because the charges brought against Alimu Akeem a national criminal court or tribunal matter. He referred to the case law judgment in nature, only has jurisdiction to adjudicate on the of the Court in connection with the relating to Starcrest Investment Ltd. and 3 Others, 8 July 2011. arg criminal v. President of the Commission aos Besides, as regards violation of Article 12(1) of the African Charter on Human and Peoples’ Rights, which provides that “Every individual shall have the right to freedom of movement and residence within the borders of a State provided he abides by the Jaw (emphasis was made by said Counsel)”, he alleged that by committing the offences brought against him, for which his guilt is established, the Applicant did not respect the laws of Nigeria and therefore his Application must be deemed inadmissible. Moreover, he argued that the burden of proof lies with the Applicant and that he did not bring a single piece of evidence in support of his allegations. 2h He concluded that Application brought the Court has no jurisdiction to adjudicate on the by Alimu Akeem and prayed the Court to dismiss his requests together with his Application, for lack of jurisdiction of the instant Court and on the ground that his applications are ill founded. ANALYSIS OF THE COURT a The Court notes that the Applicant was arrested on 13 November 2006 with four other persons on the ground that he was on guard duty at the home of the retired General Victor Malu, and that a rifle had disappeared in the home of the said General. The Court notes also that the Applicant was detained till 15 May 2009, the agate on which he was finally brought before a court martial at Enugu on two charges: (i) theft of property belonging to the Army, and (ii) vacation of duty post during official working hours. The said court martial sentenc ed hivi to eighteen (18) months imprisonment on the first charge and three (3) months imprisonment on the second charge. The report of the court martial dated 3 S September 2009 made mention of sentencing procedures which are subject to confirmation by the Chief of Army Staff.

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