95. In the present case, the sentence imposed by the State Security Emergency
Court on 30 November 2006 on the Victims becomes final once it has been
ratified by the President of the Respondent State. Under Article 14 of the
Emergency Law (Law No. 162 of 1958 as amended), the President may decide
to commute the sentence, revoke the judgment, or order a retrial by another
circuit of the State Security Emergency Court. The President's decision is
discretionary and cannot be made subject to any appeal.
96. The
African
Commission
decided
in
Communication
No.
60/91
Constitutional Rights Project v Nigeria13 that purely discretionary remedies
of non judicial nature where “the object of the remedy is to obtain a favour
and not to vindicate a right” are not of the kind contemplated by Article
56(5). In this decision, the African Commission described the power of the
Governor to confirm or disallow the decision of a Special Tribunal in Nigeria
as a "discretionary, extraordinary remedy of a non-judicial nature."14 The
African Commission stated that the remedy was neither adequate nor
effective because the Governor was under "no obligation to decide according
to legal principles"15 and concluded that the Governor‟s decision was
therefore not a remedy of the nature that required exhaustion under Article
56(5) of the Charter.16
In Communication No 87/93 Civil Liberties
Organisation v Nigeria, the African Commission also found that in the
absence of a judicial body to adjudicate the applicant’s complaints, there was
no effective remedy to which the applicant could have recourse.17
97. In the Instant matter, the clarifications by the Representatives of the
Respondent State during the 41st Ordinary Session led the Commission to the
conclusion that there were no other local remedies available for the victims to
13
See Communication 60/91 (1994).
Serac Vs Nigeria.
15
See, also, Constitutional Rights Project v Nigeria, Comm. No. 87/93 (1994) in which the Commission affirmed this
reasoning in the same language at 8.
16
Communication 87/97.
17
Civil Liberties Organisation v Nigeria, Comm. No. 129/94 (1995) 9.
14
23