Socio-Economic Rights and Accountability Project (SERAP) has sent “an
urgent complaint to the United Nations Working Group on Arbitrary
Detention over the arbitrary detention and degrading treatment of
deposed Emir of Kano, Muhammadu Sanusi (II), [Sanusi Lamido Sanusi].”
SERAP said: “The arrest and continued detention of Emir Sanusi Lamido
Sanusi is an egregious violation of his human rights. The Nigerian and
Kano State authorities have violated the following rights under the
Nigerian Constitution, 1999 (as amended) and international law in
continuing to detain Emir 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 said: “The detention of
Emir Sanusi constitutes an arbitrary deprivation of his liberty because
it does not have any legal justification. The detention also does not
meet minimum international standards of due process.”
SERAP is calling on the Working Group to “initiate a procedure involving
the investigation of Emir Sanusi’s case, and urgently send an allegation
letter to the Nigerian and Kano State authorities inquiring about the
case generally, and specifically about the legal basis for his arrest,
detention, and degrading treatment, each of which is in violation of
international law.”
SERAP is also urging the Working Group to “issue an opinion declaring
that Emir Sanusi’s deprivation of liberty and detention is arbitrary and
in violation of Nigeria’s Constitution and obligations under
international law. We also urge the Working Group to call for Emir
Sanusi’s immediate release.”
According to SERAP, “We urge the Working Group to request the Nigerian
and Kano State authorities to investigate and hold accountable all
persons responsible for the unlawful arrest, continued detention, and
degrading treatment of Emir Sanusi.”
SERAP is also calling on the Working Group “to request the Nigerian and
Kano State authorities to award Emir Sanusi adequate compensation for
the violations he has endured as a result of his unlawful arrest,
arbitrary detention, and degrading treatment.”
SERAP also argued that: “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 this 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. He continues to be detained without access
to the outside world.”
“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 (Sanusi Lamido Sanusi) 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.”
“Accordingly, it is hereby requested that the Working Group consider
this Individual Complaint a formal request for an opinion of the Working
Group pursuant to Resolution 1997/50 of the Commission on Human Rights,
as reiterated by Resolutions 2000/36, 2003/31, and Human Rights Council
Resolutions 6/4, 15/18, 20/16, and 24/7.”
“SERAP respectfully requests the Working Group to initiate the procedure
involving the investigation of individual cases toward reaching an
opinion declaring Emir Sanusi’s detention to be arbitrary and in
violation of international law. To this end, SERAP will 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.”