nov. 2000). PANA reported that the 41 other persons who had been arrested on the same charges "would remain in custody since the prosecutors had said they had a case against them" (18 Nov. 2000), while Post Express reported that five other persons who were being tried alongside Fasheun would remain in police custody until "their case will be taken to the High Court for further hearing" (20 Nov. 2000) The Ilorin case was reported in November 2000 as "still pending" (ibid.). On 22 November 2000 Post Express reported criticisms from a Senator, of the Minister of Justice, for the granting of bail to Fasheun and the Senator's allegations that the granting of bail to the OPC leader constituted a "subversion" of the law.
On 20 February 2001 Vanguard reported claims made from Germany by the OPC Secretary-General, Kayode Ogundamisi, that "many young members of our organization are still languishing in police detention after the disturbances in Lagos last October; without being charged to, or convicted by, a court."
For further information on the OPC please consult NGA33777.E of 6 March 2000.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.
References
Africa Research Bulletin: Political, Social and Cultural Series [Oxford]. January 2000. Vol. 37, No. 1. "Nigeria: State of Emergency Threat."
Agence France Presse (AFP). 14 November 2000. "Nigeria: Rearrested O'odua Congress Leader Questioned Over Ilorin Violence." (FBIS-AFR-2000-1114 14 Nov. 2000/WNC)
_____. 13 November 2000. "Nigeria: O'odua Congress Leader Fasheun Briefly Released on Bail, Rearrested." (FBIS-AFR-2000-113 13 Nov. 2000/WNC)
_____. 20 October 2000. Ade Obisesan. "Nigerian Militant Leader Brought to Court After Wave of Violence." (NEXIS)
_____. 19 October 2000. Peter Cunliffe-Jones and Ade Obisesan. "Nigeria Arrests Leaders of Militant Group Over Killings." (NEXIS)
Amnesty International (AI). 21 December 2000. "Nigeria: Time for Justice and Accountability."
Freedom House, New York. 2000. Country Reports 1999-2000.
Human Rights Watch (HRW). 2001. World Report 2001.
Immigration and Nationality Directorate (IND), Home Office, UK. October 2000. Country Assessment on Nigeria.
Inter-Church Coalition on Africa (ICCAF), Toronto. February 2000. ICCAF Human Rights Report: The Situation in Nigeria in 1999/2000.
The News [Lagos]. 24 January 2000. Ademola Adegbamigbe. "Nigeria; The OPC Bogey." (Africa News/NEXIS)
NTA TV [Lagos, in English]. 18 October 2000. "Government Declares Oodua People's Council Illegal." (BBC Summary 20 Oct. 2000/NEXIS)
Panafrican News Agency (PANA). 18 November 2000. "Nigeria: Court Releases Yoruba Militant Group Leader ." (FBIS-AFR-2000-1118 18 Nov. 2000/WNC)
_____. 16 November 2000. "Nigeria; Re-Arrested Militant Group Leader Granted Bail Again." (Africa News/NEXIS)
_____. 14 November 2000. "Nigeria; Leader of Group Blamed for Inter-Ethnic Violence Re-Arrested." (Africa News/NEXIS)
P.M. News [Lagos]. 6 November 2000. Gabriel Orok. "Nigeria; Alleged OPC Inspector Arrested." (Africa News/NEXIS)
_____. 14 February 2000. Adewale Busari. "Nigeria: Judge Orders OPC Men Released." (Africa News/NEXIS)
_____. 2 December 1999. Gabriel Orok. "Nigeria; 200 OPC Members Arrested." (Africa News/NEXIS)
Post Express [Lagos]. 22 November 2000. Emma Anyigor. "Quit Now, Senator Tells Ige."
_____. 20 November 2000. Tunji Adeyemi and Tunde Sanni. "Fasehun Acquitted, Dares Govt."
_____. 14 November 2000. Emmanuel Edom and Tunji Adeyemi. "Fasehun, OPC Leader, Granted Bail."
_____. 20 October 2000. Josiah Emerole, Sissa Agboh, Lukkey Abawuru, and Chimex Ndubuisi. "Police Arrest Fasehun."
_____. 17 October 2000. Tunde Sanni. "Police Prosecute 18 OPC Members in Ilorin."
_____. 16 August 2000. Tunde Sanni. "Ilorin Court Clears 22 OPC Members of Charges."
_____. 15 June 2000. Dele Ogunyemi. "OPC Alleges Indiscriminate Arrests of Members."
_____. 17 May 2000. Atoki Ajibola. "Seven OPC Members Docked Over Alleged Armed Robber."
The Punch [Lagos]. 20 January 2000. Felix Ofou, Tunde Aremu and Segun Olatunji. "OPC Writes United Nations."
Tempo [Lagos]. 28 January 2000. "Nigeria; Story of a Gadfly." (Africa News/NEXIS)
Vanguard [Apapa]. 26 March 2001. Jide Ajani. "Afenifere Warns Against Police Occupation of Yoruba States."
_____. 21 February 2001. "Nigeria; Police Storm OPC Secretariat, Arrest 100 Members." (Africa News/NEXIS)
_____. 20 February 2001. Patinvoh Theopane. "Why OPC is Relevant - Ogundamisi."
_____. 31 May 2000. Ise-Oluwa Ige. "Nigeria; Seven Detained OPC Members Granted Bail." (Africa News/NEXIS)
_____. 23 May 2000. Sina Babasola. "Nigeria; Police Arrest 60 OPC Members in Oyo." (Africa News/NEXIS)
Additional Sources Consulted
Africa Confidential. [London]. Biweekly. November 1999 - April 2001.
Africa Research Bulletin: Political, Social and Cultural Series [Oxford]. Monthly. November 1999 - April 2001.
BBC Focus on Africa [London]. Quarterly. October 1999 - June 2001.
IRB databases
LEXIS/NEXIS
New African [London]. Monthly. February - April 2001.
REFWORLD
Resource Centre. Nigeria country file. January 2000 - Apirl 2001.
_____. Nigeria: Amnesty International country file. November 1999 - April 2001.
World News Connection (WNC)
Internet sites including:
Africa Policy
Amnesty International
Freedom House
The Guardian [Lagos].
Keesing's Record of World Events [Cambridge].
Post Express [Lagos].
Vanguard [Apapa].
United Nations, Integrated Regional Information Network (IRIN).
Search engines including:
HotBot
