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.