. Bay Under such circumstances, position to have recourse the Court adjudges to or to exhaust the that Alimu Akeem preliminary ws procedures not inja made available to him by the domestic laws of Nigeria. Consequently, the plea in law regarding non utilisation of the national avenues for redress, is inoperative. That plea in law is thus dismissed. Bg. Furthermore, it is consistently held that exhaustion of local remedies is not a condition for the admissibility of applications for human rights violation before the instant Court (see Ruling on case concerning Professor Etim Republic of Gambia and University of Gambia, 14 March 2007, Judgment on case concerning Hadijatou Mani Koraou v. Republic October 2008, §49-53) (ii) As to the criminal nature of the proceedings Moses v. §27; and Niger, 27 instituted against Alimu Akeem 40. The Court notes that it is within the jurisdiction of the criminal martial court before which Alimu Akeem appeared, to determine whether he is guilty or not for the incidents which occurred in the performance of his functions. The instant Court is not seised with the same facts. The Court _ is rather seis@geen regard to the detention imposed on him in. the course of the procedure for the determination of that case, which he considers long, illegal, a violation of human dignity, and notably a violation of Article 6 of the African Charter on Human and Peoples’ Rights. On the other hand, he brings his Application in regard to alleged physical torture amounting to violation of Article 5 of the said Charter. Indeed, the said Articles provide as follows: Article 6: “Every 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. fn particular, no one may be arbitrarily arrested or detained.” Article 5: “Every 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.”