37. We say so because we are of the firm view that the principles
set out in Article 6(d) and 7(2) were not inscribed in vain. The
Jurisdiction of this Court to interprete any breach of those
Articles was also not in vain, neither was it cosmetic. The
invocation of the provisions of the African Charter on Human
and Peoples Rights was not merely decorative of the Treaty but
was meant to bind Partner States hence the words that Partner
States must bind themselves to the “adherence to the
principles of democracy, the rule of Law …as well as the
recognition, promotion and protection of Human and Peoples
Rights in accordance with the provisions of the African Charter
on Human and Peoples Rights” (ACHPR). It is common
knowledge that Article 6 of the Charter provides that a person
shall not be deprived of his liberty except in circumstances
permissible by Law.
38. Where a person is deliberately deprived of his liberty for a
period of five (5) months by a Partner State and the Military
High Court of the Partner State finds the deprivation to be
“irregular” and therefore unlawful, how can this Court in its
interpretive mandate find otherwise?
39. It has been suggested by the 2nd Respondent that once the
Subject’s situation was “regularized” by the military High
REFERENCE NO.8 OF 2010
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