Nigeria OGN v2.0 Issued 2 December 2005Page 3 of 15
3 Main categories of claims3.1
This Section sets out the main types of asylum claim, human rights claim and HumanitarianProtection claim (whether explicit or implied) made by those entitled to reside in Nigeria. It alsocontains any common claims that may raise issues covered by the API on DiscretionaryLeave. Where appropriate it provides guidance
on whether or not an individual making a claimis likely to face a real risk of persecution, unlawful killing or torture or inhuman or degradingtreatment/ punishment.
It also provides guidance on
whether or not sufficiency of protection isavailable in cases where the threat comes from a non-state actor; and whether or not internalrelocation is an option. The law and policies on persecution, Humanitarian Protection,sufficiency of protection and internal relocation are set out in the relevant API's, but how theseaffect particular categories of claim are set out in the instructions below.
Each claim should be assessed to determine whether there are reasonable grounds forbelieving that the claimant would, if returned, face persecution for a Convention reason - i.e.due to their race, religion, nationality, membership of a particular social
group or politicalopinion. The approach set out in
should be followed when deciding how muchweight to be given to the material provided in support of the claim (see the API on Assessingthe Claim).
If the claimant does not qualify for asylum, consideration should be given as to whether agrant of Humanitarian Protection is appropriate. If the claimant qualifies for neither asylumnor Humanitarian Protection, consideration should be given as to whether he/she qualifiesfor Discretionary Leave, either on the basis of the particular categories detailed in Section 4or on their individual circumstances.
This guidance is not designed to cover issues of credibility. Caseworkers will need toconsider credibility issues based on all the information available to them. (For guidance oncredibility see para 11 of the API on Assessing the Claim)
Also, this guidance does not generally provide information on whether or not a personshould be excluded from the Refugee Convention or from Humanitarian Protection orDiscretionary Leave
(See API on Humanitarian Protection and API on Exclusion underArticle 1F or 33(2) and API on DL)All APIs can be accessed via the IND website at:
3.6 Membership of MASSOB.3.6.1
Some claimants may express a fear of persecution by the Nigerian authorities on accountof their association with, or membership of, the Movement for the Actualisation of theSovereign State of Biafra (MASSOB).
MASSOB is an un-armed non-violent movement that advocates a separatestate of Biafra for the Igbo, the dominant ethnic group in the Igbo speaking southeast statesof Abia, Anambra, Ebonyi, Enugu and Imo. The Federal Government banned themovement in 2001, alleging that its activities threatened the peace and security of thecountry. Despite the ban, MASSOB has continued to pursue its campaign for self-determination. Although MASSOB does not appear to enjoy the level of support whichwould represent a serious political threat to the government, some MASSOB membershave reportedly been harassed by the police, acting on orders from the federal governmentand its leader, Ralph Uwazuruke, has been arrested several times. Although many of thosemembers of MASSOB who have been arrested are quickly released without charge, orreleased on the order of courts, some are reported to remain in custody awaiting trial.
COIS Nigeria Country Report October 2005 para 6.103 – 6.107