Lagos — Reps applaud action Following a petition by the Socio-Economic Rights and Accountability Project (SERAP), the African Commission on Human and Peoples' Rights in Banjul, The Gambia, has ordered the government of Libya to suspend the execution of Nigerians on death row in the country.

This is just as the House of Representatives yesterday threw its weight behind the decision of the commission, saying the rights of Nigerians, wherever they are, must be protected.

The commission is the body charged with overseeing states/parties' compliance with their legal obligations under the African Charter on Human and Peoples Rights.

The order followed a petition by SERAP through its solicitor, Mr. Femi Falana.

The order by the African Commission restraining Libya from carrying out the execution of Nigerians convicted of various offences was contained in a provisional measure, with reference number ACHPR/PROVM/LIB/O1/75.09, dated September 9, 2009 and signed by Commissioner Bahame Tom Mukirya Nyanduga, who is the acting chairperson of the commission.

The commission said it was "seriously concerned about the allegations that several Nigerians are held on death row, while others are held in prison under inhuman and degrading treatment in Libya".

In issuing the order, the chairman said, "I have the honour to bring to the Brother Leader's attention a complaint submitted in terms of Article 55 of the African Charter on Human and Peoples' Rights to the African Commission on Human and Peoples' Rights by the Socio-Economic Rights and Accountability Project (SERAP), a human rights non-governmental organisation based in Nigeria, against the Great Socialist People's Libyan Arab Jamahiriya, on behalf of a number of Nigerian nationals alleging that they are currently held in Libyan jails in a contravention of their rights guaranteed by the African Charter.

"The complaint has been registered as a communication against Libya. I would also like to inform the Brother Leader that the communication shall be tabled before the African Commission, for seizure during its next Ordinary Session, which is scheduled to take place from 11-25 November 2009, and will subsequently be sent to the authorities."

According to the commission, "In accordance with Rule 111 (3) of the Rules of Procedure of the African Commission, I request Brother Leader to intervene in the matter with the view of preventing irreparable damage being caused to victims, while the African Commission inquires about the veracity of the complaint.

"The appeal is particularly pertinent in respect of the imprisoned Nigerians, whom the complaint alleges that they await the death penalty".

Nyanduga, however, noted that "the African Commission, while not expressing its position at this point on the legality of theses allegations, wishes to draw the Brother Leader's attention and the attention of the authorities in the Great Socialists People's Libyan Arab Jamahiriya to Resolution ACHPR/Res. 139 (XXXXIV) 08, adopted at the 44th Ordinary Session of the African Commission on the Moratorium on the death penalty in Africa."

In his reaction to the decision, Mr. Falana described the action as "a landmark decision and one which shows the willingness of the African Commission to assert its authority in critical situations such as the present one, in order to ensure full protection of the human rights of the African people, and to hold African governments responsible for their legal obligations and commitments under the African Charter".

He said justice is long overdue for the Nigerians on death row and in prisons across Libya under very harsh and dehumanising conditions. No human being should be treated unfairly and no one should be denied his/her basic humanity"

Falana charged Libya as the current chair of the African Union (AU) to show leadership by example by taking immediate steps to implement the decision requiring it to stop the execution of the Nigerians on death row.

"The time has come for the Nigerian government to show responsibility by publicly expressing support for the African Commission's decision, and working with the other members of the AU to ensure its full implementation by the Libyan authorities. Ultimately, both Libya and Nigeria must align themselves with the global trend towards abolishing the death penalty", Falana stated.

Meanwhile, the chairman of the House of Representatives Committee on Diaspora, Hon. Abike Dabiri-Erewa, has commended the decision of the African Commission and called on the Ministry of Foreign Affairs to immediately swing into action and ensure that the lives of Nigerians are not terminated indiscriminately in any part of the world.

Dabiri-Erewa noted that it is the duty of the Nigerian government to guarantee the security of its citizens irrespective of any part of the world they reside, hence the case of those incarcerated in Libya should not be an exception, adding that proper investigation should be done to ensure that Nigerian nationals are not being victimized in any part of the world.

"We commend the efforts of SERAP and the historical decision by the African Commission to order for the suspension of the impending execution of those Nigerians. We are very happy. And as a responsible parliament, we will continue to champion the cause for the comfort and peace of Nigerians. We respect foreigners in Nigeria and therefore our citizens should be accorded similar treatment in other parts of the world.

"We are following up the issue and will, therefore, appeal to the Minister of Foreign Affairs, Chief Ojo Maduekwe, to take this as a matter of urgent national importance and give it the necessary attention it deserves".

It will be recalled that earlier this month, SERAP had petitioned the African Commission on Human Rights over the fate of about 20 Nigerians awaiting execution in Libya.