MARCH 31, 2006
RE: CONCERN FOR THE CONTINUING DETENTION OF
DR. FREDRICK FASEHUNCD is concerned for the continued detention of Dr. Fredrick Fasehun in Abuja without the opportunity for bail. Dr. Fasehun has been charged with three offences that constitute petty treason. Under these charges Dr. Fasehun has the right to post bail and be released until his trial has concluded.
The continued incarceration of Dr. Fasehun without the right to bail is a violation of his Constitutional rights under the Nigerian Constitution. The 1999 Nigerian Constitution Chapter IV Section 32(4) guarantees a citizen’s right to bail where conditions for bail exist.
Dr. Fasehun’s case meets all conditions for bail and the denial of his right to post bail is a clear violation of his rights as a citizen of Nigeria. His serious health condition also compounds the violation of his rights under the Constitution to security of person.
Dr. Fasehun’s current unconstitutional detention in the first instance, before prosecution, is further evidence that the human rights situations in Nigeria has not improved under seven years of civilian rule and is, in fact, in danger of deteriorating as dissenting voices are being intimidated through authoritative abuse of the legal system and Constitution.
Washington’s 2005 Human Rights report, which was released on March 30, 2006, cited “freedom of expression and association” , as well as, “abuse of judicial process” as the major contributing factors to human rights violations in Nigeria. Washington identified the primary contributor to these violations as the Federal government of Nigeria and its supporting agencies.
Dr. Fasehun’s arrest and treatment in the judicial system clearly demonstrates that the agents responsible for the past human rights violations in Nigeria have not changed their tactics to suppress voices that speak out contrary to their agenda.
CD calls for the immediate posting of bail for Dr. Fasehun and for him to be given access to medical care that is proper for his medical condition. CD also calls on all civil society organisations in Nigeria and abroad to join us in our call for his constitutional right to bail and fair treatment under Nigerian law.
Signed,
Comrade Mashood Erubami
National President,
Campaign for Democracy (CD)