Socio-Economic
Rights and Accountability Project (SERAP) has complained to the United Nations
Working Group on Arbitrary Detention over the degrading treatment meted out to
the deposed Emir of Kano, Muhammadu Sanusi II.
SERAP said the arrest
and continued detention of the former Emir after his banishment is an egregious
violation of his human rights.
It notes that the
Nigerian and Kano State authorities have violated the following rights under
the Nigerian Constitution, 1999 (as amended) and international law in
continuing to deny Sanusi the right to be free from arbitrary detention; the
right to freedom of movement; and the right to due process of law.
In the complaint,
dated 11 March, 2020 and signed by SERAP deputy director Kolawole Oluwadare,
the organization called on the UN to initiate a procedure involving the
investigation of Sanusi’s case, and urgently ask Nigerian and Kano State
authorities about the legal basis for his arrest, detention, and degrading
treatment.
SERAP said a
detention is arbitrary when it is clearly impossible to invoke any legal basis
justifying the deprivation of liberty. Article 9(1) of the International
Covenant on Civil and Political Rights, which confirms the right to liberty and
freedom from arbitrary detention, guarantees that no one shall be deprived of
his liberty except on such grounds and in accordance with such procedure as are
established by law.
The complaint
addressed to Mr. José Guevara Bermúdez Chairman/Rapporteur of the Working
Group, read in part: “The Human Rights Committee has interpreted his right to
mean that procedures for carrying out legally authorized deprivation of liberty
should also be established by law and State parties should ensure compliance
with their legally prescribed procedures.
“Pursuant to the
mandate of the Working Group, the “Manual of Operations of the Special
Procedures of the Human Rights Council” and the publication “Working with the
UN Human Rights Programme, a Handbook for Civil Society”, SERAP, a
non-governmental human rights organization, can provide information on a
specific human rights case or situation in a particular country, or on a
country’s laws and practices with human rights implications.”
“As set forth in
this Individual Complaint, the Nigerian and Kano State authorities are
arbitrarily depriving the deposed Emir of Kano, Muhammed Sanusi II (Sanusi
Lamido Sanusi) of his liberty and continues to arbitrarily detain him. Emir
Sanusi is a citizen of Nigeria and has been detained since 9 March, 2020.
“SERAP therefore
argues that the case adequately satisfies the requirements by which to submit
an individual complaint to the UN Working Group on Arbitrary Detention.
“SERAP is therefore
seeking an opinion from the Working Group finding Emir Sanusi’s continuing
detention to be arbitrary and in violation of Nigeria’s Constitution and
obligations under international law.
“Emir Sanusi Lamido
Sanusi was the Emir of Kano, Muhammed Sanusi II, Kano State of Nigeria until 9
March, 2020 and is a known critic of the Nigerian and Kano State authorities.
He has for many years campaigned for universal access to quality education for
Nigerian children and exposed political corruption and human rights violations
in Nigeria.
“By a letter dated
March 9, 2020, and signed by the Secretary to the Kano State Government, Usman
Alhaji, the Emir of Kano, Muhammed Sanusi II was informed that he had been
summarily deposed from the throne of Emir of Kano by the Kano State Government.
He was accused of “total disrespect” to the governor of Kano State, Mr
Abdullahi Umar Ganduje, an ‘offence’, which is unknown to Nigerian and
international law.
“Following his
dethronement without fair hearing and due process, he was arrested and
reportedly forcibly removed by Nigerian security agents. He is now being
arbitrarily detained in Awe, the headquarters of Awe local government area of
Nasarawa State of Nigeria.
“He was driven by
Nigerian security agents for nearly seven hours in the night and arrived at
about 2am in Nasarawa State. Emir Sanusi remains in arbitrary detention and
without access to the outside world.”
SERAP vowed to
pursue the regular communications procedure before the Working Group in order
to have the ability to provide comments on any response by the Nigerian and
Kano State authorities.
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