57. The government justifies its actions with regard to the journalists and proscription of publications by reference to the "chaotic" situation that transpired after the elections were annulled. The Commission decided, in its decision on communication 101/93, with respect to freedom of association, that "competent authorities should not enact provisions which limit the exercise of this freedom. The competent authorities should not override constitutional provisions or undermine fundamental rights guaranteed by the constitution and international human rights standards" ( ACHPR\A\101/93:16). 58. With these words the Commission states a general principle that applies to all rights, not only freedom of association. Government should avoid restricting rights, and take special care with regard to those rights protected by constitutional or international human rights law. No situation justifies the wholesale violation of human rights. In fact, general restrictions on rights diminish public confidence in the rule of law and are often counter-productive. 59. Given that Nigerian law contains all the traditional provisions for libel suits, a governmental proscription of a particular publication, by name, is of particular concern. Ad hominem legislation, that is laws made to apply to specifically one individual or legal entity raise the acute danger of discrimination and lack of equal treatment before the law guaranteed by Article 2. The proscription of The News thus constitutes a violation of Article 9. Equally, the seizure of 50,000 copies of Tempo and The News Magazine justified in the face of Article 9 of the Charter. Holding For the above reasons, the Commission Holds a violation of Articles 13.1, 6,and 9 of the African Charter; Appeals to the Government of Nigeria to release all those who were detained for protesting against the annulment of the elections; and to preserve the traditional functions of the court by not curtailing their jurisdiction. Banjul, 31st October 1998. 5