A/HRC/11/26* 8. The UPR being a nascent mechanism, it was imperative to ensure that the Review achieves its desired objectives. Consequently, although the UPR process allows information from non-governmental organizations and national human rights institutions to be considered as elements for the review, such information must be factual, objective and constructive. The delegation was therefore surprised by the reports on Nigeria, not only by their many unsupported statistics and unfounded allegations, but also by the quality of the language used to characterize a free and sovereign State. Preposterous allegations were not only patently false, but also completely unhelpful to the UPR process. One was left wondering if there are no ethical limits to the allegations that NGOs can make against sovereign States in the UPR process. 9. It would be difficult to fully appreciate the progress Nigeria has made in democratic governance and the promotion and protection of human rights in such a short time, without taking into account this historical reality. The Government is strongly committed to steering the country along the path of sustainable democracy, the rule of law and respect for human rights. It is committed to creating opportunities for decent living for its citizens. While not being unaware of the enormity of the task, Nigeria stressed that it counts on the support and understanding of the international community and its numerous friends. It remained committed to continue cooperating with the Council in every aspect of its mandate. 10. The President has made the rule of law an abiding principle of governance in Nigeria. In line with this commitment, as well as the pledge made during the election to the Human Rights Council in 2006, on 19 January 2009 the President signed the instruments of accession to the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (CRMW); the International Convention for the Protection of All Persons from Enforced Disappearance (CED); the Convention on the Prevention and Punishment of the Crime of Genocide (CPPG); and the Optional Protocol to the Convention against Torture (OP-CAT). In addition, Nigeria has now ratified the Optional Protocol to the Convention on the Rights of Persons with Disabilities (CRPD-OP). 11. Thanking the countries for their advance questions, the delegation referred to the concern expressed about Nigeria’s legal system. Nigeria stressed, inter alia, that within the tripartite legal system the 1999 Constitution is the supreme law of the land. With regard to the issue of lack of harmonization, it said that the Nigerian Law Reform Commission has completed the first phase of the reform of the Family Law; the second phase, involving the harmonization of the Marriage and Divorce Act, would be finalized in March 2009. The reforms would address some of the concerns that had been raised. 12. On the constitutionality of the Sharia law and the punishments prescribed by Sharia courts, Nigeria said that the state governments that adopted the Sharia as a law governing Muslims in their jurisdiction have done so in line with the Constitution. When some courts in the states concerned tried to apply the Sharia punishment of amputation for stealing and stoning for adultery, these sentences were quashed by the Sharia Court of Appeal. In over 100 years of the application of Sharia Law in Nigeria, only one person, who had refused to appeal against his sentence, had his hand amputated for stealing. 13. On concern expressed about the death penalty, allegations of extra-judicial killings and torture, the delegation referred to Section 33 (1) of the Constitution, which protects the right to life and provides that “no one shall be deprived intentionally of his life, save in execution of the sentence of a court in respect of a criminal offence of which he has been found guilty in Nigeria”. The death sentence is, therefore, a valid part of Nigerian law and there is no reason for Nigeria to carry out alleged “secret executions”. In the spirit of the global trend concerning the death penalty, Nigeria has constituted a national committee on the review of that penalty. Although Nigeria voted against a moratorium on the death penalty in the United Nations General Assembly resolution, it continues to exercise a selfimposed moratorium. 4 GE.09-16312