Is there a British Army in Ekiti



I. Procedure:

1. The complaining party is a male citizen of Nigeria and applied for international protection in Austria on January 18, 2011.

2. In the first questioning of the complaining party by organs of the public security service on January 19, 2011, it stated that it was single and that it belonged to the Christian religious community and the Berum / Ika ethnic group. Most recently she lived in Zot, Nigeria and earned her living as a construction worker. You have no relatives in Austria or the European Union. Regarding her travel route, she stated that a man named Musa took her to the port of the ship on a two-day trip in a truck, in order to subsequently travel by ship to a country unknown to her for two months. The captain's wife finally drove them to Austria in a car.

The reason for leaving Nigeria was that their village was attacked by Muslim soldiers. The Christians were killed in the process. If she returns, she is afraid of being killed by Muslim soldiers.

3. In the course of the interrogation by the authorities concerned on January 26, 2011, the complaining party stated, when questioned about their reason for fleeing, that their parents had been murdered by the army and that their house had been burned down afterwards. The reason for this was that the army accused their father of being a Christian. Specifically, her father was first killed one night and her mother and the complaining party were able to flee. A year later, her mother was also killed by "these people" and the complaining party was present at the incident. The Nigerian army was used by the government to help the people, but this army is killing people. She was also unable to go to the police because her place was overcrowded with the soldiers who murdered all the Christians who were in the minority compared to the Muslims in her town.

4. With the contested decision, the complainant party's application for granting the status of person entitled to asylum in accordance with Section 3 (1) in conjunction with Section 2 (1) no Persons entitled to protection in accordance with Section 8 (1) in conjunction with Section 2 (1) no.13 AsylG are rejected (point II.), And the complainant has been expelled from Austria to Nigeria (point III.) In accordance with Section 10 (1) AsylG.

After a summary of the course of the proceedings and the interrogations, the authority in question determined that the complaining party was a Nigerian national. It could not be established that the complaining party was threatened with a well-founded fear of asylum-related persecution in its home country, Nigeria. Taking into account all known circumstances, it could not be determined that a rejection, return or deportation to Nigeria posed a real risk of a violation of Art. 2, Art. 3 ECHR or Protocols No. 6 or No. 13 for the complaining party Would mean convention. Her family lives in Nigeria. She has no family ties in Austria or one of the member states of the European Union. Furthermore, she has no knowledge of German or integration aspects and does not attend any courses or schools. The authority concerned then made country determinations on the situation in Nigeria.

In order to provide evidence, the authorities concerned stated that the allegations made by people who had escaped could be described as unbelievable. In the course of the initial questioning, the complaining party only described her reason for fleeing in general and subsequently, during the interrogation, surprisingly submitted that her parents had been murdered and that she was present at these incidents. It is absurd that she was present at the murder, but nothing happened to her. Even if their submissions were credible, it was to be assumed that the submission outlined by the complaining party could not lead to asylum being granted, since it can be deduced from the Geneva Refugee Convention that the threat must emanate from the state or at least be approved. In the specific case, the threat comes from third parties ("from individual Muslims") and such a threat is only relevant if the state is unwilling or unable to provide protection. However, this cannot be accepted in the specific case.

5. A complaint was filed against this decision in good time due to incorrect factual findings, essential procedural defects and incorrect legal assessment, in which it was essentially stated that the complaining party had not been given sufficient opportunity to present their reasons for flight in full and in detail. The army murdered her father because they believed him to be a member of the Boko Haram. Her mother, however, was murdered because the army had taken control of Zot again. The violence in Nigeria, which is characterized by the murder of Christians by the army, is rampant. Reference is made to a report by BBC News from January 18, 2011, "Nigerian flashpoint city Jos: Army shoot-to-kill orders". The authorities had failed to make any determinations on the unrest in Nigeria at the end of 2010 and the complainant's life would be in danger if they returned to Nigeria.

6. In a letter dated April 7, 2011, the asylum court granted the complaining party a hearing on current country reports and personal circumstances. On 05/05/2011 a statement was received on the country findings in Nigeria, in which, among other things. It was alleged that reports from the Foreign Office and the UK Border Agency showed that security forces were frequently accused of committing serious human rights violations, including torture, arbitrary arrests and extra-legal killings. According to the report by the Foreign Office of March 7, 2011, violent clashes over radical Islamic groups, such as the Islamist sect Boko Haram, have risen again recently. With regard to her personal circumstances, the complaining party stated that she was currently trying to learn the German language or to find a job. Unfortunately, these attempts have so far failed.

7. On October 11, 2011, the complaint procedure pursuant to Section 24 (2) AsylG 2005 was discontinued due to the fact that the complaining party had not reported properly and continued on April 30, 2013 with a procedural order.

8. With the judgment of the Regional Court for Criminal Matters XXXX dated 02/27/2014, XXXX, legally binding on 03/04/2014, the complaining party became 2nd case according to §§ 27 Paragraph 1 Item 1 and Paragraph 2, 28 Paragraph 1 2nd case , 28a para. 1 4th case, 28a para. 1 5th case SMG sentenced to imprisonment for a period of 15 months.

As a result, the complaining party was once again ruled by the Regional Court for Criminal Matters XXXX of July 17, 2014, 12Hv 61 / 14k, legally binding on December 3, 2014, according to Section 27 (1) 2nd SMG case and Section 12 2nd StGB case and Section Section 28a (1) 2nd case, 28a (4) no.3 SMG sentenced to imprisonment for a period of 4 years.

9. In a letter from the Styrian State Police Directorate, received on May 16, 2013, the Federal Asylum Office was informed that a Nigerian passport and a Spanish residence authorization card were found in the course of an apartment search of the complaining party. The criminal investigation of the documents did not reveal any falsifications, which is why it can be assumed that the complaining party is actually XXXX, StA. Nigeria, act.

10. In a letter dated June 18, 2015, the complaining party and the Federal Office for Immigration and Asylum were invited to an oral hearing before the now competent Federal Administrative Court on August 7, 2015 with the simultaneous transmission of current country reports on Nigeria.

11. The Federal Office for Immigration and Asylum informed the Federal Administrative Court on 07/07/2015 that it was not possible for an informed representative to attend this hearing for official and personal reasons. The rejection of the complaint and the transmission of the minutes of the negotiations are requested.

12. On August 7, 2015, the Federal Administrative Court held an oral hearing in the presence of an interpreter for the English language and in the presence of the complaining party. When asked, the complaining party stated in extracts as follows (spelling and typing errors corrected by the Federal Administrative Court):

"[...] R: Can you remember when you entered Austria?

P: yes. [...] It was January 2011.

R: You came from where, from Spain?

P: yes.

R: Have you been abroad since 2011?

P: I was in Spain. At that time I wanted to have my passport reissued, they wanted to get more information from me, so I decided not to do that and went back again.

R: Can you remember when that was around?

P: In January last year.

R: 2014?

P: yes. [...]

R: Did you have a residence permit in Spain?

P: yes.

R: Why did you come to Austria in the first place?

P: I was a police officer in Nigeria, I became a police officer on April 2, 1992. My police service number was XXXX, issued under the name XXXX. Between (19) 95 and (19) 96 we were given the task of "eradicating" occultism from the university.

R: where was that?

P: In Lagos. I worked in Lagos, and sometimes in Benin. We should research the leader of the cult. We were effective, we did our best. We did everything, it was routine work in the schools. I personally had to "infiltrate" some cults to get to the leader. I then found out through Professor WWWW (phonetically) that he was the leader of the "Piratenfraternität" (brotherhood). He was also responsible for the state road safety authority, which is why he was released. He was supposed to be arrested, but was able to escape, he fled through the Republic of Benin. Also BBBBB, the leader of the Bokania Brotherhood, also Emeka OOOO, he was the leader of the AYE Brotherhood. We had to track them down and know where they were. Many students were stopped and detained, but never tried. The whole world wanted to establish a "civilian regime" in Nigeria and have imposed sanctions on the military regime. I had already gained quite a bit of influence in (19) 97. Some professors, like Professor UUUUU (phonetic), were not members of a cult. Although he was in school, he was part of the cult system in Lagos.

R: I would like to interrupt you briefly and ask you whether you are aware that you are telling a completely different story today than in your proceedings before! I have z. B. already on the different dates of birth!

P: Yes, at the time I was concerned that my data would be passed on to the Nigerian authorities and therefore didn't want to talk about what really happened at the time. In 2005 I went to Spain. In 2009 it was said that the Spanish government would grant illegal immigrants an "amnesty" if they lived in the country for 3 years without harm and had an employment contract. We then decided to produce Nigerian passports. We were then at the embassy, ​​they said we should submit an application online. Ultimately, a passport was issued in 2009. In the same year, I received a job and a residence permit. I had previously worked there for a construction company. I had saved a bit of money in the meantime. My mother and sister were all missing, I didn't know where they were. So I decided to go to Nigeria to see what I can do.

R: Where did you go exactly?

P: To Lagos. I was staying with a friend of mine, but he was killed. (P cries) He was killed because of me. (P tries to calm down again).

That friend was called XXXX. That was in early 2010. We went everywhere looking for my mother and sisters. We came back one evening and I went into his room. He was sitting in the living room, I heard someone knock on the door, when he opened the door, they beat him. (P keeps crying)

R: If this upsets you, we can talk about something else. Did you leave Nigeria for the first time in 2005?

P: Yes, when they tried to kill me.

R: Tell me about it!

P: In 2004 I was still working as a police officer, I worked in a group of 5. YYYY (phonetic) was killed in his home. He was dismembered. BBMM (phonetic) was also killed. BIIII (phonetic) was poisoned. With the others, we didn't know exactly what happened, but it was said that JJJJ was shot dead by armed thieves and they were believed to have come into his house and dismembered him. BBMM was shot dead in his car. BIIII was poisoned, and within 24 hours his whole body was swollen. As for UDUD (phonetically), nobody knows where he is to this day. It all happened one by one in 2004. In early 2005, my car was stopped on the street and my car was shot. I ran away. At first I tried to hide in the car. I had my weapons with me, a pistol and an AK 47 rifle, which I always had with me. When I started shooting, they drove away. One of my employers SSEE (phonetic) advised me to go away, he knew what had happened. I had nowhere to go. He took me to see a friend of his who worked on a ship. The man helped me talk to the captain and that's how I left Nigeria.

R: I.e. You and your colleagues investigated the brotherhoods in the universities in Lagos undercover between 1992 and 2004, is that correct?

P: No, since 1995 or 1996. In the meantime, we had already stopped the undercover investigation, a year after the "civilian regime" took over the country.

R: When did you stop investigating the cults undercover?

P: That was in 2000 and 2002.

R: What did you do after 2002?

P: I was still with the police. In 1997 I was admitted to the University of Lagos, at which time I was working and studying.

R: Then who were "they" who are supposed to have killed your colleagues?

P: U. O. I. (phonetically) has already left the country and then returned. B.T. (phonetically) became governor.

R: Who do you think killed your colleagues back then and put you at risk?

P: The cult.

R: That was years after you stopped investigating there.

P: Exactly.

R: How do you justify that?

P: All of its members who were in prison have been released. MOMO was the one I left Spain because of, I knew him very well, he was a member of this "pirate brotherhood".

R: You say you have been a police officer in Lagos for 10 years and you have persecuted very dangerous brotherhoods and very "mafia" groups there.

P: yes.

R: Why 2004, why not 1997, 1998 or 1999? Why weren't you killed by one of the members at that time? I also don't understand why your superior in the police was able to organize your departure?

P: The police in Nigeria are riddled with members of the cults. You couldn't have protected me; that superior liked me very much.

R: Why did you leave Nigeria in 2005, what was your fear?

P: I was afraid of death.

R: from whom?

P: Fear of the cult members who have already become part of the authorities.

R: In 2010 you went to Nigeria from Spain?

P: In December 2009 I went to Nigeria from Spain.

R: Tell me why you left again, what was your concern and what was your problem?

P: In January 2010 I fled to Ghana.

R: why?

P: You killed XXXX.

R: Who are "they"?

P: They knocked on the door, he opened it and then they hit him. I don't know who they were, they just kept saying: "Yes, it is him" in our language it is called "Omuni". (P is crying.)

P: Then I jumped out the window, I didn't even know where I was going. I just got on a bus and then arrived in Ghana.

R: I.e. You don't even know if that affected you in any way.

P: When I came back to Spain in 2010, they called me from home, it was a good friend of mine named Dr. I.K. (phonetically), we were childhood friends, he was a member of the Bokania (phonetically) and he said: "Brother, they know where you live, be careful" and I said: "But that is not possible, how can you know? " and he said they got the information from the embassy. He said my name and photo had been given to "spiritualists" and were now in a "voodoo temple".But I still worked and didn't think it was important or even genuine, because I lived in the village, very far from the city. I came back from work in January 2011, when I was working on the mountain. 5 of them sat in the center, when I saw MOMO I had to go home on the back. MOMO was a member of a cult at the university at the time. He was arrested then. I could remember what Dr. I.K. (phonetically) said so I left the village. Then I came here, to Austria. I don't want the people here to know my name. I don't even know who the others were who sat down with MOMO at the time, I just know that MOMO is in Nigeria.

R: You know that Nigeria is a big country. Why didn't you go into hiding somewhere else in Nigeria in 2005 or 2010; B. in Benin City?

P: The universities in the country are networked and the cults are present everywhere. They work together. There is no security anywhere. You have killed with impunity before.

R: You come to Austria from Spain, change your name, try to go into hiding. Why couldn't you do the same thing in Benin City, you didn't have to go to university there!

P: Because they know me. It is not easy; I thought Austria is a "police state", then it might be safer for me.

R: You are not from Zot in Jos in Plateau State?

P: Personally not, but my parents lived there.

R: Even today you no longer state that you were attacked and persecuted by Muslims?

P: No.

R: Are your parents still alive?

P: My father was killed in Jos. My mother and my 2 sisters are missing.

R: Where did you live before you went missing?

P: My mother lived in Zot and so did the sisters.

R: When did you go to Zot?

P: I can't say that. I dont know.

R: You grew up with your aunt and not with your parents, is that correct?

P: yes.

R: Did I understand you correctly, your father was a member of such a brotherhood?

P: No, he was asked to become an Ogboni member.

R: Is that what he did or not?

P: No.

R: Were you a member of a cult?

P: I didn't really become a member, I became a part of them. I was also "initiated", normally you are only allowed to belong to one cult, but I was with 3 of them.

R: Do you mean as an investigator or as a private person?

P: As an investigator.

R: Can you tell me when you were really born?

P: XXXX. On April 2, 1992, I became a police officer. That was 1 year after I finished secondary school, I was very little. But my aunt could no longer pay for my education. There was then the opportunity to work for the police. I then had to confirm in court that I was born (19) 73 to be older.

R: I still find it difficult to understand why you have not corrected your escape story in the context of your asylum procedure in the last 4 years.

P: I was afraid, I also know a member of a brotherhood here in XXXX. With a new name, I have safely guided myself here. I have a wife and a child here.

R: Does the child have a birth certificate?

P: I don't have a birth certificate. I was living with my significant other when I was arrested and she was pregnant at the time.

R: What arrest are we talking about?

P: January 2014. Mother and child come to visit me every week. We lived together a year before.

(P writes the partner's data on a piece of paper, which is attached to the negotiating document).

R: Can you tell me something about your life in Austria before you were in prison? Did you work, did you have hobbies?

P: I distributed cards to cars from car dealerships. On Saturday I went to the flea market, where I bought cheap cell phones, which I then resold at a higher price.

R: Did you attend a German course?

P: I wanted to start a German course shortly before my arrest, unfortunately there were no free places at the time. I was told to try again in a few months. Unfortunately, I was arrested in the meantime.

R: Why didn't you take a German course between 2011 and 2014?

P: At that time I wouldn't have been able to do that, I wasn't myself, I lived with mortal fear every day.

R: And if you could theoretically stay here and get a residence permit, what would your plans be after imprisonment?

P: I wanted to start an apprenticeship as a mechanic, here in custody. But I wasn't allowed to do that because I can't write German. I actually want to work as a construction worker, there is no way to do it here in detention. I've already talked to my girlfriend about it and I want to work in this industry after my release. I save most of the money I get here.

R: I sent information about the situation in Nigeria with the summons. There are now updated reports as of July 14, 2015. Would you like the updated reports to be handed over and a deadline of a further 3 weeks for any comments?

P: yes. [...] "

13. At the request of the Federal Administrative Court, the partner submitted the following documents to the complaining party on August 9 and 10, 2015:

In a letter, the partner - X.Y. - with the fact that she is the fiancée of the complaining party and that the couple have a child together, born on XXXX. In the child's birth certificate, the complaining party was not noted as the father because she was already in custody at the time. X.Y. however, state that the complaining party is the father of the joint child. X.Y. also wanted to explain that the complaining party did not tell the untruth in the proceedings out of bad faith, but out of fear. Last August, Africans at X.Y. asked about the complaining party .. X.Y. I told them about it and the complaining party said that they must have been "cult people". X.Y. then moved. X.Y. request that the complainant be granted asylum because of the danger to her life and because of her daughter. The complaining party deeply regrets their crimes. It is difficult as a single parent.

A copy of the birth certificate of the daughter of X.Y., born on XXXX in Graz, was also sent.

14. On September 2nd, 2015 a written statement was finally received on the country information on the situation in Nigeria, according to which the ties to X.Y. and would represent considerable aspects of the complainant party's family life to their child. With reference to reports and newspaper articles it was summarized - probably - noted that there are student cults in Nigeria, that members of the Vikings Confraternity are represented in politics and involved in acts of violence, that 115 students and professors were killed between 1993 and 2003, that expelled It had been recorded at other universities that the state's protection against attacks by secret societies was imperfect, that the Ogboni groups were communicating over great distances, that Nigerians did not see the police as effective protection and that the police were corrupt.

II. The Federal Administrative Court has considered:

1. Findings:

The facts relevant to the decision have been established. On the basis of the asylum application of January 18, 2011, the interrogations of the complaining party by organs of the public security service and the Federal Asylum Office, the complaint of February 8, 2011 against the decision of the Federal Asylum Office of XXXX, the written statement of September 2, 2015 and the submissions from XY, the inspection of the relevant administrative act, inspection of the central register of residents, of the basic care information system, of the criminal record as well as of the oral hearing held before the Federal Administrative Court on August 7th, 2015, the following findings are made and the decision is based:

1.1. Regarding the complaining party:

1.1.1. The complaining party is a male citizen of Nigeria who filed the relevant application for international protection in Austria on January 18, 2011.

1.1.2. The complaining party alleged that it was from Lagos and that it attended secondary school there.

In Spain, where she lived from 2005 to 2011, she worked for a construction company.

1.1.3. The complaining party is healthy.

1.1.4. The whereabouts of any family members of the complaining party in Nigeria cannot be determined.

1.1.5. The complaining party has a partner in Austria, X.Y., and a daughter, born in March 2014.

1.1.6. In Austria, the complaining party did not attend a German course. She speaks and understands some German. It has not been in the basic service since June 2011.

1.1.7. With the judgment of the Regional Court for Criminal Matters XXXX dated 02/27/2014, XXXX, legally binding on 03/04/2014, the complaining party according to §§ 27 para. 1 no. 1 2nd case and para. 2, 28 para. 1 2nd case, 28a Paragraph 1, 4th case, 28a, Paragraph 1, 5th case, SMG sentenced to imprisonment for a period of 15 months.

As a result, the complaining party was once again ruled by the Regional Court for Criminal Matters XXXX of July 17, 2014, 12Hv 61 / 14k, legally binding on December 3, 2014, according to Section 27 (1) 2nd SMG case and Section 12 2nd StGB case and Section Section 28a (1) 2nd case, 28a (4) no.3 SMG sentenced to imprisonment for a period of 4 years.

The complaining party is currently in custody.

1.2. The allegation that the complaining party was a police officer in Nigeria and investigated there between 1995/1996 and 2000/2002 against secret societies in Lagos and Benin City, or that the complaining party was threatened and threatened by members of secret societies or cults against which it was investigating was or would be prosecuted is subject to the ban on innovations according to Section 20 (1) BFA-VG and is not determined.

It is stated, however, that even if the complaining party were threatened by members of a cult and would not or could not avail themselves of the assistance of the Nigerian security authorities, they would have an alternative domestic escape route to another part of the country, e.g. to Benin City or Port Harcourt would stand.

1.3. It cannot be ascertained that the complaining party would find itself in an existential emergency in the event of a return to Nigeria and that the most basic livelihood would be deprived of it.

1.4. It is established that the complaining party has private interests and a family life in Austria. However, it is not established that there is a significantly pronounced and solidified private and family integration of the complaining party in Austria, which is relevant to the decision.

2. Country reports on the relevant situation in Nigeria

The following is the key information from the country reports used by the Federal Administrative Court:

Federal Office for Immigration and Asylum; Country information sheet of the state documentation, Nigeria, as of July 14, 2015:

1. Political situation

Nigeria is divided into 36 states and a federal capital district as well as 774 Local Government Areas (LGA / districts). The federal states are ruled by directly elected governors (AA 11/28/2014; see AA 6.2015a; see GIZ 6.2015a). The states also have directly elected parliaments (AA 6.2015a).

With the election of Olusegun Obasanjo in 1999, Nigeria returned to democracy and has had a multi-party system ever since. The constitution of May 29, 1999 contains all the attributes of a democratic constitutional state (including a catalog of basic rights) and is based on the US system. The strong president, who is also the commander-in-chief of the armed forces, is opposed to a parliament consisting of a senate and a house of representatives and an independent judiciary (AA 11/28/2014; cf. AA 6.2015a). The directly elected president and directly elected governors dominate. The fight for political office is fought with great intensity and often with undemocratic, violent means. The police and the judiciary are also controlled by the federal government (AA 11/28/2014).

In most of the 50 or so smaller parties, party affiliation is based on leaders. Loyalty towards one's own ethnic group or towards people take precedence over other loyalties; accordingly, none of the parties represents a clear political direction (AA 11/28/2014).

With a view to the presidential elections to be held in 2015, the four opposition parties CPC, ACN, ANPP and APGA have come together to form a new opposition party called "All Progressive Congress" (APC) (GIZ 6.2015a; cf. AA November 28, 2014). For the first time since 1999, serious competition to the PDP formed (AA 11/28/2014). The APC pursued the goal of 2015 to replace the government under Goodluck Jonathan and the PDP as the ruling party. In addition, there was increasing wing fighting within the PDP, as a result of which seven out of 23 PDP governors (of the 36 governors in Nigeria) split off from the party. Above all, they criticize the fact that he has not yet got the problem with Boko Haram under control and that he has not taken adequate political measures with regard to the prevailing poverty and pronounced illiteracy (GIZ 6.2015a).

69 million registered voters were called on March 28, 2015 to vote for one of the presidential candidates of 14 Nigerian political parties. Voting took place in 115,000 polling stations in 36 states and the capital Abuja. After it became known that the voting in some constituencies could not be completed on time, the independent Nigerian electoral commission INEC decided to extend the elections until Sunday, March 29, 2015. Voter turnout was high despite the threat posed by the Islamist terrorist group Boko Haram. Thousands of Nigerians waited patiently - despite technical breakdowns with the newly introduced electronic voter registration - until they could finally cast their vote (GIZ 6.2015a).

The challenger Muhammadu Buhari from the APC party emerged victorious from the presidential election. It received 15.42 million votes and won a total of 54.9% of the votes in 21 states. The incumbent President Goodluck Jonathan of the People's Democratic Party (PDP), on the other hand, won in 15 states and the capital Abuja, but was only able to gain 12.85 million votes and thus lost 2.57 million votes to his challenger Buhari. The elected incumbent, Goodluck Jonathan, immediately admitted his defeat, on the same day congratulated Buhari on his election victory by phone and called on his supporters to accept the result as well and to remain calm. With this gesture, Goodluck Jonathan was able to prevent unrest and violence in the country that had cost the lives of several hundred people in the previous elections (GIZ 6.2015a; cf. BBC 1.4.2015).

In addition to the president, on March 28, 2015, the Nigerians also elected the two chambers of parliament, the Senate with 109 senators and the House of Representatives with 360 members. The big winner of the parliamentary elections was the APC with 61 out of 109 seats in the Senate and 214 out of 360 members in the House of Representatives. The APC will thus dominate both the Senate and the House of Representatives in the future (GIZ 6.2015a).

On April 11, 2015, the governors and state parliaments were elected in 29 of the 36 states. In the remaining seven states, the elections had already taken place in the months before. Up until these elections, the PDP provided governors in 21 states, but now for the first time lost the most important states in the north of the country, such as the states of Katsina, Kaduna and Bauchi. Even though the PDP was still able to win in seven federal states in 2015, especially the Rivers State oil region, the elections represent the greatest defeat for the PDP since the end of military rule in 1999 (GIZ 6.2015a).

The APC, party of the newly elected President Muhammadu Buhari, has so far provided 14 governors. Buhari-s APC gained five states in 2015 and will provide a total of 19 governors in the future. This success increases the political leeway of the newly elected President Muhammadu Buhari (GIZ 6.2015a).

Muhammadu Buhari was officially introduced to his office on May 29, 2015. With his swearing in, the first democratic change of power between the ruling party and the opposition party in the history of Nigeria since independence in 1960 took place (GIZ 6.2015a; cf. BBC May 29, 2015).

In addition to modern state power, traditional leaders still have an influence that should not be underestimated, albeit largely informal. They are considered a moral authority and can be important mediators in communal and religious conflicts (AA 6.2015a).

The LGA system has collapsed throughout most of northern Nigeria. Large parts came under the control of militias and local "strongmen" who fill the political and socio-economic space. This led to the deepening of local and regional grievances (BS 2014).



AA - Federal Foreign Office (November 28, 2014): Report on the asylum and deportation-relevant situation in the Federal Republic of Nigeria


AA - Foreign Office (6.2015a): Nigeria - Innenpolitik,, accessed on June 25, 2015


BBC (1.4.2015): Nigeria election: Muhammadu Buhari wins presidency,, accessed on June 18, 2015


BBC (May 29, 2015): Nigeria's President Buhari promises change at inauguration,, accessed June 18, 2015


BS - Bertelsmann Stiftung (2014): BTI 2014 - Nigeria Country Report,, accessed on June 18, 2015


GIZ - German Society for International Cooperation (6.2015a): Nigeria - Geschichte und Staat,, accessed on June 18, 2015

2. Security situation

There are no civil war zones and no parties to civil war in Nigeria (AA 11/28/2014). There are three areas of uncertainty and tension: in the northeast (Islamist group Boko Haram); in the Middle Belt (especially in the state of Plateau); and in the Niger Delta. While tensions and violence have increased in the northeast and the Middle Belt in recent years, they have declined in the Niger Delta since 2009 (DACH 2.2013).

Due to repeated attacks and explosive attacks by militant groups (Boko Haram, Ansaru), there is currently a very high risk of attacks, particularly in north and north-east Nigeria, including the capital Abuja. In several cities in north and north-east Nigeria there are repeated clashes between security forces and militant groups. Members of the security forces, government agencies, Christian institutions - but also institutions of moderate Muslims - as well as markets, residential areas and international organizations are targets of the militant groups. Threats exist against Muslim institutions in the south (BMEIA 16.6.2015).

The German Foreign Office warns against traveling to the northern states of Borno, Yobe, Adamawa, Bauchi, to the northern part of Plateau State (Jos and the surrounding area) as well as to Kano, Kaduna, Katsina, Gombe, Jigawa, Zamfara, Kebbi, Sokoto and Kogi (AA 8/5/2015). The Austrian Foreign Ministry is also warning against traveling to the states of Borno, Yobe, Adamawa, Plateau and the southern part of Bauchi and Kano. Outbreaks of violence in all twelve northern federal states can be expected at any time (BMEIA 16.6.2015). The British Foreign Ministry also warns against traveling to the river areas of the states of Delta, Bayelsa, Rivers, Akwa Ibom and Cross River States as well as to the city of Warri (UKFCO 16.6.2015).

The Austrian Foreign Ministry has issued a partial travel warning for the following states: Abia, Akwa Ibom, Anambra, Bayelsa, Delta, Ebonyi, Edo, Ekiti, Enugu, Imo, Kaduna, Kano, Oyo, Ondo, Rivers, including Port Harcourt and the offshore coastal waters (BMEIA June 16, 2015). The British Foreign Office warns against unnecessary travel to: Kano, Kaduna, Jigawa, Katsina, Sokoto, Zamfara, Kebbi, the city of Jos and the LGAs Riyom and Barkin (Plateau), the Okene (Kogi) region, the remaining areas of the states of Delta, Bayelsa, Rivers and Akwa Ibom as well as in to Abia (UKFCO 16.6.2015). In Nigeria, local conflicts can hardly break out in a predictable way in all regions. The causes and occasions for this are mostly political, economic, religious or ethnic. These disputes are mostly of short duration (a few days) and local (mostly only individual places, in larger cities only individual districts) (AA 8/5/2015).

In Lagos there are violent clashes between different ethnic groups, political groups but also between the military and police forces (BMEIA 16.6.2015) or problems (including mobs, looting) by the so-called "Area Boys". The use of thugs and private militias to achieve political or economic goals is widespread (AA 11/28/2014).

According to the figures of the Council on Foreign Relations, the following 9 Nigerian states stand out with a high number (<500 in 48 months) of deaths from acts of violence: Adamawa, Benue, Borno, Kaduna, Kano, Nasarawa, Plateau, Taraba, Yobe. The following 14 states stand out with a relatively low number (> 100 in 48 months): Akwa Ibom, Cross River, Ebonyi, Ekiti, Enugu, Imo, Jigawa, Kebbi, Kwara, Niger, Ondo, Osun, Oyo, Sokoto (CFR 2015 ). At OSAC, the states of Adamawa, Bauchi, Borno, Gombe, Kaduna, Kano, Plateau, Taraba, Yobe and the FCT are listed as affected by the violence caused by Boko Haram. Ethnic violence particularly affects Plateau, Bauchi, Benue, Kaduna and Nasarawa. Neither ethnic violence nor violence by Boko Haram is reported for the following 25 states: Abia, Akwa Ibom, Anambra, Bayelsa, Cross River, Delta, Ebonyi, Edo, Ekiti, Enugu, Imo, Jigawa, Katsina, Kebbi, Kogi, Kwara, Lagos , Niger, Ogun, Ondo, Osun, Oyo, Rivers, Sokoto, Zamfara (OSAC July 21, 2014).



AA - Federal Foreign Office (November 28, 2014): Report on the asylum and deportation-relevant situation in the Federal Republic of Nigeria


AA - Foreign Office (May 8, 2015): Nigeria - Travel and Security Advice (Partial Travel Warning),, accessed on 8 May 2015


BMEIA - Ministry of Foreign Affairs (16.6.2015): Travel information - Nigeria,, accessed on June 16, 2015


CFR - Council on Foreign Relations (2015): Nigeria Security Tracker,, accessed June 18, 2015


DACH - Asylum Cooperation Germany-Austria-Switzerland (27.2.2013):

D-A-CH factsheet on Nigeria,, accessed on 8 May 2015


OSAC - Overseas Security Advisory Council (July 21, 2014): Nigeria 2014 Crime and Safety Report - Abuja,, accessed June 18, 2015


UKFCO - United Kingdom Foreign and Commonwealth Office (16.6.2015): Foreign Travel Advice - Nigeria,, accessed 16.6.2015

2.1. Niger Delta

The Niger Delta, which includes the states of Ondo, Edo, Delta, Bayelsa, Rivers, Imo, Abia, Akwa Ibom and Cross River, provides 95 percent of Nigeria's export revenues with its oil and gas reserves (DACH 2.2013).

The situation in the Niger Delta is currently relatively stable; however, the threat to the oil and gas production there from militant groups and pirates remains a risk (AA 6.2015b). Kidnappings are particularly common in the Niger Delta and southeastern states of Abia, Imo, and Anambra. Politicians, the rich and foreigners were the most common victims (FH January 28, 2015).

From 2000 to 2010, militant groups developed in the Niger Delta who claimed to defend the rights of the delta inhabitants and to enforce the demands for participation in the oil revenues against the government by means of violence. The most important groups were the Niger Delta People's Volunteer Force (NDPVF) and the Movement for the Emancipation of the Niger Delta (MEND) (AA 11/28/2014). Until the amnesty was offered in 2009, it was the MEND in particular who led the armed struggle against the government in the region. The MEND itself carried out attacks and assassinations in October 2010 (DACH 2.2013).

With the amnesty offer for the militants in the Niger Delta announced by then President Yar'Adua in July 2009, his government took a significant step and a surprising success in resolving the conflict: all well-known militia leaders accepted the amnesty offer. A reintegration program for 20,000 former fighters began in mid-2010. Former President Jonathan, himself from the oil state of Bayelsa, is continuing the amnesty program. However, the militia leaders Henry Okah and John Togo canceled the amnesty in 2010. Suspected MEND leader Henry Okah, currently in custody in South Africa, was sentenced there in January 2013. In response to his conviction, MEND threatened in drastic terms with attacks across Nigeria (AA 11/28/2014). So far, however, the amnesty agreement has largely been adhered to, so that crime and violence have noticeably decreased in the south. However, crime and violence have risen again recently in the south (AA 6.2015a). Have by the end of 2012

26,368 former militants benefited from the amnesty program. Many of the former militants received job training or scholarships (USDOS April 19, 2013).

The armed conflict in the Niger Delta is a conflict between regional militant groups and the state authorities, as well as rivalries between the different local communities. In the first case, the armed groups' financial interests are usually in the foreground, in the second case it is about a distribution struggle between rival groups. Remote areas in the Niger Delta are still partly under the control of separatist and criminal groups. Parts of the inaccessible area continue to represent a largely unlawful area in which the influence of state law enforcement agencies is limited (AA 11/28/2014). The UK Home Office reports that, according to DefenseWeb, a Joint Task Force (JTF) has been set up to combat terrorism and other threats in the Niger Delta (UKHO 9/9/2015).

Although the costly amnesty program in the Niger Delta has reduced violence, the structural problems (poverty, corruption, environmental pollution, impunity for political violence) have not been addressed (BS 2014; cf. HRW January 21, 2014). In June 2013, the government announced that the amnesty program would finally end in 2015. She has also admitted that her own inability to find work for the trained former rebels or to devise any other plan would make the region potentially more dangerous (HRW 1/21/2014). However, there are reports that President Buhari has announced that the amnesty program will be continued (TG 4.6.2015; cf. Punch 5.6.2015).



AA - Federal Foreign Office (November 28, 2014): Report on the asylum and deportation-relevant situation in the Federal Republic of Nigeria


AA - Foreign Office (6.2015b): Nigeria - Economy,, accessed June 19, 2015


AA - Foreign Office (6.2015a): Nigeria - domestic policy,, accessed June 19, 2015


BS - Bertelsmann Stiftung (2014): BTI 2014 - Nigeria Country Report,, accessed on June 19, 2015


DACH - Asylum Cooperation Germany-Austria-Switzerland (27.2.2013):

D-A-CH factsheet on Nigeria,, accessed June 19, 2015


FH - Freedom House (January 28, 2015): Freedom in the World 2015 - Nigeria,, accessed June 19, 2015


HRW - Human Rights Watch (January 21, 2014): World Report 2014 - Nigeria,, accessed June 19, 2015


Punch (5.6.2015): Buhari'll sustain Niger Delta amnesty program, says NNPC,, accessed June 19, 2015


TG - The Guardian (4.6.2015): Buhari pledges commitment to amnesty program in Niger Delta,, accessed on June 19, 2015


UKHO - UK Home Office (9.6.2016): Country Information and Guidance


Nigeria: Background information, including actors of protection, and internal relocation,, accessed June 19, 2015


USDOS - U.S. Department of State (April 19, 2013): Country Report on Human Rights Practices 2012 - Nigeria,, accessed June 19, 2015

3. Legal protection / judicial system

The constitution provides for the separation of powers and the independence of the judiciary (AA November 28, 2014; cf. FH January 28, 2015). It distinguishes between federal courts, courts of the capital district, and courts of the 36 states. The latter have the power to set up courts of first instance by law. With the introduction of the expanded Sharia legislation in nine northern states and the predominantly Muslim parts of three other states, the state Sharia courts have received criminal powers. Federal courts that only apply state-codified law are the Federal High Court (legislative matter of the federal government, tax, corporate and also administrative matters), the Court of Appeal (appeals matters including the State Court of Appeal and the State Sharia and Customary Court of Appeal ) as well as the Supreme Court (revision matters, organ complaints). The legal process from the first instance (Magistrate Court) to the Supreme Court is basically open (AA 11/28/2014). There are separate military courts for members of the military (USDOS June 25, 2015).

According to the federal constitution, since 1999 the constitution and jurisdiction of the courts with regard to the decision on the applicable legal system "Common Law" or the "Customary Court Law" system has been determined by the laws of the member states. Individual states have created "Sharia Courts" alongside "Common Law" and "Customary Courts". Several states, including the mixed denominational states of Benue and Plateau, have established Sharia appeals courts. Corruption is widespread in the judiciary due to the three sometimes contradicting legal systems and the poor pay, overload and lack of infrastructure (ÖBA 7.2014).

The higher courts are relatively competent and independent. But even they remain exposed to political influence, corruption and a lack of resources (FH January 28, 2015). In reality, the judiciary is exposed to the influence of the executive and legislative branches as well as individual political leaders and business. Understaffing, underfunding and inefficiency prevent the judiciary from functioning properly. In addition, courts often lack the equipment, training and motivation to carry out their own tasks. Politicians are trying to influence the judiciary, especially at the state and district level (LGA) (USDOS 6/25/2015). In addition, the judiciary is characterized by endemic corruption (HRW January 29, 2015; see USDOS June 25, 2015). There are certainly strict requirements and claims for judges at the federal level. However, there is a lack of oversight at the state and district level, leading to corruption and mismanagement in the judiciary (USDOS 6/25/2015).

Arbitrary criminal prosecution or sentencing practice by the police and the judiciary, which discriminates according to race, nationality or the like, is not recognizable. However, the existing system tends to discriminate against the uneducated and poor, who cannot buy themselves free from accusations or obtain bail. In addition, many are unable to adequately safeguard their rights due to a lack of knowledge of even the most elementary fundamental and procedural rights. Access to state legal aid is also limited in Nigeria: the Institute of Compulsory Defense was only recently introduced in some states. Only in the provincial capitals do NGOs exist, some of which are provided with state funding to provide legal advice to the accused or defendants (AA 11/28/2014). Legal advice and legal assistance are provided by the following organizations, among others: Legal Aid Council; NHRC; Legal Defense and Assistance Project (LEDAP) (IOM 8/2013). In rural areas in particular, however, there are numerous proceedings in which the accused and accused without legal assistance remain defenseless due to a lack of knowledge of their rights (AA 11/28/2014).

The right to expeditious proceedings is guaranteed by the constitution, but it is hardly guaranteed. Even legally guaranteed access to legal counsel or family members is not always possible (AA 11/28/2014).

Permanent detention without charge or judgment, some of which can last for several years, is widespread. 67-70 percent of people detained in Nigerian prisons are remand awaiting trial (AA 11/28/2014; see USDOS 6/25/2015). The pre-trial detention is often longer than the maximum expected statutory maximum sentence for the offense in question (AA 11/28/2014). In addition, numerous prisoners remain in custody even after their prison sentences have been served because their prison records cannot be found (AA 11/28/2014; cf. USDOS 6/25/2015). The government announced several times that it would carry out actions to check the detainees and release inmates without any apparent reason for detention, but without measurable success (AA 11/28/2014).



AA - Federal Foreign Office (November 28, 2014): Report on the asylum and deportation-relevant situation in the Federal Republic of Nigeria


FH - Freedom House (January 28, 2015): Freedom in the World 2015 - Nigeria,, accessed May 11, 2015


HRW - Human Rights Watch (January 29, 2015): World Report 2015 - Nigeria,, accessed May 11, 2015


IOM - International Organization for Migration (8.2013): Nigeria - Country Fact Sheet,, access May 11, 2015


ÖBA - Austrian Embassy Abuja (7/2014): Asylum Country Report Nigeria


USDOS - U.S. Department of State (June 25, 2015): Country Report on Human Rights Practices 2014 - Nigeria,, accessed June 29, 2015

4. Security agencies

The general police and law enforcement tasks are the responsibility of the 360,000-strong Nigerian Police Force (NPF) (AA 11/28/2014). The NPF reports to the General Inspector of the Police. He is responsible for enforcing the law. In each state, he reports assistants to direct the police force. The constitution does not allow states to have their own security forces. In emergency situations, however, the federal police can be subordinated to the governor of a state (USDOS June 25, 2015). Around 100,000 police officers are said to be working as security forces for public figures and influential private individuals (AA 11/28/2014).

In addition to the police, military, state security and paramilitary units (so-called Rapid Response Squads) are also deployed inside (AA 11/28/2014). Internal security is therefore also the responsibility of the DSS, which is subordinate to the President via a national security advisor. The NPF, the State Security Service (SSS) and the military are subordinate to civil authorities, but they regularly operate outside of civilian control (USDOS 6/25/2015). The National Drug Law Enforcement Agency (NDLEA) is responsible for all drug-related offenses. The NDLEA, which is responsible for decree 33, is stated to be professional (ÖBA 7.2014).

The NPF and the Mobile Police (MOPOL), on the other hand, are characterized by low professionalism, lack of discipline, arbitrariness and low eagerness to serve (ÖBA 7.2014). The police are characterized by low pay, poor equipment, training and housing. The state law enforcement agencies are not in a position to control or contain violent crime in terms of personnel, technology or finance. In addition, the general opinion is that the security forces are partly responsible for the crime themselves (AA 11/28/2014). Since the police are often unable to stop violence caused by social conflict, the government often relies on the support of the army. For example, the army and Joint Task Force or Special Task Force units were deployed:

to Nassarawa state to contain the outbreak of ethno-religious violence; to the states of Bauchi, Borno, Kano, Kaduna, Plateau and Yobe to counter the attacks by the Boko Haram (USDOS June 25, 2015; see AA November 28, 2014). In the north, the Joint Task Force Restore Order (JTF-RO), which was relevant until August 2013, has now been replaced by the 7th Nigerian Army Division (USDOS June 25, 2015).



AA - Federal Foreign Office (November 28, 2014): Report on the asylum and deportation-relevant situation in the Federal Republic of Nigeria


ÖBA - Austrian Embassy Abuja (7/2014): Asylum Country Report Nigeria


USDOS - U.S. Department of State (June 25, 2015): Country Report on Human Rights Practices 2014 - Nigeria,, accessed June 30, 2015

4.1. Vigilante groups, vigilante groups, Hisbah

Armed organizations in the form of ethnic vigilante groups have formed in various regions of the country. B. the Odua People's Congress (OPC) in the southwest or the Bakassi Boys in the southeast. With these groups you can buy "security" against payment of protection money. The authorities react differently to the "vigilantes": In the state of Lagos the police took action against the OPC, in the east of the country, however, the existence of these groups was welcomed by some governors. The police work partly with them. In general, the importance of the vigilantes in cities seems to be decreasing somewhat, but in some rural regions they still have a dominant position of power (AA 11/28/2014).

The acts of the Nigerian street gangs known as Area Boys have increased tension ahead of the general election. During the election campaign, street gangs let themselves be instrumentalized by those clients who paid the most and attacked political election campaigns (IBT March 19, 2015). In 2013, the so-called Civilian Joint Task Force (C-JTF) was set up by the government and with the support of the army in the northeast as part of the fight against Boko Haram. This is a kind of vigilante group that, according to NGOs and the media, is responsible for human rights abuses (USDOS June 25, 2015).

Sharia guards like Hisbah are maintained in six states (Zamfara, Niger, Kaduna, Kano, Bauchi and Jigawa). However, they only monitor the implementation of Sharia law inconsistently and sporadically, but also carry out arrests (USDOS 7/28/2014; cf. ÖBA 7.2014). For example, members of the Kano Hisbah arrested women suspected of prostitution (USDOS 7/28/2014). In Kano, Hezbah is run directly by the state, while in other states it is organized in a manner similar to non-state vigilante groups. The Hezbah has been declared unconstitutional by the Supreme Court, as police duties are the sole responsibility of the federal government. However, it has so far not ceased operations and has merely been reorganized. As such, Hezbah should not pose an immediate threat to the population as it is subordinate to the regular police force and is usually unarmed. However, there are always overstepping of competencies and the illegal application of Islamic laws and rules of conduct to non-Muslims. In Kano, for example, the Hezbah is feared by homosexuals because of its violent attacks (AA 11/28/2014).



AA - Federal Foreign Office (November 28, 2014): Report on the asylum and deportation-relevant situation in the Federal Republic of Nigeria


IBT - International Business Times (March 19, 2015): Nigeria Elections:

Violent Street Gangs Increase Tensions Before March 28 Vote,, accessed on May 19, 2015


ÖBA - Austrian Embassy Abuja (7/2014): Asylum Country Report Nigeria


USDOS - U.S. Department of State (July 28, 2014): 2013 International Religious Freedom Report - Nigeria,, accessed on May 11, 2015


USDOS - U.S. Department of State (June 25, 2015): Country Report on Human Rights Practices 2014 - Nigeria,, accessed June 30, 2015

5. General human rights situation

Even if the human rights situation has improved considerably since the civil government took office in 1999, it is overall very problematic and has tended to deteriorate in the last year (AA 6.2015). In 2014, the human rights situation was dominated by increased violence and atrocities by the Boko Haram (HRW January 29, 2015).

The Nigerian constitution, which came into force on May 29, 1999, contains a comprehensive catalog of fundamental rights. In some cases, however, this is subject to far-reaching restrictions. The right to physical integrity granted in Art. 33 of the constitution is, for example, subject to the proviso that the person concerned has not lost his or her life while using legally exercised state violence to "suppress riot or mutiny" (AA 11/28/2014).

The general living conditions, which are influenced by poverty, illiteracy, violent crime, ethnic tensions, an ineffective judicial system and Sharia legal practice in the north of the country, remain difficult (AA 6.2015a). In the 2014 reporting year, more than 1,200 people were killed in communal riots in the north-central parts of the country (HRW January 29, 2015). The protection of life and limb of citizens from arbitrary acts by representatives of the state is not guaranteed, as is shown, among other things, by the Amnesty International report on human rights violations by the military and systematic torture in prisons published in September 2014 and June 2015 (AA 6.2015a). In particular in connection with the fight against the Boko Haram, the security authorities are accused of numerous extra-legal killings, torture and other human rights violations (HRW January 29, 2015). The high level of corruption also has a negative impact on the protection of human rights (AA 6.2015).

Nigeria has ratified the following international human rights conventions: International Covenant on Civil and Political Rights; International Covenant on Economic, Social and Cultural Rights; International Convention for the Elimination of All Forms of Racial Discrimination; Convention on the Elimination of All Forms of Discrimination against Women (including the Optional Protocol); Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;

Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;

Convention on the Rights of the Child (incl.

Optional Protocols on Children in Armed Conflict and Child Trafficking, Prostitution and Pornography); ILO Convention on the Worst Forms of Child Labor; (African) Charter of Human and Peoples' Rights; Convention on the Status of Refugees (Geneva Refugee Convention); Rome Statute of the International Criminal Court; Convention of December 9, 1948 on the Prevention and Punishment of Genocide; International Convention for the Protection of the Rights of All Migrant Workers and Members of Their Families; International Convention for the Protection of All Persons from Enforced Disappearance (AA November 28, 2014; cf. ÖBA 7.2014).

Some of these international legal obligations have only been implemented incompletely in national law. Some federal states have expressed reservations about some international agreements and regionally prevent implementation. Even in states that generally support implementation, the enforcement of guaranteed rights is often not guaranteed. In many areas, the implementation of the human rights obligations entered into remains significantly below international standards (AA 11/28/2014).

The strict criminal law provisions of the Sharia law introduced in 2000/2001 have not led to a sharp rise in human rights violations, the few stoning sentences have been overturned by a higher authority, and amputation sentences have not been carried out in recent years to the knowledge of the Foreign Office (AA 28.11 .2014).