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300/05 Socio-Economic Rights and Accountability Project v Nigeria

ACHPR Decision

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Summary of Facts 1
Complaint2
Procedure2
Law2
Admissibility2
Submissions by the Complainant2
Submissions by the Respondent State3
Holding8
Footnotes8

300/05 Socio-Economic Rights and Accountability Project v Nigeria

ACHPR Decision

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Type of Document

Decision

Keywords

Administration of Justice
Best Interest of the Child
Corruption
Economic, Social and Cultural Development
Education
Equality Before the Law
Exhaustion of Local Remedies
Fraud
Free Disposal of Wealth and Natural Resources
Freedom from Discrimination
Immorality
Investigation
Mismanagement of Public Resources
Money Laundering
Offences by State agents in private capacity
Regional Human Rights Laws
Right to Education
Theft
Transitional Justice

Case Head Notes: The communication (herein referred to as the communication or complaint) is submitted by the Socio-Economic Rights and Accountability Project (SERAP, the Complainant) against the government of Nigeria (the Respondent State). Nigeria is a state party to the African Charter on Human and Peoples’ Rights (the African Charter), which it ratified on 22th July 1983.

Country

Nigeria

Outcome: Ruled Inadmissible

Year Decided: Jul 29, 2008

Rights Alleged to be Violated (ACHPR Provisions)

ACHPR 1: General Obligations
ACHPR 17: Right to Education
ACHPR 2: Freedom from Discrimination
ACHPR 21: Right to Free Disposal of Wealth and Natural Resources
ACHPR 22: Peoples' Right to Economic, Social and Cultural Development
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law

Rights Violated (ACHPR Provisions)

None Indicated

Rights Not Violated (ACHPR Provisions)

None Indicated

Duration of Procedure

Mar 29, 2005 ~ Jul 29, 2008

Country Geolocation

Latitude: 9.081999

Longitude: 8.675277

Country Geolocation (linked ACHPR Decision): Nigeria

Primary Documents

300-05 - Socio Economic Rights and Accountability Project v Nigeria.pdf
English
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African Charter on Human and Peoples' Rights

Article 211. All peoples shall freely dispose of their wealth and natural resources. This right shall be exercised in the exclusive interest of the people. In no case shall a people be deprived of it. 72. In case of spoliation the dispossessed people shall have the right to the lawful recovery of its property as well as to an adequate compensation. 3. The free disposal of wealth and natural resources shall be exercised without prejudice to the obligation of promoting international economic cooperation based on mutual respect, equitable exchange and the principles of international law.4. States parties to the present Charter shall individually and collectively exercise the right to free disposal of their wealth and natural resources with a view to strengthening African unity and solidarity. 5. States parties to the present Charter shall undertake to eliminate all forms of foreign economic exploitation particularly that practiced by international monopolies so as to enable their peoples to fully benefit from the advantages derived from their national resources. Article 221. All peoples shall have the right to their economic, social and cultural development with due regard to their freedom and identity and in the equal enjoyment of the common heritage of mankind. 2. States shall have the duty, individually or collectively, to ensure the exercise of the right to development.

Treaty

African Charter on Human and Peoples' Rights

Article 171. Every individual shall have the right to education. 2. Every individual may freely, take part in the cultural life of his community. 3.The promotion and protection of morals and traditional values recognized by the 6community shall be the duty of the State.

Treaty

African Charter on Human and Peoples' Rights

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.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. 3Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the la

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Article 56Communications relating to human and peoples' rights referred to in 55 received by the Commission, shall be considered if they: 1.Indicate their authors even if the latter request anonymity, 2.Are compatible with the Charter of the Organization of African Unity or with the present Charter, 3.Are not written in disparaging or insulting language directed against the State concerned and its institutions or to the Organization of African Unity, 4.Are not based exclusively on news discriminated through the mass media, 5.Are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged, 6.Are submitted within a reasonable period from the time local remedies are exhausted or from the date the Commission is seized of the matter, and 7.Do not deal with cases which have been settled by these States involved in accordance with the principles of the Charter of the United Nations, or the Charter of the Organization of African Unity or the provisions of the present Charter.

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

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 56Communications relating to human and peoples' rights referred to in 55 received by the Commission, shall be considered if they: 1.Indicate their authors even if the latter request anonymity,

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

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African Charter on Human and Peoples' Rights

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African Charter on Human and Peoples' Rights

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African Charter on Human and Peoples' Rights

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ACHPR Decision

Communication 307/05 - Obert Chinhamo v. Zimbabwe

ACHPR Decision

African Charter on Human and Peoples' Rights

Article 24All peoples shall have the right to a general satisfactory environment favorable to their development.

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Cases Referenced3
- ACHPR Decision3
No Label1
- ACHPR Decision1
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