Nigerian Court Paves the Way for War Crimes Victims' Suit Against Charles Taylor

ABUJA, Nigeria—A federal High Court judge today upheld a lawsuit by two amputees to lift the asylum granted to former Liberian ruler and warlord Charles Taylor by the Nigerian government.

The decision represents a stirring victory for those who have sought to bring Taylor to justice and a setback for the Nigerian government, which has given Taylor protection and intervened in court to quash the suit.

Taylor was indicted by the United Nations-mandated Special Court in Sierra Leone in March 2003, on 17 counts of war crimes and crimes against humanity for his role in contributing to the murder, rape, and mutilation of thousands in Sierra Leone. Taylor funded and orchestrated much of the violence against civilians during Sierra Leone's decade-long civil war, and pioneered the exploitation of child soldiers to undertake heinous acts. Since August 2003, when he was granted asylum, Taylor has resided in a private compound in the Nigerian city of Calabar.

The two men who brought suit, Nigerian nationals Emmanuel Egbuna and David Anyaele, survived amputations inflicted by members of the Taylor-supported Revolutionary United Front militia in Sierra Leone in January 1999. Cutting off limbs, noses, and ears was a trademark of Taylor's troops. The two men petitioned Nigeria's federal high court in May 2004 to strike down the asylum granted by Nigeria's President Olusegun Obasanjo to Taylor because it violated Nigeria's obligations under international and domestic law to prosecute and deny asylum to perpetrators of war crimes and crimes against humanity.

The Nigerian government raised procedural objections, and argued that its decision to grant asylum is a political decision unsuitable for judicial review. In rejecting the government's claims, High Court Judge Steve Jonah Adah noted that the plaintiffs had suffered terrible personal damages for which they sought redress; had made specific allegations against Taylor, and were precluded from seeking redress so long as the Nigerian government maintained its grant of asylum to Taylor. The court concluded that the claimants had a right to sue for so long as Taylor enjoyed asylum. The men are represented in the matter by the Lagos-based firm of Aluko & Oyebode, who have worked closely with the Open Society Justice Initiative.

The government has announced its intention to appeal. Hearings on remedies in the case have been set for December 5, 2005.

Certified copies of the decision should be available in the next week.