native doctor.
From
these facts, he alleged violation of Articies 5 and
6 African
Charter on Human and Peoples’ Rights.
He
relied
amended
the Court
Application
on the
new
Articles
9(4)
and
10(d)
of the
Protocol
on the
Court
as
by the 19 January 2005 Supplementary Protocol, and contended that
has jurisdiction to adjudicate on the
1s admissible. He notably maintained
that
also
and
case,
exhaustion
his
that
of
local
remedies is not a condition for admissibility of applications for human rights
violation before this Honourable Court. In support of these arguments, he cited
several judgments, notably the judgments on the following cases: Olajide
Afolabi v. Federal Republic of Nigeria, 27 April 2004; Alhaji Hammani Tidjani v.
Federal Republic
of Nigeria
and Others,
28 June
2007;
Chief Franck
Ukor v.
Rachad Laleye and Another, 2 November 2007; Etim Mosses Essien v. Republic
of Gambia,
29 October 2007.
He affirmed that the raison cl’étre and
objective of the procedure initiated before the Honourable
ultimate
Court is different
from that of the proceedings instituted against him on the basis of the charges
made against him. The Applicant further argued that the action before the
ECOWAS Court of Justice concerns violation of his human rights, as arising
from his arrest, detention and torture before and after his trial by the Court
Martial. He made reference to the decision of the Supreme Court of Nigeria in
the case concerning Federal Republic of Nigeria and Another v. Lord Chief
_Udensi keevu
(2003) 45 WRN 27 in support of his affirnaggesn. .
Begone
The Applicant further alleged violation of his right to personal liberty as
guaranteed by Article 6 of the African Charter on Human and Peoples’ Rights,
for, according to him, his detention before trial is in disregard for Article
35(4)(5)
of the
1999
Constitution
of
the
Federal
Republic
of
Nigeria
as
amended. He averred that.the fact that he was manacled when in military
custody constitutes physical torture, which brought upon him psychological
trauma and long-lasting agony, resulting in the deterioration of his health and
violation of his right to human dignity.
-
Regarding the Federal Republic of Nigeria
Counsel for Federal Republic of Nigeria averred that the Applicant was accused
of negligence in the performance of his duties and theft of property belonging
to the Army, notably, theft of an official rifle while he was on guara duty
around 13 November 2006, and was attached to General S.V.L. Malu (rtd.) as a
security detail at Makurdi. As a result, he was arraigned before the 82 Division
Enugu
Generai Court Martial and sentencec to é term of imprisonment.
a
ee