Nigeria: Information on military tribunals set up to deal with students who have been charged with participating in student riots, on whether those charged have a right to counsel and whether this right is respected, on whether they can choose their own counsel, and on whether defendants can bring witnesses into these tribunals to testify on their behalf
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 January 1995 |
| Citation / Document Symbol | NGA19340.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, Nigeria: Information on military tribunals set up to deal with students who have been charged with participating in student riots, on whether those charged have a right to counsel and whether this right is respected, on whether they can choose their own counsel, and on whether defendants can bring witnesses into these tribunals to testify on their behalf, 1 January 1995, NGA19340.E, available at: https://www.refworld.org/docid/3ae6ac9e30.html [accessed 20 May 2023] |
| 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. |
According to a professor of political science, who specializes in African politics at the University of Texas in Austin and has written extensively on Nigerian politics, the Miscellaneous Offences Tribunal (MOT) is a military tribunal, which federal governments have used since 1984 to investigate individuals, including students (19 Jan. 1995). In a telephone interview, the professor stated that persons appearing before the MOT are those against whom governments "do not have sufficient evidence" to warrant their appearance before other special tribunals set up for investigating treason against the state, drug trafficking, corruption and robbery with violence (ibid.). The offences brought before the MOT include those alleged to have been committed by students participating in riots (ibid.). The MOT is headed by a civilian trained in law, and supported by two or three military officers (ibid.).
The professor stated that, in order to strengthen the MOT, Nigerian military governments have also relied on Decree No. 2, the law providing a legal basis for government action, to strengthen governments' right to detain and hold persons without having to produce the detainees on request, or answer to the open civilian courts (ibid.). The professor mentioned that under President Ibrahim Babangida, the period permissible for holding persons without charges or trial was increased from six to 12 months (ibid.). With the two instruments, MOT and Decree No. 2, the military government was able to control the proceedings of the MOT (ibid.).
According to the professor, students being investigated by the MOT have a right to counsel. However, because the Nigerian Bar Association (NBA) did not want to give any semblance of legality to the process, the NBA ordered its members not to participate in the tribunal's hearings. Also, persons appearing before the tribunal can choose their counsel. But, because lawyers rarely appear before the tribunal, for fear of being reprimanded and "blacklisted" by the NBA, persons appearing before the tribunal, most of the time, do not benefit from legal representation (ibid.). The professor stated that the secret nature of the hearings has prevented witnesses from being summoned to testify on behalf of those appearing before the tribunal.
The professor added that since 1984, leaders of the National Association of Nigerian Students (NANS) have been brought before the MOT at one time or another. The hearings of the tribunal are secret, and its findings are not publicly available (ibid.). However, the tribunal has never sent students to jail, nor charged them with any criminal offences (ibid.). However, because of the MOT's ability to disrupt the academic life of students, it has been an effective threat to student activism in Nigeria (ibid.). The DIRB is unable to corroborate the professor's information at the present time.
This response was prepared after researching publicly accessible information currently available to the DIRB 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.
Reference
Professor of political science specializing in African and Nigerian politics, University of Texas, Austin. 19 January 1995. Telephone interview.
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