a
Admissibility of the Application
34, Evidently,
all the arguments brought forth by the Federal Republic of Nigeria
on their merits aim at contesting the admissibility of the Application filed by
Alimu Akeem. The Court will now examine each of these arguments, namely (i)
that the Applicant is under obligation to have recourse to the preliminary
procedures made available to him under the domestic law of Nigeria (ii) that
the proceedings instituted against him is of a criminal nature,
Court has no jurisdiction to re-examine
(i)
178
by the
national courts.
As to obligation to have recourse to preliminary
made available by the domestic law of Nigeria
Republic
35. The Federal
148,
decisions made
and (iii) that the
and
183
procedures
relies essentially on the provisions of Sections
Armed Forces Act. Section 148 sanctions a criminal
of Nigeria
of the
procedure before the military courts. Section 183 complements it and provides
for appeal mechanisms. As for Section 178, it provides for the Armed Forces
personnel, administrative channels of redress against decisions of superior
officers. Evidently, the procedures provided for in Sections 148 and 178 are not
of the same
nature.
Sew
.
36. The Court will therefore examine this point of law regarding
Bigs
inadmissibility in
the light of the provisions of Sections 148 and 183 and other relevant sections
of the Armed
Forces Act, as applicable to criminal proceedings
before Nigerian
martial courts.
STs In that regard, the Court notes that in line with Article 148(3), the findings of
the Court Martial shall become final only when they are confirmed by the
competent authority. Thus, in as far as that confirmation was not made, the
accused could not appeal his case or apply for review. Now, the Court finds
that if the details provided by the Parties indicate that the matter was brought
before the authority that is competent to confirm the findings, those same
details do not indicate however that the required confirmatior. vhich would
render the Court Martial’s decision as final, was made; ana this vacuum
persisted for more than three years. The Court therefore holds that the
Applicant was not availed the opportunity for seeking redress, as referred to
above.