Article 6 of the African Charter on human and peoples’ rights provides: “Every individual shall have 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”. Article 5 of the African Charter on human and peoples’ rights provides “every 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” An arrest which is lawful may otherwise become unlawful where it is carried out arbitrarily. In determining the lawfulness of an alleged arrest and detention of an Applicant, the human rights jurisdiction of this Court will be invoked. Article 9 (4) of the Supplementary Protocol provides that: “The Court has jurisdiction to determine cases of violation of human rights that occur in any member State”. In HISSEIN HABRE V. REPUBLIC OF SENEGAL (2010) CCJELR, this Court held that in order to determine whether or not it has jurisdiction to entertain a matter, it has to examine:  If the issues submitted before it deals with a right which has been enshrined for the benefit of the human person; 25

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