I
105TH CONGRESS
2D SESSION
H. R. 3890
To promote democracy and good governance in Nigeria, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 19, 1998
Mr. GILMAN (for himself and Mr. PAYNE) introduced the following bill; which
was referred to the Committee on International Relations, and in addition
to the Committees on Banking and Financial Services, and the Judiciary,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of the
committee concerned
A BILL
To promote democracy and good governance in Nigeria, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Nigerian Democracy
and Civil Society Empowerment Act’’.
SEC. 2. FINDINGS AND DECLARATION OF POLICY.
(a) FINDINGS.—Congress makes the following find-
ings:
(1) The continued rule of the Nigerian military
government, in power since a 1993 coup, under-
mines confidence in the Nigerian economy, damages
relations between Nigeria and the United States,
threatens the political and economic stability of West
Africa, and harms the lives of the people of Nigeria.
(2) The transition plan announced by the Gov-
ernment of Nigeria on October 1, 1995, which in-
cludes a commitment to hold free and fair elections,
has so far failed to foster an environment in which
such elections would be considered free and fair, nor
was the transition plan itself developed in a free and
open manner or with the participation of the Nige-
rian people.
(3) The international community would con-
sider a free and fair election in Nigeria one that in-
volves a genuinely independent electoral commission
and an open and fair process for the registration of
political parties and the fielding of candidates and
an environment that allows the full unrestricted par-
ticipation by all sectors of the Nigerian population.
(4) In particular, the process of registering vot-
ers and political parties has been significantly flawed
and subject to such extreme pressure by the military
so as to guarantee the uncontested election of the in-
cumbent or his designee to the presidency.
(5) The tenure of the ruling military govern-
ment in Nigeria has been marked by egregious
human rights abuses, devastating economic decline,
and rampant corruption.
(6) Previous and current military regimes have
turned Nigeria into a haven for international drug
trafficking rings and other criminal organizations.
(7) On September 18, 1997, a social function in
honor of then-United States Ambassador Walter
Carrington was disrupted by Nigerian state security
forces. This culminated a campaign of political in-
timidation and personal harassment against Ambas-
sador Carrington by the ruling regime.
(8) Since 1993, the United States and other
members of the international community have im-
posed limited sanctions against Nigeria in response
to human rights violations and political repression.
(9) According to international and Nigerian
human rights groups, at least several hundred de-
mocracy and human rights activists and journalists
have been arbitrarily detained or imprisoned, with-
out appropriate due process of law.
(10)(A) The widely recognized winner of the
annulled June 6, 1993, presidential election, Chief
Moshood K. O. Abiola, remains in detention on
charges of treason.
(B) General Olusegun Obassanjo (rt.), who is a
former head of state and the only military leader to
turn over power to a democratically elected civilian
government and who has played a prominent role on
the international stage as an advocate of peace and
reconciliation, remains in prison serving a life sen-
tence following a secret trial that failed to meet
international standards of due process over an al-
leged coup plot that has never been proven to exist.
(C) Internationally renowned writer, Ken Saro-
Wiwa, and 8 other Ogoni activists were arrested in
May 1994 and executed on November 10, 1995, de-
spite the pleas to spare their lives from around the
world.
(D) Frank O. Kokori, Secretary General of the
National Union of Petroleum and Natural Gas
Workers (NUPENG), who was arrested in August
1994, and has been held incommunicado since, Chief
Milton G. Dabibi, Secretary General of Staff Con-
sultative Association of Nigeria (SESCAN) and
former Secretary General of the Petroleum and Nat-
ural Gas Senior Staff Association (PENGASSAN),
who was arrested in January 1996, remains in de-
tention without charge, for leading demonstrations
against the canceled elections and against govern-
ment efforts to control the labor unions.
(E) Among those individuals who have been de-
tained under similar circumstances and who remain
in prison are Christine Anyanwu, Editor-in-Chief
and publisher of The Sunday Magazine (TSM),
Kunle Ajibade and George Mbah, editor and assist-
ant editor of the News, Ben Charles Obi, a journal-
ist who was tried, convicted, and jailed by the infa-
mous special military tribunal during the reason
trials over the alleged 1995 coup plot, the ‘‘Ogoni
21’’ who were arrested on the same charges used to
convict and execute the ‘‘Ogoni 9’’ and Dr. Beko
Ransome-Kuti, a respected human rights activist
and leader of the pro-democracy movement and
Shehu Sani, the Vice-Chairman of the Campaign for
Democracy.
(11) Numerous decrees issued by the military
government in Nigeria suspend the constitutional
protection of fundamental human rights, allow in-
definite detention without charge, revoke the juris-
diction of civilian courts, and criminalize peaceful
criticism of the transition program.
(12) As a signatory to the International Cov-
enant on Civil and Political Rights (ICCPR), the
Harare Commonwealth Declaration, and the African
Charter on Human and Peoples’ Rights, Nigeria is
obligated to grant its citizens the right to fairly con-
duct elections that guarantee the free expression of
the will of the electors.
(13) Nigeria has played a major role in restor-
ing elected, civilian governments in Liberia and Si-
erra Leone as the leading military force within the
Economic Community of West African States
(ECOWAS) peacekeeping force, yet the military re-
gime has refused to allow the unfettered return of
elected, civilian government in Nigeria.
(14) Despite organizing and managing the June
12, 1993, elections, the Nigerian military regime
nullified that election, imprisoned the winner a year
later, and continues to fail to provide a coherent ex-
planation for their actions.
(15) Nigeria has used its military and economic
strength to threaten the land and maritime borders
and sovereignty of neighboring countries, which is
contrary to numerous international treaties to which
it is a signatory.
(b) DECLARATION OF POLICY.—Congress declares
that the United States should encourage political, eco-
nomic, and legal reforms necessary to ensure rule of law
and respect for human rights in Nigeria and support a
timely and effective transition to democratic, civilian gov-
ernment in Nigeria.
SEC. 3. SENSE OF CONGRESS.
(a) INTERNATIONAL COOPERATION.—It is the sense
of Congress that the President should, in any and all
international fora, seek the cooperation of other countries
as part of the United States policy of isolating the military
government of Nigeria.
(b) UNITED NATIONS HUMAN RIGHTS COMMIS-
SION.—It is the sense of Congress that the President
should instruct the United States Representative to the
United Nations Human Rights Commission (UNHRC) to
use the voice and vote of the United States at the annual
meeting of the Commission—
(1) to condemn human rights abuses in Nigeria;
and
(2) to press for the appointment of a special
rapporteur on Nigeria, as called for in Commission
Resolution 1997/53.
(c) SPECIAL ENVOY FOR NIGERIA.—It is the sense
of Congress that, because the United States Ambassador
to Nigeria, a resident of both Lagos and Abuja, Nigeria,
is the President’s representative to the Government of Ni-
geria, serves at the pleasure of the President, and was ap-
pointed by and with the advice and consent of the Senate,
the President should not send any other envoy to Nigeria
without prior notification of Congress and should not des-
ignate a special envoy to Nigeria without consulting Con-
gress.
SEC. 4. ASSISTANCE TO PROMOTE DEMOCRACY AND CIVIL
SOCIETY IN NIGERIA.
(a) DEVELOPMENT ASSISTANCE.—
(1) IN GENERAL.—Of the amounts made avail-
able for fiscal years 1999, 2000, and 2001 to carry
out chapter 1 of part I of the Foreign Assistance
Act of 1961 (22 U.S.C. 2151 et seq.), not less than
$10,000,000 for fiscal year 1999, not less than
$12,000,000 for fiscal year 2000, and not less than
$15,000,000 for fiscal year 2001 should be available
for assistance described in paragraph (2) for Nige-
ria.
(2) ASSISTANCE DESCRIBED.—
(A) IN
GENERAL.—The assistance de-
scribed in this paragraph is assistance provided
to nongovernmental organizations for the pur-
pose of promoting democracy, good governance,
and the rule of law in Nigeria.
(B) ADDITIONAL REQUIREMENT.—In pro-
viding assistance under this subsection, the Ad-
ministrator of the United States Agency for
International Development shall ensure that
nongovernmental organizations receiving such
assistance represent a broad cross-section of so-
ciety in Nigeria, including—
(i) organizations with representation
from various ethnic groups;
(ii) organizations containing journal-
ists, lawyers, accountants, doctors, teach-
ers, and other professionals;
(iii) business organizations;
(iv) organizations that represent con-
stituencies from northern Nigeria;
(v) religious organizations with a civic
focus; and
(vi) other organizations that seek to
promote democracy, human rights, and ac-
countable government.
(3) GRANTS
FOR
PROMOTION
OF
HUMAN
RIGHTS.—Of the amounts made available for fiscal
years 1999, 2000, and 2001 under paragraph (1),
not less than $500,000 for each such fiscal year
should be available to the United States Agency for
International Development for the purpose of provid-
ing grants of not more than $25,000 each to sup-
port individuals or nongovernmental organizations
that seek to promote, directly or indirectly, the ad-
vancement of human rights in Nigeria.
(b) USIA INFORMATION
ASSISTANCE.—Of the
amounts made available for fiscal years 1999, 2000, and
2001 under subsection (a)(1), not less than $1,000,000
for fiscal year 1999, $1,500,000 for fiscal year 2000, and
$2,000,000 for fiscal year 2001 should be made available
to the United States Information Agency for the purpose
of supporting its activities in Nigeria, including the pro-
motion of greater awareness among Nigerians of constitu-
tional democracy, the rule of law, and respect for human
rights.
(c) STAFF LEVELS AND ASSIGNMENTS OF UNITED
STATES PERSONNEL IN NIGERIA.—
(1) FINDING.—Congress finds that staff levels
at the office of the United States Agency for Inter-
national Development in Lagos, Nigeria, are inad-
equate.
(2) SENSE OF CONGRESS.—It is the sense of
Congress that the Administrator of the United
States 
Agency 
for 
International 
Development
should—
(A) increase the number of United States
personnel at such Agency’s office in Lagos, Ni-
geria, from within the current, overall staff re-
sources of such Agency in order for such office
to be sufficiently staffed to carry out subsection
(a); and
(B) consider placement of personnel else-
where in Nigeria.
SEC. 5. PROHIBITION ON ECONOMIC ASSISTANCE TO THE
GOVERNMENT OF NIGERIA; PROHIBITION ON
MILITARY ASSISTANCE FOR NIGERIA; RE-
QUIREMENT TO OPPOSE MULTILATERAL AS-
SISTANCE FOR NIGERIA.
(a) PROHIBITION ON ECONOMIC ASSISTANCE.—
(1) IN GENERAL.—Economic assistance (includ-
ing funds previously appropriated for economic as-
sistance) may not be provided to the Government of
Nigeria.
(2) ECONOMIC ASSISTANCE DEFINED.—As used
in this subsection, the term ‘‘economic assistance’’—
(A) means—
(i) any assistance under part I of the
Foreign Assistance Act of 1961 (22 U.S.C.
2151 et seq.) and any assistance under
chapter 4 of part II of such Act (22 U.S.C.
2346 et seq.) (relating to economic support
fund); and
(ii) any financing by the Export-Im-
port Bank of the United States, financing
and assistance by the Overseas Private In-
vestment Corporation, and assistance by
the Trade and Development Agency; and
(B) does not include disaster relief assist-
ance, refugee assistance, or narcotics control as-
sistance under chapter 8 of part I of the For-
eign Assistance Act of 1961 (22 U.S.C. 2291 et
seq.).
(b) PROHIBITION
ON MILITARY ASSISTANCE
OR
ARMS TRANSFERS.—
(1) IN GENERAL.—Military assistance (includ-
ing funds previously appropriated for military assist-
ance) or arms transfers may not be provided to Ni-
geria.
(2) MILITARY
ASSISTANCE
OR
ARMS
TRANS-
FERS.—The term ‘‘military assistance or arms
transfers’’ means—
(A) assistance under chapter 2 of part II
of the Foreign Assistance Act of 1961 (22
U.S.C. 2311 et seq.) (relating to military assist-
ance), including the transfer of excess defense
articles under section 516 of that Act (22
U.S.C. 2321j);
(B) assistance under chapter 5 of part II
of the Foreign Assistance Act of 1961 (22
U.S.C. 2347 et seq.) (relating to international
military education and training);
(C) assistance under the ‘‘Foreign Military
Financing Program’’ under section 23 of the
Arms Export Control Act (22 U.S.C. 2763); or
(D) the transfer of defense articles, de-
fense services, or design and construction serv-
ices under the Arms Export Control Act (22
U.S.C. 2751 et seq.), including defense articles
and defense services licensed or approved for
export under section 38 of that Act (22 U.S.C.
2778).
(c) REQUIREMENT TO OPPOSE MULTILATERAL AS-
SISTANCE.—
(1) IN GENERAL.—The Secretary of the Treas-
ury shall instruct the United States executive direc-
tor to each of the international financial institutions
described in paragraph (2) to use the voice and vote
of the United States to oppose any assistance to the
Government of Nigeria.
(2) INTERNATIONAL FINANCIAL INSTITUTIONS
DESCRIBED.—The international financial institutions
described in this paragraph are the African Develop-
ment Bank, the International Bank for Reconstruc-
tion and Development, the International Develop-
ment Association, the International Finance Cor-
poration, the Multilateral Investment Guaranty
Agency, and the International Monetary Fund.
SEC. 6. EXCLUSION FROM ADMISSION INTO THE UNITED
STATES OF CERTAIN NIGERIAN NATIONALS.
Notwithstanding any other provision of law, the Sec-
retary of State shall deny a visa to, and the Attorney Gen-
eral shall exclude from the United States, any alien who
is—
(1) a current member of the Provisional Ruling
Council of Nigeria;
(2) a current civilian minister of Nigeria not on
the Provisional Ruling Council;
(3) a military officer currently in the armed
forces of Nigeria;
(4) a person in the Foreign Ministry of Nigeria
who holds Ambassadorial rank, whether in Nigeria
or abroad;
(5) a current civilian head of any agency of the
Nigerian government with a rank comparable to the
Senior Executive Service in the United States;
(6) a current civilian advisor or financial backer
of the head of state of Nigeria;
(7) a high-ranking member of the inner circle
of the Babangida regime of Nigeria on June 12,
1993;
(8) a high-ranking member of the inner circle
of the Shonekan interim national government of Ni-
geria;
(9) a civilian who there is reason to believe is
traveling to the United States for the purpose of
promoting the policies of the military government of
Nigeria;
(10) a current head of a parastatal organization
in Nigeria; or
(11) a spouse or minor child of any person de-
scribed in any of the paragraphs (1) through (10).
SEC. 7. ADDITIONAL MEASURES.
(a) IN GENERAL.—Unless the President determines
and certifies to the appropriate congressional committees
by December 31, 1998, that a free and fair presidential
election has occurred in Nigeria during 1998 and so cer-
tifies to the appropriate committees of Congress, the
President, effective January 1, 1999—
(1) shall exercise his authority under section
203 of the International Emergency Economic Pow-
ers Act (50 U.S.C. 1702) to prohibit any financial
transaction involving the participation by a Nigerian
national as a representative of the Federal Republic
of Nigeria in a sporting event in the United States;
(2) shall expand the restrictions in Presidential
Proclamation No. 6636 of December 10, 1993, to
include a prohibition on entry into the United States
of any employee or military officer of the Nigerian
government and their immediate families;
(3) shall submit a report to the appropriate
congressional committees listing, by name, senior
Nigerian government officials and military officers
who are suspended from entry into the United
States under section 6; and
(4) shall consider additional economic sanctions
against Nigeria.
(b) ACTIONS OF INTERNATIONAL SPORTS ORGANIZA-
TIONS.—It is the sense of Congress that any international
sports organization in which the United States is rep-
resented should refuse to invite the participation of any
national of Nigeria in any sporting event in the United
States sponsored by that organization.
SEC. 8. WAIVER OF PROHIBITIONS AGAINST NIGERIA IF
CERTAIN REQUIREMENTS MET.
(a) IN GENERAL.—The President may waive any of
the prohibitions contained in section 5, 6, or 7 for any
fiscal year if the President makes a determination under
subsection (b) for that fiscal year and transmits a notifica-
tion to Congress of that determination under subsection
(c).
(b) PRESIDENTIAL DETERMINATION REQUIRED.—A
determination under this subsection is a determination
that—
(1) the Government of Nigeria—
(A) is not harassing human rights and de-
mocracy advocates and individuals who criticize
the government’s transition program;
(B) has established a new transition proc-
ess developed in consultation with the pro-de-
mocracy forces, including the establishment of a
genuinely independent electoral commission and
the development of an open and fair process for
registration of political parties, candidates, and
voters;
(C) is providing increased protection for
freedom of speech, assembly, and the media, in-
cluding cessation of harassment of journalists;
(D) has released individuals who have been
imprisoned without due process or for political
reasons;
(E) is providing access for international
human rights monitors;
(F) has repealed all decrees and laws
that—
(i) grant undue powers to the mili-
tary;
(ii) suspend the constitutional protec-
tion of fundamental human rights; or
(iii) allow indefinite detention without
charge, including the State of Security
(Detention of Persons) Decree No. 2 of
1984; and
(G) has unconditionally withdrawn the Ni-
gerian internal security task force from regions
in which the Ogoni ethnic group lives and from
other oil-producing areas where violence has
been excessive; or
(2) it is in the national interests of the United
States to waive the prohibition in section 5, 6, or 7,
as the case may be.
(c) CONGRESSIONAL
NOTIFICATION.—Notification
under this subsection is written notification of the deter-
mination of the President under subsection (b) provided
to the appropriate congressional committees not less than
15 days in advance of any waiver of any prohibition in
section 5, 6, or 7, subject to the procedures applicable to
reprogramming notifications under section 634A of the
Foreign Assistance Act of 1961 (22 U.S.C. 2394–1).
SEC. 9. PROHIBITION ON UNITED STATES ASSISTANCE OR
CONTRIBUTIONS TO SUPPORT OR INFLU-
ENCE ELECTION ACTIVITIES IN NIGERIA.
(a) PROHIBITION.—
(1) IN GENERAL.—No department, agency, or
other entity of the United States Government shall
provide any assistance or other contribution to any
political party, group, organization, or person if the
assistance or contribution would have the purpose or
effect of supporting or influencing any election or
campaign for election in Nigeria.
(2) PERSON DEFINED.—As used in paragraph
(1), the term ‘‘person’’ means any natural person,
any corporation, partnership, or other juridical en-
tity.
(b) WAIVER.—The President may waive the prohibi-
tion contained in subsection (a) if the President—
(1) determines that—
(A) the climate exists in Nigeria for a free
and fair democratic election that will lead to ci-
vilian rule; or
(B) it is in the national interests of the
United States to do so; and
(2) notifies the appropriate congressional com-
mittees not less than 15 days in advance of the de-
termination under paragraph (1), subject to the pro-
cedures applicable to reprogramming notifications
under section 634A of the Foreign Assistance Act of
1961 (22 U.S.C. 2394–1).
SEC. 10. REPORT ON CORRUPTION IN NIGERIA.
Not later than 3 months after the date of the enact-
ment of this Act, and annually for the next 5 years there-
after, the Secretary of State shall prepare and submit to
the appropriate congressional committees, and make avail-
able to the public, a report on governmental corruption
in Nigeria. This report shall include—
(1) evidence of corruption by government offi-
cials in Nigeria;
(2) the impact of corruption on the delivery of
government services in Nigeria;
(3) the impact of corruption on United States
business interests in Nigeria;
(4) the impact of advance fee fraud, and other
fraudulent business schemes originating in Nigeria,
on United States citizens; and
(5) the impact of corruption on Nigeria’s for-
eign policy.
SEC. 11. APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.
Except as provided in section 6, in this Act, the term
‘‘appropriate congressional committees’’ means—
(1) the Committee on International Relations of
the House of Representatives; and
(2) the Committee on Foreign Relations of the
Senate.
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