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Campaign for Accountable Governance through Elections (CAGE) Secretariat: WARDC 17/19, Allen Avenue, Oshopey Plaza, Ikeja, Lagos, Nigeria.
Tel: 234-1-4977101, 2341 7915198, E mail: cage.nigeria@yahoo.com



Professor Maurice M. Iwu
Chairman
Independent National Electoral Commission (INEC)
Plot 436 Zambezi Crescent
Maitama District
FCT, Abuja
16 May 2007


Dear Professor Maurice M. Iwu

Re: 2007 Elections: request to prosecute all suspected perpetrators of
election fraud and violence in Nigeria

The Campaign for Accountable Governance through Elections (CAGE) is writing to request you to urgently begin a thorough and efficient investigation into allegations of fraud and violence during the just concluded general elections in Nigeria, and to bring all suspected perpetrators to justice promptly and fairly whatever their status or position in the society.

CAGE is a coalition of civil society organizations established early 2006 to promote and advocate for human rights and transparency-driven elections in Nigeria. CAGE seeks to promote human rights reforms through – and in - the electoral and related processes. It aims to engage, encourage and motivate the citizens to use their voting rights to demand human rights reforms and accountability from political parties, candidates standing for elections and any future government.

CAGE member organizations participated in the monitoring of the last elections and witnessed unprecedented electoral corruption in the history of the country. CAGE member organizations saw massive and widespread violence, rigging, multiple voting, box snatching, illegal possession of ballot boxes, stuffing of ballot boxes; impersonation, ‘house voting’, unlawful possession of voting machines, vote buying, deliberate delay or refusal to supply election materials to certain areas, multiple thumb-printing of ballots, harassment or intimidation of candidates, agents, voters and monitors, and absence of valid voters register. In many cases, INEC officials turned the other way to incidents of fraud and violence.

Other domestic and international election observers witnessed and reported the same trends were in evidence throughout much of the country.

CAGE is seriously concerned that the perpetration of election fraud and violence has disenfranchised many Nigerian voters, and denied them their right to participate in the government of their own country, contrary to Nigeria’s human rights obligations, including under the African Charter on Human and Peoples’ Rights. Election fraud and violence resulted in the death of tens of thousands of innocent Nigerians. The entire process has seriously undermined Nigeria’s democratic stability.

However, contrary to the provisions of the Electoral Act, and Nigeria’s obligations under the International Covenant on Civil and Political Rights and other similar human rights treaties, your Commission has so far failed and/or neglected to conduct a full and thorough investigation into the allegations highlighted above, while suspected perpetrators continue to enjoy impunity for their actions, which have contributed to violations of human rights. Impunity means that those who commit election fraud and violence can get away with it and have no reason not to continue in the next elections.

The following are among those allegedly involved in election fraud and violence: • Chief Lamidi Adedibu of Oyo State
• Taofeek Arapaja, Oyo State deputy governor-elect
• deputy governor of Ondo State, Otunba Omolade Oluwateru
• Other high level government officials or their supporters or agents
• Several electoral officers and law enforcement officers across the states of Nigeria

Unfortunately many of the perpetrators of election fraud and violence continue to enjoy almost absolute impunity despite Nigeria’s international human rights obligations to transparently and effectively investigate and prosecute such persons.

Election fraud and violence is a violation of citizens’ human rights for which victims are entitled to a remedy for damage suffered. This right to a remedy is one of the basic pillars of the rule of law and democratic society. Thus, every state is required to use all the legal means at its disposal to combat the chronic repetition of violations and impunity, which the failure to investigate, prosecute and adjudge those responsible for violations of internationally recognized human rights, including the right to participate in the government of one’s country. Thus, suspected perpetrators must be identified and their responsibility must be clearly established and the rights of the victims sustained to the fullest possible extent.

The United Nations General Assembly, to which Nigeria belongs, adopted, by consensus, the Declaration on Basic Principles of Justice for Victims of Crime and Abuse of Power on 29 November, 1985. The Declaration, described as “a reflection of the collective will of the international community to restore the balance between the fundamental rights of suspects and offenders, and the rights and interest of victims”, is also known as the Magna Carta for victims. Victims of election fraud and violence are implied in the Declaration’s broad definition of victims of crime, ie persons who individually or collectively have suffered harm, which includes physical or mental injury, emotional suffering, or substantial impairment of their fundamental rights.

The Declaration requires that states adopt measures that will improve, among other things, the access of victims of crime to justice and fair treatment. Furthermore, states are required to treat victims with compassion and dignity, among others.

Similarly, the Human Rights Committee, established pursuant to the International Covenant on Civil and Political Rights to which Nigeria is a party, has interpreted Article 2(3) of the Covenant to require states to conduct an effective prosecution to remedy the harm caused to victims of right to life and personal integrity violations, which are clearly the consequences of election fraud and violence committed against the people of Nigeria. Article 2(3) generally provides that states must accord an effective remedy to any person whose rights under the ICCPR have been violated.

The message from the above-highlighted jurisprudence is clear: states must guarantee victims an effective investigation and prosecution as a remedy for violations implicating human rights, including right to life and personal integrity and to choose one’s representatives. Therefore, failure to conduct effective investigation and prosecution not only violate the general duty to prosecute, but more specifically, they violate victims’ rights to an effective remedy.

CAGE believes that the investigation and prosecution of those suspected to be responsible for fraud and violence during the 2007 elections would help to strengthen the rule of law, bring justice to victims and erode the entrenched culture of impunity of the country’s leaders.

Rather than compromise the country’s democratization process, the investigation and prosecution of those suspected to be responsible for election fraud and violence would strengthen it, and return Nigeria back to the comity of civilized nations.

CAGE is seriously concerned that the continuing impunity being enjoyed by those suspected to be responsible for election fraud and violence; especially those connected with the authorities in Abuja posses a serious threat to the fragile democratization process.

CAGE therefore asks you to:

? Immediately begin a thorough and efficient investigation into the allegations of fraud and violence during the 2007 elections
? Immediately identify high-raking government officials, supporters, or individuals who perpetrated, supported or condoned election fraud and violence and refer such persons to the appropriate authorities for prosecution
? Publicly admit responsibility for the failure of INEC to provide a level playing field and a conducive environment devoid of election fraud and violence
? Publicly apologize to the Nigerian people for overseeing such unprecedented widespread and large scale election fraud and violence, which have resulted in grotesque electoral outcomes.
However, should you refuse and/or neglect to act as advised above by the 15 June 2007, CAGE will take legal action nationally and internationally to compel compliance, for the sake of equity and justice in the investigation and prosecution of those who have perpetrated electoral corruption and brought so much suffering to the millions of Nigerians.

Yours sincerely,

ABIOLA AKIYODE-AFOLABI
NATIONAL COORDINATOR
STEERING COMMITTEE CAGE

ADETOKUNBO MUMUNI
NATIONAL SECRETARY
STEERING COMMITTEE, CAGE