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African Human Rights CLA 2.0
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84العلاقات

JUD ECW CCJ JUD 16 14 SERAP v. Fed Rep of NIGERIA & 4Ors 10 06 14 vA

ECOWAS Court

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On objection to Plaintiff’s standing to sue17

JUD ECW CCJ JUD 16 14 SERAP v. Fed Rep of NIGERIA & 4Ors 10 06 14 vA

ECOWAS Court

Preview

ECCJ App no.: ECW/CCJ/APP/10/10

ECCJ Jud No.: ECW/CCJ/JUD/16/14

Type of Document

Judgement

Keywords

Complicity in Crime
Damages and Compensation
Forced Eviction
Free Disposal of Wealth and Natural Resources
Freedom of Assembly
Freedom of Expression
Indigenous Communities
Internal Displacement
Investigation
Land Expropriation
Land Rights
Massive Human Rights Violations
Military Offences
Participation in Government
Personal security
Police Brutality and Offences
Protection of Family and Vulnerable Groups
Right to a General Satisfactory Environment
Right to Dignity
Right to Education
Right to Health
Right to Information
Right to Life
Right to Property
Rights and Welfare of the Child
Torture and Ill Treatment
Use of force
Violations Resulting from Warfare and Military Operations
Women's Rights
مصلحة الطفل الفضلى

Country

Nigeria

Outcome: Decided on Merits

Year Decided: 10 يونيو 2014

African Charter Rights Alleged to be Violated

ACHPR 1 - General Obligations
ACHPR 10 : Right to Freedom of Association
ACHPR 11 : Right to Freedom of Assembly
ACHPR 12 : Right to Freedom of Movement
ACHPR 13 : Right to Participate in Government
ACHPR 14: Right to Property
ACHPR 16 : Right to Health
ACHPR 2: Freedom from Discrimination
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law 2
ACHPR 4: Right to Life and Intergrity
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest

African Charter Rights Violated

ACHPR 11 : Right to Freedom of Assembly

Duration of Procedure: 29 أكتوبر 2010 ~ 10 يونيو 2014

Country Geolocation

خط العرض: 9.081999

خط الطول: 8.675277

Country Geolocation (مرتبط ECOWAS Court): Nigeria

المستندات الأولية

JUD-ECW-CCJ-JUD-16-14-SERAP v. Fed Rep of NIGERIA & 4Ors-10_06_14-vA.pdf
English
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تحميل عرض

Banjul charter

Article 5Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of man particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited.

Treaty

Banjul charter

Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.

Treaty

2. Universal Declaration of Human Rights

Article 9 No one shall be subjected to arbitrary arrest, detention or exile.

UN Document

Banjul charter

Article 1The Member States of the Organization of African Unity parties to the present Charter shall recognize the rights, duties and freedoms enshrined in this Chapter and shall undertake to adopt legislative or other measures to give effect to them.

Treaty

Banjul charter

Article 2Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, color, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status.

Treaty

Banjul charter

Article 101.Every individual shall have the right to free association provided that he abides by the law. 2.Subject to the obligation of solidarity provided for in 29 no one may be compelled to join an association.

Treaty

2. Universal Declaration of Human Rights

Article 20 1. Everyone has the right to freedom of peaceful assembly and association. 2. No one may be compelled to belong to an association.

UN Document

Banjul charter

Article 11Every individual shall have the right to assemble freely with others. The exercise of this right shall be subject only to necessary restrictions provided for by law in particular thoseenacted in the interest of national security, the safety, health, ethics and rights and freedoms of others.

Treaty

2. Universal Declaration of Human Rights

Article 3 Everyone has the right to life, liberty and security of person.

UN Document

ICESCR

rticle 11 1. The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international co-operation based on free consent. 2. The States Parties to the present Covenant, recognizing the fundamental right of everyone to be free from hunger, shall take, individually and through international co-operation, the measures, including specific programmes, which are needed: (a) To improve methods of production, conservation and distribution of food by making full use of technical and scientific knowledge, by disseminating knowledge of the principles of nutrition and by developing or reforming agrarian systems in such a way as to achieve the most efficient development and utilization of natural resources; (b) Taking into account the problems of both food-importing and food-exporting countries, to ensure an equitable distribution of world food supplies in relation to need.

UN Document

Banjul charter

Article 131.Every citizen shall have the right to participate freely in the government of his country, either directly or through freely chosen representatives in accordance with the provisions of the law. 2.Every citizen shall have the right of equal access to the public service of his country. 3. Every individual shall have the right of access to public property and services in strict equality of all persons before the law.

Treaty

2. Universal Declaration of Human Rights

Article 2 Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

UN Document

ICESCR

UN Document

ICCPR

Article 21. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, suchas race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. 2. Where not already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such laws or other measures as may be necessary to give effect to the rights recognized in the present Covenant. 3. Each State Party to the present Covenant undertakes: (a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in anofficial capacity; (b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of theState, and to develop the possibilities of judicial remedy; (c) To ensure that the competent authorities shall enforce such remedies when granted.

UN Document

ICCPR

Article 10 1. All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person. 2. (a) Accused persons shall, save in exceptional circumstances, be segregated from convicted persons and shall be subject to separate treatment appropriate to their status as unconvicted persons; (b) Accused juvenile persons shall be separated from adults and brought as speedily as possible for adjudication. 3. The penitentiary system shall comprise treatment of prisoners the essential aim of which shall be their reformation and social rehabilitation. Juvenile offenders shall be segregated from adults and be accorded treatment appropriate to their age and legal status

UN Document

2. Universal Declaration of Human Rights

Article 5 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

UN Document

2. Universal Declaration of Human Rights

Article 13 1. Everyone has the right to freedom of movement and residence within the borders of each State. 2. Everyone has the right to leave any country, including his own, and to return to his country.

UN Document

Banjul charter

Article 121. Every individual shall have the right to freedom of movement and residence within the borders of a State provided he abides by the law. 2. Every individual shall have the right to leave any country including his own, and to return to his country. This right may only be subject to restrictions, provided for by law for the protection of national security, law and order, public health or morality. 3. Every individual shall have the right, when persecuted, to seek and obtain asylum in other countries in accordance with laws of those countries and international conventions. 4. A non-national legally admitted in a territory of a State Party to the present Charter, may only be expelled from it by virtue of a decision taken in accordance with the law. 55. The mass expulsion of non-nationals shall be prohibited. Mass expulsion shall be that which is aimed at national, racial, ethnic or religious groups.

Treaty

2. Universal Declaration of Human Rights

Article 12 No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

UN Document

Banjul charter

Article 6Every individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom except for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily arrested or detained.

Treaty

Banjul charter

Article 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

Treaty

ICCPR

Article 61. Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life. 2. In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary to the provisions of the present Covenant and to the Convention on the Prevention and Punishment of the Crime of Genocide. This penalty can only be carried out pursuant to a final judgement rendered by a competent court. 3. When deprivation of life constitutes the crime of genocide, it is understood that nothing in this article shall authorize any State Party to the present Covenant to derogate in any way from any obligation assumed under the provisions of the Convention on the Prevention and Punishment of the Crime of Genocide. 4. Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. Amnesty, pardon or commutation of the sentence of death may be granted in all cases. 5. Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women. 6. Nothing in this article shall be invoked to delay or to prevent the abolition of capital punishment by any State Party to the present Covenant.

UN Document

Banjul charter

Article 14The right to property shall be guaranteed. It may only be encroached upon in the interest of public need or in the general interest of the community and in accordance with the provisions of appropriate laws.

Treaty

Banjul charter

Article 161. Every individual shall have the right to enjoy the best attainable state of physical and mental health. 2. States parties to the present Charter shall take the necessary measures to protect the health of their people and to ensure that they receive medical attention when they are sick.

Treaty

2. Universal Declaration of Human Rights

Article 21 1. Everyone has the right to take part in the government of his country, directly or through freely chosen representatives. 2. Everyone has the right to equal access to public service in his country. 3. The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures

UN Document

ICCPR

Article 91. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law. 2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him. 3. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgement. 4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful. 5. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.

UN Document

ICESCR

Article 3 The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all economic, social and cultural rights set forth in the present Covenant.

UN Document

2. Universal Declaration of Human Rights

Article 25 1. Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control. 2. Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.

UN Document

2. Universal Declaration of Human Rights

Article 7 All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

UN Document

ICESCR

Article 12 1. The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. 2. The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for: (a) The provision for the reduction of the stillbirth-rate and of infant mortality and for the healthy development of the child; (b) The improvement of all aspects of environmental and industrial hygiene; (c) The prevention, treatment and control of epidemic, endemic, occupational and other diseases; (d) The creation of conditions which would assure to all medical service and medical attention in the event of sickness.

UN Document

ICESCR

Article 2 21. Each State Party to the present Covenant undertakes to take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption of legislative measures. 2. The States Parties to the present Covenant undertake to guarantee that the rights enunciated in the present Covenant will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. 3. Developing countries, with due regard to human rights and their national economy, may determine to what extent they would guarantee the economic rights recognized in the present Covenant to non-nationals.

UN Document

ICESCR

Article 5 1. Nothing in the present Covenant may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights or freedoms recognized herein, or at their limitation to a greater extent than is provided for in the present Covenant. 2. No restriction upon or derogation from any of the fundamental human rights recognized or existing in any country in virtue of law, conventions, regulations or custom shall be admitted on the pretext that the present Covenant does not recognize such rights or that it recognizes them to a lesser extent.

UN Document

ICCPR

Article 121. Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence. 2. Everyone shall be free to leave any country, including his own. 3. The above-mentioned rights shall not be subject to any restrictions except those which are provided by law, are necessary to protect national security, public order (ordrepublic), public health or morals or the rights and freedoms of others, and are consistent with the other rights recognized in the present Covenant. 4. No one shall be arbitrarily deprived of the right to enter his own country.

UN Document

2. Universal Declaration of Human Rights

Article 17 1. Everyone has the right to own property alone as well as in association with others. 2. No one shall be arbitrarily deprived of his property.

UN Document

ICCPR

Article 3The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant.

UN Document

ICCPR

UN Document

ICESCR

Article 10 The States Parties to the present Covenant recognize that: 1. The widest possible protection and assistance should be accorded to the family, which is the natural and fundamental group unit of society, particularly for its establishment and while it is responsible for the care and education of dependent children. Marriage must be entered into with the free consent of the intending spouses. 2. Special protection should be accorded to mothers during a reasonable period before and after childbirth. During such period working mothers should be accorded paid leave or leave with adequate social security benefits. 43. Special measures of protection and assistance should be taken on behalf of all children and young persons without any discrimination for reasons of parentage or other conditions. Children and young persons should be protected from economic and social exploitation. Their employment in work harmful to their morals or health or dangerous to life or likely to hamper their normal development should be punishable by law. States should also set age limits below which the paid employment of child labour should be prohibited and punishable by law.

UN Document

ICCPR

Article 26 All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

UN Document

ICCPR

Article 22 1. Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests. 2. No restrictions may be placed on the exercise of this right other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on members of the armed forces and of the police in their exercise of this right. 3. Nothing in this article shall authorize States Parties to the International Labour Organisation Convention of 1948 concerning Freedom of Association and Protection of the Right to Organize to take legislative measures which would prejudice, or to apply the law in such a manner as to prejudice, the guarantees provided for in that Convention.

UN Document

Rules of procedure

Article 431. The Court may, either of its own motion or on application by a party, order that witnesses prove certain facts. The order of the Court shall set out the facts to be established. 2. The Court may summon a witness of its own motion or on application by a party to attend. 3. An application by a party for the examination of a witness shall state precisely about what facts and for what reasons the witness should be examined. 4. The witness shall be summoned by an order of the Court containing the following information: (a) The surname, forenames, description and address of the witness; (b) An indication of the facts about which the witness is to be examined; (c) Where appropriate, particulars of the arrangements made by the Court for Reimbursement of expenses incurred by the witness, and of the penalties, which may be imposed on defaulting witnesses. 5. The order shall be served on the parties and the witnesses. 6. The Court may make the summoning of a witness for whose examination a party has applied conditional upon the deposit with the Registry of the Court of a sum sufficient to cover the taxed costs thereof; the Court shall fix the amount of the payment. The Registry shall advance the funds necessary in connection with the examination of any witness summoned by the Court of its own motion. 7. After the identity of the witness has been established, the President shall inform him that he will be required to vouch the truth of his evidence in the manner laid down in these Rules. 8. The witness shall give his evidence to the Court, the parties having been given notice to attend. After the witness has given his main evidence the President may, at the request of a party or of his own motion, put questions to him. 9. The other Judges may do likewise. Subject to the control of the President, the representatives of the parties may put questions to witnesses. 10. Before giving his evidence, the witness shall take the following oath: "I swear or declare that I will speak the truth, the whole truth and nothing but the truth." 11. The Chief Registrar shall draw up minutes in which the evidence of each witness is reproduced. (i) The minutes shall be signed by the President and by the Chief Registrar. Before the minutes are thus signed, witnesses must be given an opportunity to check the content of the minutes and to sign them. The minutes shall constitute an official record. (ii) Proceedings may be recorded by any modern technological means.

Rules of Procedure

Banjul charter

Treaty

Banjul charter

Treaty

ICESCR

UN Document

JUD ECW CCJ JUD 24 15 Stella Ifeoma N. & 20 Ors v. Fed Rep of NIGERIA 30 11 15 vA

ECOWAS Court

Banjul charter

Article 551.Before each Session, the Secretary of the Commission shall make a list of the communications other than those of States parties to the present Charter and transmit them to the members of the Commission, who shall indicate which communications should be considered by the Commission. 2.A communication shall be considered by the Commission if a simple majority of its members so decide.

Treaty

Banjul charter

Treaty

Rules of Court {African Court on Human and People's Rights}

d. The State Party whose citizen is a victim of a human rightsviolation;

Rules of Procedure

ECW CCJ JUD 07 10 The Registered Trustees of the Socio economic and Accountability...

ECOWAS Court

ECOWAS Revised treaty

Treaty

ECW CCJ JUD 07 10 The Registered Trustees of the Socio economic and Accountability...

ECOWAS Court

Banjul charter

Treaty

ECOWAS Revised treaty

Treaty

Banjul charter

Treaty

Supplementary protocol

d) Individuals on application for relief for violation of their human rights; the submission of application for which shall: i. Not be anonymous; nor ii. Be made whilst the same matter has been instituted before another International Court for adjudication;

Treaty

Supplementary protocol

4. The Court has jurisdiction to determine case of violation of human rights that occur in any Member State.

Treaty

JUD ECW CCJ JUD 01 14 PTE Alimu Akeem v. Fed Rep of NIGERIA 28 01 14 vA

ECOWAS Court

Supplementary protocol

Treaty

Supplementary protocol

i. Be made whilst the same matter has been instituted before another International Court for adjudication;

Treaty

JUD ECW CCJ JUG 09 12 Valentine Ayika v. Republic of Liberia 08 06 12 vA

ECOWAS Court

ECW CCJ JUD 04 20 THE REG. TRUSTEES OF JAMAA FOUNDATION 5 ORS v. NIGERIA

SeeSERAP V FEDERAL REPUBLIC OF NIGERIA (2014) ECW/CCJ/JUD/16/14,para 77

ECOWAS Court

Banjul charter

Treaty

ICCPR

Article 21 The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others

UN Document

Banjul charter

Treaty

ICCPR

UN Document

Banjul charter

Treaty

ICCPR

UN Document

Banjul charter

Treaty

ICCPR

UN Document

لا تسمية16
- ECOWAS Court16
Treaties and softlaw only62
- Treaty28
- UN Document32
- Rules of Procedure2
International cases/decisions5
- ECOWAS Court5
Geolocation1
- Countries geolocation1

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اختر نوع العلاقة

Treaties and softlaw only
International cases/decisions
Municipal law
Municipal court decision
Country
Rights Not Violated
Keywords
Outcome
Rights Alleged to be Violated
Rights Violated
Type of Document
Right Not Violated
SADC Treaty Rights Violated
SADC Treaty Rights Not Violated
ACHPR Rights Violated
ACHPR Rights Not Violated
ACHPR Provisions
Cases Referenced
Location

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