people or human rights activities...The government felt that it had to avoid chaos and it restored an interim
government, rather than even perpetuating its own regime. I think the Commission should look rather
carefully into that because it was not an ordinary situation. I could say it was just a military coup." (See
above statement of Chris Osah).
Complaint
11. The Complainant alleges violation of the following Articles 6 and 13 of the Charter.
Procedure before the Commission
12. The communication was received on 29th July 1993.
13. On 6th January 1994 the Secretariat of the Commission notified the government of Nigeria.
14. On 22nd September 1994 the Secretariat of the Commission sent a reminder to the Ministry of Foreign
Affairs.
15. At the 16th Session, the Commission reiterated the need to send a mission to Nigeria. The Commission
also decided to invoke Article 58 of the Charter by writing to the Chairman of the OAU, drawing his
attention to the grave violations of human rights in Nigeria.
16. At its 16th session, the Commission has decided that the communication should be added to the other
files that its Members going to Nigeria were to discuss with the military authorities of this country.
17. At the 17th Session, held in March 1995, it was decided that the communication should be added to the
cases to be taken up with the authorities by members of the mission to Nigeria.
18. On 20th April 1995 the Secretariat of the Commission sent letters to both Complainants to inform them
of this decision.
19. On 7th June 1995 the Secretariat to the Commission sent a letter to this effect to the Ministry of Foreign
Affairs.
20. At the 18th Session, held in Praia, Cape Verde, the Commission renewed its decision to join this file
with those to be considered by the mission to Nigeria.
21. On 20th December 1995 the Secretariat of the Commission sent a letter to each Complainant to this
effect.
22. On 20th December 1995 a letter was sent to the government of Nigeria to this effect.
23. At the 19th Session, held in March 1996, these cases were due for a decision on admissibility. The
Commission heard M Chidi Anselm Odinkalu who was duly instructed to appear for the Complainants in all
the cases except the International PEN, and heard Mr Osah and Mr Bello for the Nigerian Government in
reply.
24. At the end of the hearing the Commission took a general view on the cases and deferred taking final
decision in each case pending the accomplishment of its proposed mission to Nigeria.
25. The Commission declared the communication admissible. It further decided that all the ten files on
Nigeria in respect of which the parties were heard during this session should be entrusted to its mission to
Nigeria for consideration during the proposed visit.
26. On 9th May 1996 a letter was sent to the Nigerian Government informing it that at the 19th session it
renewed the decision taken at the 17th Session to send a mission to the country. It also stated that the
communication would be considered on the merits at the 20th Session in October 1996.
27. On 9th May 1996 letters were sent to both Complainants informing them that the communication had
been declared admissible at the 19th Session and that the Commission had decided to undertake a mission
to Nigeria. The merits of the case would be examined at the 20th Session.
28. At the 20th Session held in Grand Bay, Mauritius, October 1996, the Commission decided to postpone
the final decision on the merits of the case to the next session, awaiting the result of the planned mission to
Nigeria.
29. On 10th December 1996 the Secretariat sent a Note Verbale to this effect to the government.
30. On 10th December 1996 the Secretariat sent letters to this effect to the Complainants.
31. On 29th April, the Secretariat received a letter from Mr Olisa Agbakoba entitled 'Preliminary objections
and observations' to the Mission of the Commission which visited Nigeria from March 7th-14th 1997. The
document was submitted on behalf of INTERIGHTS with regard to 14 communications, including this one.
32. Among the objections raised and or observations made were: "the neutrality, credibility and relevance;
and composition of the mission".
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