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No. 10 DAR ES SALAAM CRESCENT, COMMUNITY COURT OF JUSTICE, ECOWAS OFF AMINU KANO CRESCENT, WUSE II, ABUJA - NIGERIA. COUR DE JUSTICE DE LA COMMUNAUTE, CEDEAO PMB 567 GARKI, ABUJA TEL/FAX: 234-9-5241595/ 5240780 TRIB UNAL DE JUSTIÇA DA COMUNIDADE, CEDEAO Website: www.courtecowas.org THE COURT OF JUSTICE OF THE ECONOMIC COMMUNITY OF WEST AFRICAN STATES (ECOWAS) HOLDEN AT ABUJA, NIGERIA This 12th day of June 2012 SUIT NO: ECW/CCJ/APP/13/11 JUDGMENT NO: ECW/CCJ/RUL/12/12 BETWEEN ALIYU TASHEKU APPLICANT AND FEDERAL REPUBLIC OF NIGERIA DEFENDANT BEFORE THEIR LORDSHIPS HON. JUSTICE BENFEITO MOSSO RAMOS PRESIDING HON. JUSTICE CLOTILDE MÉDÉGAN NOUGBODÉ MEMBER HON. JUSTICE ELIAM POTEY MEMBER Assisted by Mr. Athanase Atannon Registrar REPRESENTATION APPLICANT: Agent: No Appearance Lawyers: Chino Edmund Obiagwu Esq. Counsel: No Appearance DEFFENDANT: Agent: No Appearance Lawyers: F. F. Bebu Esq. and T. A. Gazali Esq. Counsel: No Appearance

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Procedure2
Arguments of the Parties3
As Regards the Federal Republic of Nigeria3
As Regards the Applicant3
Analysis of the Court3
Decision8
Costs8

ECW/CCJ/RUL/12/12 - Aliyu Tasheku v. Nigeria

ECOWAS Court

Preview

ECCJ App no.: ECW/CCJ/APP/13/11

ECCJ Jud No.: ECW/CCJ/RUL/12/12

Type of Document

Ruling

Keywords

Cruel and Degrading Treatment
Freedom of Movement
Personal Liberty
res judicata
Right to Life
Torture and Ill Treatment

Country

Nigeria

Outcome: Ruled Inadmissible

Year Decided: Jun 12, 2012

African Charter Rights Alleged to be Violated

ACHPR 12: Right to Freedom of Movement
ACHPR 4: Right to Life and Integrity
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest

Duration of Procedure: Jun 13, 2011 ~ Jun 12, 2012

Country Geolocation

Latitude: 9.081999

Longitude: 8.675277

Country Geolocation (linked ECOWAS Court): Nigeria

Primary Documents

ECW_CCJ_RUL_12_12 Aliyu Tasheku v Nigeria.pdf
English
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African Charter on Human and Peoples' Rights

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

African Charter on Human and Peoples' Rights

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

African Charter on Human and Peoples' Rights

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

African Charter on Human and Peoples' Rights

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 group

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

rticle 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

African Charter on Human and Peoples' Rights

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

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

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

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)

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

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

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

African Charter on Human and Peoples' Rights

Treaty

ECW/CCJ/JUD/17/12 Sa'Adatu Umar v Nigeria

§ 13 of the Judgment in the Aliyu Tasheku v. Federal Republic of Nigeria,

ECOWAS Court

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

Protocol A/SP1/12/01

h)The rights set out in the African Charter on Human and People’s Rights and other international instruments shall be guaranteed in each of the ECOWAS Member States; each individual or organisation shall be free to have recourse to the common or civil law courts, a court of special jurisdiction, or any other national institution established within the framework of an international instrument on Human Rights, to ensure the protection of his/her rights. Page7In the absence of a court of special jurisdiction, the present Supplementary Protocol shall be regarded as giving the necessary powers to common or civil law judicial bodies.

ECOWAS Court

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

rticle 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

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (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

ECW/CCJ/JUD/17/12 Sa'Adatu Umar v Nigeria

§ 19 and 20 of the Judgment in the Aliyu Tasheku v. Federal Republic of Nigeria,

ECOWAS Court

ECOWAS Court Rules of Procedure

Article 661. A decision as to costs shall be given in the final judgment or in the order, which closes the proceedings. 2. The unsuccessful party shall be ordered to pay the costs if they have been applied for in the successful party's pleadings. 3. Where there are several unsuccessful parties the Court shall decide how the costs are to be shared. 4. Where each party succeeds on some and fails on other heads, or where the Circumstances are exceptional; the Court may order that the costs be shared or that the parties bear their own costs. 5. The Court may order a party, even if successful, to pay costs which the Court considers that party to have unreasonably or vexatious caused the opposite party to incur. 6. The Member States and institutions which intervene in the proceedings shall bear their own costs. 7. The Court may order an intervener other than those mentioned in the preceding subparagraphs to bear his own costs. 8. A party who discontinues or withdraws from proceedings shall be ordered to pay the costs if they have been applied for in the other party's observations on the discontinuance. 9. However, upon application by the party who discontinues or withdraws from proceedings, the costs shall be borne by the other party if this appears justified by the conduct of that party. 10. Where the parties have come to an agreement on costs, the decision as to costs shall be in accordance with that agreement. 11. If costs are not claimed, the parties shall bear their own costs. 12. Where a case does not proceed to judgment the costs shall be in the discretion of the Court.

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- Treaty39
- Rules of Procedure1
- ECOWAS Court1
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- ECOWAS Court9
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- Countries (Geolocation) 1

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