Universal Periodic Review: Nigeria
Universal Periodic Review: Nigerian government rejects calls for abolition of capital punishment as arts freedom organisations protest the death sentence against singer Yahaya Sharif-Aminu
Every four and a half years, every member State of the United Nations Human Rights Council is required to come to Geneva to report on how it has met its human rights commitments in a process known as the Universal Periodic Review (UPR). In January 2024, it was Nigeria’s turn to report to the Council. There the Nigerian delegation reported on the measures it had taken on recommendations made to it by other UN Council member states at its previous review in 2020. These ranged from women’s rights to judicial reform, freedoms of expression and religion to migrant workers’ rights, economic and social rights to environmental protection. The UPR was also an opportunity for other UN Council states to comment on Nigeria’s report, making recommendations for further improvements. In total 132 countries made 346 recommendations on a wide range of concerns.[1]
Non-governmental organisations are also able to contribute to the process. Freemuse, the Nhimbe Trust, Unchained Vibes Africa (Nigeria) and PEN International delivered a joint submission. It raised the suppression of artistic freedom in Nigeria, including the death penalty and criminal defamation laws penalising artists for perceived insult against religion, government officials and police. It also raised restrictions against female artists, and film censorship of content seen not to conform to religious and social mores.
At the core of the submission was the death penalty served against a singer. In 2020 a Shariah court in Kano state sentenced Yahaya Sharif-Aminu to death on accusation of circulating songs containing alleged blasphemous lyrics. He is currently appealing the sentence. UN Council member states are also troubled by the death penalty in Nigeria, and 25 recommendations were made on the issue: some called for outright abolition and others for a moratorium as a step towards abolition. Others recommended that Nigeria should ratify the 2nd Optional Protocol of the International Covenant on Civil and Political Rights by which states commit to removal of capital punishment.
On 5 July 2024, the Nigerian government delegation returned to Geneva for the UN Council’s approval of the report. Notably none of the recommendations relating to the death penalty had been accepted by the government. However, the Nigerian delegation referred to the Correctional Service Act 2019 that commutes death sentences to life imprisonment where all legal remedies have been exhausted and where the sentence has not been carried out within 10 years. The government pointed out that no executions had taken place in recent years, indicating that a voluntary moratorium is in place. Freemuse notes that while the last execution in Nigeria took place in 2016, over 3,400 people were reported on death row as of December 2023.[2]
On a more positive note, 12 recommendations calling for measures to be taken to create a safer environment for human rights defenders, journalists and civil society organisations were supported by the Nigerian government which means that it will take action and report on how these have been implemented at the next cycle of the UPR in 2028/29. Although not specifically mentioned, this should also extend to the protection of artists.
Our organisations continue to campaign for the lifting of the death penalty against Yahaya Sharif-Aminu and for his release, and to monitor and advocate for the protection of freedom of expression in Nigeria, including for artists and cultural workers.
[1] For details visit https://www.ohchr.org/en/hr-bodies/upr/ng-index
[2] Habib, G (2024) ‘Why 3,504 inmates on death row haven’t been executed, says NCo’ Punch, 24 April 2024
https://punchng.com/why-3504-inmates-on-death-row-havent-been-executed-says-ncos/ Accessed: 2 August 2024
