11. Article 6 of the African Charter reads:
...No one may be deprived of his freedom except for reasons and conditions previously laid down by
law. In particular, no one may be arbitrarily arrested or detained.
12. The State Security (Detention of Persons) Act provides that the Chief of General Staff may order
that a person be detained if he is
satisfied that any person is or recently has been concerned in acts prejudicial to State security or has
contributed to the economic adversity of the nation, or in the preparation or instigation of such acts.
13. Persons may be detained indefinitely if the detention is reviewed every six weeks by a panel of
nine persons, six of whom are appointed by the President, the other three being the Attorney-General,
the Director of the Prison Service, and a representative appointed by the Inspector-General of Police.
The panel does not have to agree that continued detention is necessary: the detention will be renewed
unless the Panel is satisfied that the circumstances no longer require the continued detention of the
person.
14. The detainees were arrested between May and June 1995, nearly two years ago. There is no
evidence that they have been tried or even charged.
15. Even if the required reviews of detention as provided for by the Act are being held, the Panel
which conducts the review cannot be said to meet judicial standards as the majority of its members
are appointed by the President (the Executive) and the other three are also representatives of the
executive branch. The Panel does not have to justify the continued detention of individuals, but only
issue orders in the case of release.
16. This Panel cannot thus be considered impartial. Consequently, even if recommendations from the
meetings of this Panel are responsible for the detainees' continued detention, this detention must be
considered arbitrary, and therefore in violation of Article 6.
17. Furthermore, Article 7(1) of the Charter provides that every individual shall have the right to an
appeal to competent national organs against acts violating his fundamental rights, and the right to be
tried within a reasonable time by an impartial court or tribunal.
18. The Review Panel cannot be considered a competent national organ. Since it appears that the
right to file for habeas corpus is also closed to the accused individuals, they have been denied their
rights under Article 7(1)(a).
19. A subsidiary issue is the length of time that has elapsed since their arrest. In a criminal case,
especially one in which the accused is detained until trial, the trial must be held with all possible speed
to minimise the negative effects on the life of a person who, after all, may be innocent.
20. That nearly two years can pass without even charges being filed is an unreasonable delay. Thus,
the detainees' rights under Article 7(1)(d) have also been violated.
For these reasons, the Commission
Holds a violation of Articles 6, 7(1)(a) and 7(1)(d) of the Charter.
Appeals to the Government of Nigeria to charge the detainees, or release them.
Kigali, Rwanda, 15 November 1999.