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Background

Theophilus Emiowele-Osezua was accepted as being politically persecuted by the Federal Office (Bundesamt) on the 24. February 1998. The Federal Commissioner (Bundesbeauftragte), appealed against the positive decision, giving arguments which were not only arbitrary and full of double standards, but on evidence that had, initially, been thoroughly investigated by the Federal Office before arriving at its positive decision .

By the opposition of the Federal Commissioner, Theophilus had to wait for over one year before he was invited to the court (Verwaltungsgericht) in Meinningen on February 4. 1999.

From the beginning of the proceedings, the court refused to take into account the overwhelming evidence of his political engagement and commitment in Nigeria as well as in Germany. The court adduced false reasons and arrived at false conclusions. And to quote his lawyer, "the presiding judge based his judgement on reasons different from the protocols of the court proceedings". For example some of the reasons on which the court based his judgement such as the right authority who ought to sign his certificate and the fact that he presented two certificates with two different signatories were never clarified from him in the process of the court proceedings. He was made to suffer for the lack of understanding of the judge of how the educational system in Nigeria works. The result was that after over one year after the Federal office accepted Theophilus as being politically persecuted, the court in Meinningen-Thüringen turned it down.

The reason for this action was to paint a picture that Nigeria was already on the way to democracy, even before anything concrete could take place in this respect. This was because when General Sanni Abacha died in June of 1999 and General Abdulsalam Abubakar who was his Chief of Defence Staff took over, the west, notably the United States, Britain and Germany, immediately commenced a propaganda blitz to create the impression that all was now automatically well, which neutralised the voice of the human rights activists who disturb unbridled investments and oil extraction, and further open the way to deport Nigerian exiles in Germany, even before a true programme of democracy could emerge. Theophilus as well as others were called in by the courts. The scenario in such courts was usually one of a foregone conclusion by the presiding judges; Nigeria is okay now and on the course of democracy, you should now go back home and help contribute to the new democracy in your country. By this false and western breed propaganda, the judges adduced any kind of reasons, even in the most obvious of cases to give a negative decision.

The higher court in Weimar (Oberverwaltungsgericht), in upholding the decision of the lower court in Meinningen, based its decision on the excuse that his application was filed late by his former lawyer, although this was a technical mistake and of less than 24 hours. According to my former lawyer, what actually happened was that her secretary received the decision papers (Bescheid) from the lower court (Verwaltungsgericht) on the 23^rd, but mistakenly wrote 22^nd on the receipt confirmation form from the court. This was further confirmed by the fact that this secretary does not work on Mondays, which was the 22^nd. And she tried enough to explain this point to the court, but all to no avail. It is obvious that even the court may have been conscious of what went wrong, but based its judgement on this mistake because in order to give a negative decision, it had to find a way out, by using petty methods.

What is New?

With the negative decision of the higher court in Weimar (Oberverwaltungsgericht), The first process was completely closed and Theophilus had to make a second asylum application to the Foreign office (Bundesamt), which, this time around, the Bundesamt comfortably rejected on very flimpsy and untenable excuses as; he will not be persecuted for his exile political activities and that he should go home and help build the new democratic process. Theophilus again headed for the courts in Gera.(Verwaltungsgericht). He has since December last year been invited to the court. The presiding judge made an inquiry decision (Beweisbeschluss), after the hearing, to find out or confirm certain assertions or information from the Institute For Africa Kunde in Hamburg; The Amnesty International and The Auswärtigen Amt. The court has since received the reports from these organisations and Theophilus’ lawyer has since the 5^th of July made his statement to the court. We are now awaiting the decision of the court.

The Facts

In response to some of the questions put forward by the court the Amnesty International, Institute For African Kunde and The Auswärtigen Amts, certain facts as well contradictions came out clear:

For example, The Amnesty International, although, claimed not to have so much information about The OPC at its disposal, did well enough to make references to the numerous reports from the Nigerian and International Press on such questions as ( i ) whether the organisation was actually banned? (ii ) If it was actually true that President Olusegun Obasanjo, at the end of November 1999, threatened that anyone who identified themselves with the OPC be arrested and if they resist arrest should be shot on the head? ( iii ) Was this threat executed? And if yes how does the Nigerian authority deal with the OPC and their members? (iv) Is it true that 21 members of the OPC were arrested at the end of November 1999 or Mid-December 1999? (V) Is there any information on further arrests of the OPC members? And if yes what are the reasons for these arrests and are there still some members of the OPC in detention?

Although from the numerous reports cited by the Amnesty International it was clear that the president himself and many other government functionaries referred to "the organisation which called itself" OPC as illegal and that the president actually gave the "shoot-at-sight order" and that from the numerous evidence of massive arrests and killings, that the police actually carried out the order and that further arrests and killings have continued unabated in the running battle between the police and the members of the OPC till this day, it was, nevertheless not to the knowledge of Amnesty International if any person who had been actively engaged in the activities of the OPC as well as the other burning issues like the Niger-delta would face repercussions or be endangered on return to Nigeria.

In the report of the Auswärtigen Amts, it is clearly stated that since January 1999 is an order to arrest the members of the OPC in force. And on the 26^th of November 1999 the president ordered the police to shoot any member of the OPC who resisted arrest. "I ordered the police to shoot OPC members at sight". The report of the Auswärtigen Amts, also quoted a memorandum by the (Committee for Defence of Human Rights) CDHR to the Senate in Abuja as follows: "The police, in their aggressive manhunt for OPC leader (Adams) has continued with it state backed brutality, arresting, detaining, torturing, maiming and even killing innocent souls". It also states the difficulty in identifying peaceful and militant OPC members in the prevailing confused political situation in Nigeria.

On the action of the soldiers in Odi, where hundreds of people were killed and almost all the houses destroyed and in Choba where most of the women were raped, the Auswärtigen Amts tried to hold brief for General Obasanjo by saying that The president apologised. But it is on record that in a letter to the state governor, that the president stoutly defended the soldiers of any wrong doing.

On the question of the existence of the OPC in Germany, the Linking of the organisation with the Joint Action Committee JACOM is enough answer to this question. JACOM was formed in March 1998 by the coming together of the United Democratic Front of Nigeria UDFN led by Professor Wole Soyinka-a Yoruba man and The National Democratic Coalition NADECO led by Chief Anthony Enahoro- an Edo man. The existence of these organisations in exile as well as in Germany is well known. The OPC as an integral part of the opposition front against the injustices in Nigeria, is also very much present in Germany, directly or indirectly. The letter of Dr. Frederick to the court in Gera on not only the active presence of the organisation in Germany, but also of Theophilus’ active engagement in this regard.

The report of The Institute for African Kunde, which said Theophilus’ active engagement in The OPC in exile and the fear for persecution on return to Nigeria will depend on which wing of the OPC he belonged, or as it relates to The United Democratic Front of Nigeria (UDFN) if he engaged in the use of force or terrorist methods, is amply answered by the above quotations from the Auswärtigen Amt’s report. In other words, he does not need to belong to any wing to be persecuted.

All the reports agree on the fact that the police and military on regional level carry out brutal actions on their own, without the federal government.

An Overview of the Present Political Situation in Nigeria

The political situation in Nigeria, has not changed much except there was a cosmetic political change with the most if not all of the problems that were there during the military era still very present. The recent visit of Germany’s Foreign Affairs Minister Mr. Joschka Fisher, goes a long way to confirm this assertion. During the visit the entourage was said to have interacted with members of the human right community and were well informed that no concrete change had taken place. The Niger-delta has continued to burn, with heavy military presence, massive abuse on the fundamental human rights of the people like: freedom of assembly, speech and movement. With the police and soldiers engaging in frequent sprees of bombardments of towns and villages, arrests of suspected demonstrators and murder of the people. The case of the Odua Peoples’ Congress OPC, with continuous arrests, arson by security agents on the properties of suspected members and outright elimination through extra-judicial killings of suspected members. The Religious Riots which started in the northern part of the country with reprisals in the eastern part of the country. All these political problems are bordered by the underlying political question like the conveying of the sovereign National Conference, which the opposition as the articulate voice of the people advocated from the era of extreme military dictatorship of Abacha, which up till now the new regime has refused to address.

Coupled with this is the uncertain political horizon with the incidence of political threat to life and elimination of political rivals very rampant. The political uncertainty as regards the fear of imminent coups, police and military brutality on the civilian society has gone a long way to increase the state of insecurity and abuse on the fundamental human rights of the people. In a nutshell, what we have is one of political uncertainty and fear.

Further links:
 

• The campaign as it started in February 1999
• Nigeria - the reality behind the maskedited by Theophilus Emiowele Osezua
• Link to the latest arguments from the court in Schwerin see cases of: Akubuo Anusonwu Chukwudi, Adebayo Alabi,  another asylum seekers from Nigeria