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148/96 : Constitutional Rights Project / Nigeria

ACHPR Decision

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Summary of Facts1
Complain1
Procedure1
Law1
Admissibility1
Merits2
Decision of the African Commission2

148/96 : Constitutional Rights Project / Nigeria

ACHPR Decision

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Type of Document

Decision

Keywords

Arbitrary Arrest and Detention
Competence of the Court
Detention Facilities/Conditions
Exhaustion of Local Remedies
False Imprisonment
Freedom of Association
Freedom of Movement
Military Offences
Military Tribunals
Militia operations / Armed conflicts
Personal Liberty
Personal security
Right to be Heard before a Competent Court
Right to Fair Trial

Case Head Notes: The communication concerns 11 soldiers of the Nigerian army: WO1 Samson Elo, WO2 Jomu James, Ex. WO2 David Umukoro, Sat. Gartue Ortoo, LCPI Pullen Blacky, Ex LCPI Lucky Iviero, PVT Fakolade Taiwo, PVT Adelabi Ojejide, PVT Chris Miebi, Ex PVT Otem Anang, and WO2 Austin Ogbeowe. They were arrested in April 1990 on suspicion of being part of a coup plot and were tried twice, once in 1990, and once in 1991. They were found innocent on both occasions but still have not been freed. On 31st October 1991, the then-Armed Forces Ruling Council granted them state pardon. However, they continue to be held at Kirikiri Prison under terrible conditions. The complaint argues that there are no further domestic remedies available, since the jurisdiction of the courts over the matter has now been ousted by military decree.

Country

Nigeria

Outcome: Decided on Merits

Year Decided: Nov 15, 1999

Rights Alleged to be Violated (ACHPR Provisions)

ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest

Rights Violated (ACHPR Provisions)

ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest

Rights Not Violated (ACHPR Provisions)

None Indicated

Duration of Procedure

Sep 18, 1995 ~ Nov 15, 1999

Country Geolocation

Latitude: 9.081999

Longitude: 8.675277

Country Geolocation (linked ACHPR Decision): Nigeria

Primary Documents

achpr26_148_96_eng.pdf
English
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African Charter on Human and Peoples' Rights

Article 5Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of man particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited.

Treaty

African Charter on Human and Peoples' Rights

Article 56Communications relating to human and peoples' rights referred to in 55 received by the Commission, shall be considered if they: 1.Indicate their authors even if the latter request anonymity, 2.Are compatible with the Charter of the Organization of African Unity or with the present Charter, 3.Are not written in disparaging or insulting language directed against the State concerned and its institutions or to the Organization of African Unity, 4.Are not based exclusively on news discriminated through the mass media, 5.Are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged, 6.Are submitted within a reasonable period from the time local remedies are exhausted or from the date the Commission is seized of the matter, and 7.Do not deal with cases which have been settled by these States involved in accordance with the principles of the Charter of the United Nations, or the Charter of the Organization of African Unity or the provisions of the present Charter.

Treaty

60/91 Constitutional Rights Project (in respect of Wahab Akamu, G. Adega and others) v Nigeria

ACHPR Decision

African Charter on Human and Peoples' Rights

5.Are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged

Treaty

African Charter on Human and Peoples' Rights

5.Are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged

Treaty

87/93 - Constitutional Rights Project (in respect of Zamani Lakwot and six others) v Nigeria

ACHPR Decision

101/93 - Civil Liberties Organisation (in respect of the Nigerian Bar Association) v Nigeria

ACHPR Decision

129/94 - Civil Liberties Organisation v Nigeria

ACHPR Decision

101/93 - Civil Liberties Organisation (in respect of the Nigerian Bar Association) v Nigeria

ACHPR Decision

129/94 - Civil Liberties Organisation v Nigeria

ACHPR Decision

African Charter on Human and Peoples' Rights

Article 6Every individual shall have the right to liberty and to the security of his person. 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.

Treaty

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Cases Referenced6
- ACHPR Decision6
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