- 3 Whereas the Federal Republic of Nigeria has ratified and adopted the provision
of the African Charter on Human and Peoples’ Rights (ratification and
enforcement) Act Chapter IV Laws of the Federation of Nigeria 1990, Article 1
of the African Charter on Human and Peoples’ Rights (ratification and
enforcement) Act Chapter IV Laws of the Federation of Nigeria 1990 provides
that:
“The member states of the Organization of African Unity parties to the present
Charter shall recognize the rights, duties and freedom enshrined in this Charter
and shall undertake to adopt legislative or other measures to give effect to
them”
Article 2 provides:
“Every individual shall be entitled to the enjoyment of the rights and freedoms
recognized and guaranteed in the present Charter without distinction of any
kind such as race, ethnic group, colour, sex, language, religion, political or any
other opinion, national and social origin, birth or other status.”
It is provided under Article 12 (1) and (2) of the African Charter on Human and
Peoples’ Rights (Ratification and Enforcement) Act Chapter IV Laws of the
Federation of Nigeria 1990 that:
“Every individual shall have the right to freedom of movement and residence
within the borders of a state provided he abides by the law”
It is humbly submitted that the arrest and detention of the Plaintiff was without
any legal basis or justification. Accordingly, the said arrest and detention of the
Plaintiff was unwarranted, illegal, unconstitutional and a gross violation of his
rights to personal liberty and freedom of movement as guaranteed under
Articles 6 and 12 of the African Charter on Human & People’s Rights
(Ratification and Enforcement) Act, Cap. IV Laws of Federation of Nigeria
1990.
It is provided under Article 4 of the African Charter on Human and Peoples’
Rights (Ratification and Enforcement) Act Chapter IV Laws of the Federation
of Nigeria 1990 that:
“Human beings are inviolable. Every human being shall be entitled to respect
for his life and the integrity of his person. No one may arbitrarily deprive of this
right.”