Alleged Violation of Article 7
159. The Complainant avers that the Respondent State violated the provisions of
Article 7 (1) (d) of the African Charter. This provision guarantees the right to be
tried within a reasonable time by an impartial court or tribunal. The
Commission has clearly established in its Resolution on the Right to recourse
and Fair Trial that anyone deprived of his/her liberty through arrest or
detention shall be brought promptly before a judicial authority and shall be
entitled to trial within a reasonable time or to be released.93
160. The Complainant was arrested on 10 June 2014 and held in detention for 101
days without charge. The Commission in Constitutional Rights Project v Nigeria
has held th.at 'in a criminal case, especially one in which the accused is detained
until trial, the trial must be held with all possible speed to minimise the negative
effects on the life of a person who, after all, may be innocent' .94 To guarantee
expeditious access to justice for persons in detention, the Commission's
Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in
Africa provides that "judicial bodies shall at all times hear and act upon
petitions for habeas corpus ... or similar procedures. No circumstances whatever
must be invoked as a justification for denying the right to habeas corpus ... " 95
161. A review of the Emergency and Protection of Public Safety Act 1997 reveal that
there exist no effective right to habeas corpus under the Emergency law, thereby
preventing the Complainant from having the opportunity of inquiring into the
lawfulness of his detention. The Commission therefore finds that 101 days
(approximately 3 months) in custody without charges being filed or even an
opportunity to challenge the detention is an unreasonable delay, and thus
constitutes a violation of Article 7 (1) (d) of the African Charter.
Alleged violation of A1·ticle 9 of the African Charter
162. Article 9 (2) of the Charter reads:
Every individual shall have the right to express and disseminate his opinions
within the law.