SERAP drags Nigerian government, Kano to UN over Sanusi’s ‘detention’

The 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].”

In the complaint dated 11 March, 2020 and signed by SERAP’s deputy director, Kolawole Oluwadare, the civil society 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.

“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 letter addressed to Mr. José Guevara Bermúdez Chairman/Rapporteur of the Working Group, 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.

“We are 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.

“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.”