brought before the Court falls indeed within its scope of competence as
provided for by the new Article 9(4) of its Protocol, as amended by the 19
January 2005 Supplementary Protocol, which provides: “The Court has
jurisdiction to determine cases of violation of human rights that occur in
any Member State.” The Court is therefore competent to sit on the
Application brought by Mr. Aliyu Tasheku.
9. In the light of foregoing, the objection concerning res judicata as raised by
Counsel to the Federal Republic of Nigeria, must be examined, in the view
of the Court, as an objection regarding the inadmissibility of the Application,
and it is evident that such objection is typically examined at the preliminary
stage of the proceedings.
10. The Court notes that Counsel to the Federal Republic of Nigeria annexed to
its memorial on preliminary objections, the judgment dated 19 May 2011
and delivered by the High Court of the Federal Capital Territory, relating to
an action instituted by the Society Against Discrimination and Other Related
Intolerance and Mallam Aliyu Tasheku against the Nigeria Police. In the
terms of the said judgment, the Applicants substantially sought the following
reliefs from the court:
(i)
A declaration that Mr. Aliyu Tasheku’s arrest on 18 September 2010
is illegal, unconstitutional and violates his fundamental rights, as
provided for by Articles 34, 35, 36 and 41 of the 1999 Constitution of
Nigeria;
(ii)
A declaration that the continuing detention of Mr. Aliyu Tasheku
without release, the granting of bail or the preference of charges
against him, is illegal, unconstitutional and violates his right to dignity
and freedom, as provided for by Articles 34, 35, 36 and 42 of the 1999
Constitution;
(iii)
An order for Mr. Aliyu Tasheku to be released or to enjoin the Nigeria
Police authorities to send him before a competent court, as required by
Article 35 of the Constitution of Nigeria and Articles 4, 5 and 12 of
the African Charter on Human and Peoples’ Rights;
(iv)
An order for the payment of the sum of Ten Million Naira (N
10,000,000) as compensation for the violations and harm suffered.
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