268/03 : Ilesanmi / Nigeria Summary of Facts 1. The Complainant is an individual, a consultant with the Economic Help Project based in Abuja, Nigeria. rd 2. The complaint was received at the Secretariat of the African Commission on 3 April 2002 and is against the Federal Republic of Nigeria which is a party to the African Charter. 3. The Complainant states that in 1999, he exposed the smuggling activities of several companies and individuals, and officials of the Customs and Excise, Police and various other officials to President Obasanjo of Nigeria and the Inspector General of Police. 4. The Complainant states that the smuggling activities include: smuggling of narcotics and their modified forms, minerals, illegal arms, carcinogen bearing foods, expired, fake and counterfeit pharmaceuticals, tyres, textiles, steel products, electronic, electrical products, spare parts, foods, cars and other products. 5. The Complainant also claims that the smugglers are responsible for the assassinations of several persons including Chief Bola Ige, Nigeria’s Attorney General and the Confidential Secretary to the Chief Justice of Nigeria. 6. The Complainant alleges that the activities of the smuggling syndicate have resulted into the shutting down of 41 textile mills, 8 auto assembly and other manufacturing plants, resulting into the dismissal of millions of workers and thereby impoverishing them. The smuggling activities have also resulted into the deaths of many people as a result of use of fake or expired drugs. 7. Through their smuggling activities the said smugglers he claims deprive Nigeria of about 101 trillion Naira, annually. 8. As a result of his actions to expose the smuggling syndicate, the Complainant claims that his th pregnant wife was assassinated on 8 July 1999. Furthermore, he was abducted and imprisoned and th held at SCID, Panti, Yaba, Lagos under inhuman conditions between 31st August and 4 September 1999. 9. The Complainant also claims that whilst in detention he was served with poisoned food by Inspector Okoye under the order of CSP Bose Dawodu, who both demanded 10,000 Naira for bail. rd 10. The Complainant further alleges that between 21st and 23 June 2000 he was abducted again by Police Commissioner Aniniru, Sergeant Joseph Akinola and Inspector Paul Ajayi of FCIBs who he claims were acting on behalf of the smugglers. He was imprisoned at the Divisional Police Headquarters in Lagos, Nigeria where he was denied water and food. Complaint 11. The Complainant alleges that the following Articles of the African Charter have been violated: Articles 2, 3, 4, 5, 12, 15, 20,21, 27 and 29. Procedure th 12. On 8 April 2002, the Secretariat of the African Commission acknowledged receipt of the complaint and requesting for additional information from the Complainant. rd th th 13. At its 33 Ordinary Session held from 15 to 29 May in Niamey, Niger, the African Commission considered the complaint and decided to be seized of the matter. 14. On 10 June 2003, the Secretariat of the African Commission wrote informing the parties to the communication that the African Commission had been seized with the matter and requested them to forward their submissions on admissibility within [three] 3 months. th th th 15. At its 34 Ordinary Session held in Banjul, The Gambia from 6 to 20 November 2003, the African Commission examined this communication and decided to defer further consideration on the th admissibility of the matter to the 35 Ordinary Session.

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