NIGERIA: ARBITRARY DETENTION OF HUMAN RIGHTS EDUCATOR

The International League Against Arbitrary Detention urges the Government of Nigeria to take all necessary actions to implement the United Nations Working Group on Arbitrary Detention Opinion No. 9/2024 concerning Mubarak Bala, asking the Government of Nigeria to immediately and unconditionally release Mr. Bala and to accord him an enforceable right to compensation and other reparations, in accordance with international law.

Read the full WGAD opinion concerning Mubarak Bala (Nigeria): Opinion No. 9/2024.

ARREST OF NIGERIAN HUMAN RIGHTS ACTIVIST

Mr. Bala is a Nigerian citizen and a human rights educator who raises awareness about extremism. He is also the President of the Humanist Association of Nigeria and is related to a prominent Islamic scholar in Nigeria.

He was first detained after disclosing to his family that he was an atheist in 2014. He was drugged and detained for 188 days in a psychiatrist facility and later harassed and threatened by various groups, including by the leader of Boko Haram.

On 27 April 2020, a local lawyer called for his arrest after he allegedly made nine statements on social media, considered as inciting Muslim to take the law by their own hands. He was arrested the next day at his home, by plain-clothed detectives from the Kano State Police Command. On 29 April 2020, he signed a document confirming that he made statements on social media and clarifying that his intentions were to debate and promote religious tolerance and not to insult anyone based on their religion.

He was officially charged on 23 June 2021 under section 114 and 210 of the Penal Code of Kano State which prohibit doing anything with intent to, or which is likely to, cause a breach of the peace and for publicly insulting or seeking to incite contempt of any religion in such a manner as to be likely to lead to breach of the peace.

He was first presented to court on 1 February 2022, after the case was adjourned three times for various reasons. During the time of the trial, Mr. Bala’s legal team applied for bail numerous times but all were denied. On 5 April, after the prosecution added 8 additional charges under the same sections of the Code, Mr. Bala decided to plead guilty contrary to legal advice. He was sentenced to 24 years in prison, the maximum penalty. On 30 May 2022, he filed an appeal that has been delayed since then.

Meanwhile, Mr. Bala’s lawyers were seeking his release in front of the High Court of Abuja on 8 May 2020 as his detention violated his fundamental rights to liberty, freedom of movement, a fair trial and freedom of thought and expression under the Constitution of Nigeria and international human rights law. On 21 December 2020, the Court ruled in his favor and considered that the arrest, detention and refusal to grant him access to legal representation were unlawful and ordered his immediate release. The order was then, never applied by the Kano State Police Command.

The Government was offered the chance to respond to the allegations on 13 July 2023, but chose not to.

ARRESTED WITHOUT A WARRANT AND DETAINED WITHOUT PROMPT APPEARANCE BEFORE A JUDGE

According to the source, Mr. Bala’s detention lacked legal basis as he was arrested, detained and prosecuted on the basis of sections 114 and 210 of the Penal Code of Kano State which it considered as broad and vaguely worded laws. The Working Group noted, in accordance with the Human Rights Committee, that the charges on which Mr. Bala’s had been detained, sections 114 and 210 of the Penal Code of Kano State, were so vague that they could not represent a legal basis. This lack of legal basis corresponded to a violation of article 11(2) of the Universal Declaration of Human Rights and article 15(1) of the Covenant.

Moreover, the source asserted that no arrest warrant was presented to Mr. Bala during his arrest and there was no evidence that a warrant was ever issued by a public authority. The Government did not respond to these allegations. Thus, the Working Group found a violation of articles 3 and 9 of the Universal Declaration of Human Rights and article 9 of the Covenant protecting the right to liberty and security and the prohibition of arbitrary deprivation of liberty.

The source submitted that Mr. Bala was not brought before a judge for 2 years and charges were brought against him more than a year after his arrest, and the final charges, 2 years after his arrest. Furthermore, all his attempts for bail were rejected. The Working Group reminded that pre-trial detention should be the exception and not the norm and should be based on an individualized determination that it reasonable and necessary to use such measures. Based on all the above, the Working Group found that Mr. Bala was not brought promptly before a judicial authority nor was he duly made aware of the charges against him and that this situation was inflicted on him without an individualized determination, in violation of his rights under article 9 of the Universal Declaration of Human Rights and articles 9(2) and 9(3) of the Covenant.

Further, Mr. Bala was detained incommunicado for five months according to the source. He was unable to challenge the legality of his detention before a court as he was not allowed to see his lawyer despite Court allowing it on 24 June 2020. He saw his lawyer for the first time on October 2020. Thus, the Working Group found the situation contrary to articles 2(3), and 9(4) of the Covenant, and article 8 of the Universal Declaration of Human Rights, protecting his right to challenge the legality of his detention and to an effective remedy.

Lastly, the source argued that the Government of Nigeria failed to comply with the release order issued by the High Court of Abuja on 21 December 2020, which the Working Group considered to be a  violation of article 9(1) of the Covenant.

Therefore, the Working Group found that the arrest and detention of Mr. Bala were arbitrary under Category I.

DETAINED FOR EXERCISING HIS FUNDAMENTAL RIGHTS TO FREEDOM OF THOUGHT, CONSCIENCE, RELIGION, AND EXPRESSION

The source pointed out that the Mr. Bala was detained for exercising his right to freedom of thought, conscience, religion and expression. The Working Group considered that Mr. Bala’s conduct, namely his statements on social media, fell within the right to freedom of expression and freedom to manifest his religion or belief. The fact that Mr. Bala was detained for exercising those very rights led the Working Group to conclude to a violation of articles 18 and 19 of the Universal Declaration of Human Rights and articles 18 and 19 of the Covenant.

Further, the Working Group recalled its findings under category I, namely that charges under sections 114 and 210 of the Penal Code of Kano State were inconsistent with the Universal Declaration of Human Rights and the Covenant as their wording is too vague. It reiterated that such broadly worded laws can have a deterrent effect on the exercise of rights, including the rights previously mentioned.

Therefore, the Working Group found that Mr. Bala’s deprivation of liberty was arbitrary under Category II.

DEPRIVED OF HIS RIGHTS TO LEGAL ASSISTANCE AND FAIR TRIAL

In the light of its previous conclusions in Category II, the Working Group noted that no trial should have taken place. However, a trial did take place and Mr. Bala was sentenced to a total of 24 years in prison.

Furthermore, the source argued that Mr. Bala’s fair trial and due process rights were violated, and that he was coerced into pleading guilty against his own legal advice. The Working Group then recalled the incommunicado detention of Mr. Bala and the fact that Mr. Bala didn’t have access to his lawyers before October 2020, despite the Kano Magistrates’ Court order from June 24th 2020. For the Working Group, this denial of access to his lawyers constituted a violation of article 14(3)(b) of the Covenant and the deprivation of his right to a fair trial constituted a violation of article 11 of the Universal Declaration of Human Rights.

In light of the above, the Working Group found that Mr. Bala’s deprivation of liberty was arbitrary under Category III.

DISCRIMINATED AGAINST BECAUSE OF HIS BELIEFS

In the source’s view, Mr Bala’s religious opinions and beliefs were at the centre of his case. It also asserted that there was a pattern in Nigeria as authorities commonly use blasphemy laws and laws criminalizing criticism of another person’s religion to arrest and prosecute non-Muslims and enforce Islamic law and doctrine while interfering with the rights and freedoms of religious minorities. In the absence of a response from the Government regarding those allegations, and the fact that Mr. Bala was detained for having peacefully exercised his rights of expression, the Working Group considered that he was detained on discriminatory grounds, based on his atheist beliefs, in violation of articles 2 and 7 of the Universal Declaration of Human Rights and articles 2(1) and 26 of the Covenant.

Hence, The Working Group found that Mr. Bala’s deprivation of liberty was arbitrary under Category V.

CONCLUSIONS OF THE UN WORKING GROUP AGAINST ARBITRARY DETENTION

In light of the foregoing, the United Nations Working Group on Arbitrary Detention considered that the detention of Mubarak Bala was arbitrary and fell under categories I, II, III, V because his deprivation of liberty was in contravention of articles 2, 3, 7, 8, 9, 11, 18 and 19 of the Universal Declaration of Human Rights and articles 2, 9, 14, 15, 18, 19 and 26 of the International Covenant on Civil and Political Rights.

The Working Group recommended that the Government of Nigeria take the steps necessary to remedy the situation of Mr. Bala without delay and bring it into conformity with the relevant international norms. The Working Group considered that, taking into account all circumstances of the case, the appropriate remedy would be to release him immediately and accord him an enforceable right to compensation and other reparations, in accordance with international law.