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And the following hereby append their signatures: Hon. Justice Yussif KABA – Presiding Hon. Justice Maria DO CEU Monteiro – Member Hon. Judge Friday Chijioke Nwoke – Member Assisted by Mr. Aboubakar Dijbo Diakite - Registrar DONE THIS 29TH DAY OF JUNE, 2018 IN THE CITY OF ABUJA, FEDERAL REPUBLIC OF NIGERIA STAMP OF COURT Page | 21

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PARTIES AND REPRESENTATION1
FACTS OF THE CASE2
PLEAS IN LAW OF THE PARTIES7
PLEAS IN LAW BY THE APPLICANTS7
ISSUES FOR CONSIDERATION7
DISCUSSION OF THE ISSUES8
Whether or not the Application as filed by the applicants stated a cause of action sufficient to attract the competence and consideration of this court?8
Whether or not the applicants fail to exhaust local remedies for the redress of allege wrong complaint of and therefore this court is impotent to enquire into this matter?12
Whether or not it is evidence from the pleadings in this matter that the acts complaint of by the applicants constitutes a violation by the Federal Government of its obligations as is enshrine in the ECOWAS Protocol and other human right instruments that were ratified by the said Government?13
The Facts17
The Law: Admissibility18
Should it be the finding of this court that the Federal Government was in breach of its international obligations as refer to above, is this court competent, and is there evidence sufficient in law for this court, to grant the reliefs sought by the applicants?19
DECISION20
COSTS20

ECW/CCJ/JUD/20/18 - Gabriel Inyang & Linus Iyeme v Nigeria

ECOWAS Court

Preview

ECCJ App no.: ECW/CCJ/APP/03/18

ECCJ Jud No.: ECW/CCJ/JUD/20/18

Type of Document

Judgement

Keywords

Administration of Justice
Cruel and Degrading Treatment
Death Sentence
Detention Facilities/Conditions
False Imprisonment
Military Tribunals
Right to Fair Trial
Right to Life
Torture and Ill Treatment

Case Headnotes: The Applicants averred that they are citizens of the Federal Republic of Nigeria who are among people on death row in Nigeria after been sentenced by a Tribunal set up by the Military Government of Nigeria in 1995.

Country

Nigeria

Outcome: Decided on Merits

Year Decided: Jun 29, 2018

Rights Alleged to be Violated (ECOWAS Treaty)

ECOWAS 4: Fundamental Principles

African Charter Rights Alleged to be Violated

ACHPR 7: Right to Fair Trial
ACHPR 1: General Obligations
ACHPR 2: Freedom from Discrimination
ACHPR 26 : Duty to Guarantee Independence of Courts
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law
ACHPR 4: Right to Life and Integrity
ACHPR 5: Cruel Inhuman and Degrading Treatment

African Charter Rights Violated

ACHPR 7: Right to Fair Trial

Duration of Procedure: Jan 17, 2018 ~ Jun 29, 2018

Country Geolocation

Latitude: 9.081999

Longitude: 8.675277

Country Geolocation (linked ECOWAS Court): Nigeria

Primary Documents

ECW_CCJ_JUD_20_18 Gabriel Inyang & Linus Iyeme v Nigeria.pdf
English
Download View

Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)

Article 10: Access to the Court. Access to the Court is open to the following: a) Member States, and unless otherwise provided in a Protocol, the Executive Secretary, where action is brought for failure by a Member state to fulfill an obligation; b) Member States, the Council of Ministers and the Executive Secretary in proceeding for the determination of the legality of an action in relation to any community text; c) Individuals and corporate bodies in proceedings from the determination of an act or inaction of a Community official which violates the rights of the individuals or corporate bodies; d) Individuals on application for relief for violation of their human rights; the submission of application for which shall: i. Not be anonymous; nor ii. Be made whilst the same matter has been instituted before another International Court for adjudication; e) Staff of any Community institution, after the Staff Member has exhausted all appeal processes available to the officer under the ECOWAS Staff Rules and Regulations; f) Where in any action before a court of a Member State, an issue arises as to the interpretation of a provision of the Treaty, or the other Protocols or Regulations, the national court may on its own or at the request of any of the parties to the action refer the issue to the Court for interpretation.”

Treaty

ECOWAS Court Rules of Procedure

Article 331. An application of the kind referred to in Article 11 of the Protocol shall state: (a) the name and address of the applicant; (b) the designation of the party against whom the application is made; (c) the subject- matter of the proceedings and a summary of the pleas in law on which the application is based; (d) the form of order sought by the applicant; (e) where appropriate, the nature of any evidence offered in support. 2. For the purpose of the proceedings, the application shall state an address for service in the place where the Court has its seat and the name of the person who is authorized and has expressed willingness to accept service. 3. In addition to, or instead of, specifying an address for service as referred to in the first subparagraph; the application may state that the lawyer or agent agrees that service is to be effected on him by telefax or other technical means of communication. 4. If the application does not comply with the requirements referred to in the first and second subparagraphs, all service on the party concerned for the purpose of the proceedings shall be effected, for so long as the defect has not been cured, by registered letter addressed to the agent or lawyer of that party. By way of derogation from Article 77(1), service shall then be deemed to be duly effected by the lodging of the registered letter at the post office of the place where the Court has its seat. 5. The application shall be accompanied, where appropriate, by the documents Specified in the first paragraph of Article 15 of the protocol. 6. If the application does not comply with the requirements set out in paragraphs 1 to 4 of this Article, the Chief Registrar shall prescribe a period not more than thirty days within which the applicant is to comply with them whether by putting the application itself in order or by producing any of the above-mentioned documents. 7. If the applicant fails to put the application in order or to produce the required documents within the time prescribed, the Court shall, after hearing the party, decide whether the non-compliance with these conditions renders the application formally inadmissible.

Rules of Procedure

African Charter on Human and Peoples' Rights (Banjul Charter)

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 (Banjul Charter)

Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 1The Member States of the Organization of African Unity parties to the present Charter shall recognize the rights, duties and freedoms enshrined in this Chapter and shall undertake to adopt legislative or other measures to give effect to them.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 71.Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; (b) the right to be presumed innocent until proved guilty by a competent court or tribunal; (c) the right to defense, including the right to be defended by counsel of his choice; (d) the right to be tried within a reasonable time by an impartial court or tribunal. 2.No one may be condemned for an act or omission which did not constitute a legally punishable offence at the time it was committed. No penalty may be inflicted for an offence for which no provision was made at the time it was committed. Punishment is personal and can be imposed only on the offender.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 26States parties to the present Charter shall have the duty to guarantee the independence of the Courts and shall allow the establishment and improvement of appropriate national institutions entrusted with the promotion and protection of the rights and freedoms guaranteed by the present Charter.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 2Every 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, color, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status.

Treaty

ECOWAS Revised treaty

ARTICLE4FUNDAMENTALPRINCIPLESTHE HIGH CONTRACTINGPARTIES,in pursuit of the objectives stated in Article 3of thisTreaty,solemnly affirm and declare their adherence to the following principles:a)equalityandinter-dependenceofMemberStates;b)solidarityandcollectiveself-reliance;c)inter-Stateco-operation,harmonisationof policiesand integrationof programmes; ECOWASREVISEDTREATYd)non-aggression between Member States;e)maintenanceof regional peace, stability and security through the promotion andstrengtheningofgoodneighbourliness;f)peaceful settlement of disputes among Member States,activeco-operation betweenneighbouring countries and promotion of a peacefulenvironmentas a prerequisitefor economic development;g)recognition,promotionandprotectionof humanand peoples' rights in accordancewith the provisions of the African Charter on Human and Peoples' Rights;h)accountability, economic and social justice and popularparticipationindevelopment;i)recognitionandobservanceof therulesandprinciplesof theCommunity;j)promotionandconsolidationofademocraticsystemofgovernanceineachMemberStateasenvisagedbytheDeclarationofPoliticalPrinciplesadoptedinAbujaon6 July, 1991; andk)equitableandjustdistributionofthecostsandbenefitsofeconomicco-operationand integration.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

ECOWAS Court Rules of Procedure

Article 11Where the Chief Registrar and the Registrars are absent or prevented from attending or their posts are vacant, the President shall designate an official or other servant to carry out temporarily the duties of the Chief Registrar and Registrars.

Rules of Procedure

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

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

ECOWAS Court Rules of Procedure

4. To every pleading there shall be annexed a file containing the documents relied on in support of it, together with a schedule listing them.

Rules of Procedure

ECW/CCJ/JUD/03/11 Bakary Sarre & 28 Ors v Ministry of Justice of Mali & Republic of Mali

ECOWAS Court

Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)

4. The Court has jurisdiction to determine case of violation of human rights that occur in any Member State.

Treaty

Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)

c) Individuals and corporate bodies in proceedings from the determination of an act or inaction of a Community official which violates the rights of the individuals or corporate bodies;

Treaty

ECOWAS Revised treaty

g)recognition,promotionandprotectionof humanand peoples' rights in accordancewith the provisions of the African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

ECW/CCJ/JUD/05/07 Etim Moses Essien v Republic of Gambia & anor

ECOWAS Court

ECW/CCJ/JUD/06/08 Hadijatou Mani Koraou v. Niger

ECOWAS Court

European Convention on Human Rights

ARTICLE 3Prohibition of tortureNo one shall be subjected to torture or to inhuman or degrading treatment or punishment

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

CASE OF M.S.S. v. BELGIUM AND GREECE (Application No. 30696/09)

EU Document

ECW/CCJ/JUD/05/11 Petrostar (Nigeria) Limited v Blackberry Nigeria Limited & Anor.

ECOWAS Court

ECOWAS Court Rules of Procedure

4. To every pleading there shall be annexed a file containing the documents relied on in support of it, together with a schedule listing them.

Rules of Procedure

ECW/CCJ/JUD/02/12 Femi Falana & Anor v Benin & 2 Others

ECOWAS Court

Communication 222/98-229/99 - Law Office of Ghazi Suleiman v. Sudan

ACHPR Decision

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

(a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force;

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

(d) the right to be tried within a reasonable time by an impartial court or tribunal.

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 (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

(d) the right to be tried within a reasonable time by an impartial court or tribunal.

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 (Banjul Charter)

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 (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

(d) the right to be tried within a reasonable time by an impartial court or tribunal.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

(d) the right to be tried within a reasonable time by an impartial court or tribunal.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

rticle 71.Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force;

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

(d) the right to be tried within a reasonable time by an impartial court or tribunal.

Treaty

Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)

4. The Court has jurisdiction to determine case of violation of human rights that occur in any Member State.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

(d) the right to be tried within a reasonable time by an impartial court or tribunal.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

(d) the right to be tried within a reasonable time by an impartial court or tribunal.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

Protocol A/P.I/7/91 on the Community Court of Justice

Article 24: Legal CostsUnless the Court shall decide otherwise, each party to the dispute shall bear its own legal expenses.

Treaty

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- Treaty44
- Rules of Procedure4
International cases/decisions9
- ECOWAS Court5
- EU Document1
- ACHPR Decision3
Location1
- Countries (Geolocation) 1

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