Merits
10. The Civil Disturbances (Special Tribunal) Act, Part IV, Section 8(1) provides:
The validity of any decision, sentence, judgment ... or order given or made... or any other thing
whatsoever done under this Act shall not be inquired into in any court of law.
11. A “decision, sentence, judgment...order given or made.. or any other thing whatsoever done
under” the Civil Disturbances Act may certainly constitute an “act violating fundamental rights” as
described in Article 7.1.a of the Charter. In this case, the fundamental rights in question are those to
life and liberty provided for in Articles 4 and 6 of the African Charter. While punishments decreed as
the culmination of a carefully conducted criminal procedure do not necessarily constitute violations of
these rights, to foreclose any avenue of appeal to “competent national organs” in criminal cases
bearing such penalties clearly violates Article 7.1.a of the African Charter, and increases the risk that
even severe violations may go unredressed.
12. The communication alleges that during the trials the defence counsel for the Complainants was
harassed and intimidated to the extent of being forced to withdraw from the proceedings. In spite of
this forced withdrawal of counsel, the tribunal proceeded to give judgment in the matter, finally
sentencing the accused to death. The Commission finds that defendants were deprived of their right to
defence, including the right to be defended by counsel of their choice, violation of Article 7.1.cas cited
above.
13. The Civil Disturbance (Special Tribunal) Act, Part II, Section 2(2) says that the tribunal shall
consist of one judge and four members of the armed forces. As such, the tribunal is composed of
persons belonging largely to the executive branch of government, the same branch that passed the
Civil Disturbance Act.
14. Article 7.1.d of the African Charters requires the court or tribunal to be impartial. Regardless of
the character of the individual members of such tribunals, its composition alone creates the
appearance, if not actual lack, of impartiality. It thus violates Article 7.1.d.
Holding
For the above reasons, the Commission
Declares that there has been a violation of Articles 7(a), (c) and (d) of the African Charter;
and Recommends that the Government of Nigeria should free the Complainants.
th
At the 17 Session the Commission decided to bring the file to Nigeria for a planned mission in order
to make sure that the violations have been repaired.