guaranteed right to freedom from arbitrary detention under Article 6 of the Charter, which
provides:
Every individual shall have the right to liberty and to the security of his person. No one may be
deprived of his freedom except for the reasons and conditions previously laid down by law. In
particular, no one may be arbitrarily arrested and detained.
43. Closely related to the above violation of the Article 6 provision is the violation of the
victims’ right to fair hearing. The Complainant states that up to the date of filing this
communication no reason has been given for the victims’ arrest and detention, nor have any
charges been pressed against them.
In expounding on the guarantees of the right to fair trial under the Charter, the Commission
observed in its Resolution thus: …the right to fair trial includes, among other things, the
following:
(b) Persons who are arrested shall be informed at the time of arrest, in a language which they
understand of the reason for their arrest and shall be informed promptly of any charges against
them;
44. The failure and/or negligence of the security agents of the Respondent State to scrupulously
comply with these requirements is therefore a violation of the right to fair trial as guaranteed
under the African Charter.
45. The Complainant alleges violation of Articles 7 (1) (a) and 7 (1) (d) of the Charter in that Mr
Ifowodo and Agbakoba had no legal remedies available with which they could challenge their
detention. Further, that the absolute ouster of the jurisdiction of the court to adjudicate on the
legality or otherwise of acts done under the decree is a violation of the above provision, and also
a contravention of Article 26 of the Charter.
Article 7 (1) of the African Charter states:
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 violating his fundamental
rights as recognised and guaranteed by conventions, laws, regulations and customs in force;
Article 7 (1) (d) states: Every individual shall have… the right to be tried within reasonable time
by an impartial court or tribunal.
This is reinforced by paragraph 2 (c) of the Commission’s Resolution on Fair Trial, which
provides:
Persons arrested or detained shall be brought promptly before a judge or other officer authorised
by law to exercise judicial power and shall be entitled to trial within a reasonable time or to be
released.
46. The refusal and/or negligence on the part of the Respondent State to bring Messrs. Ifowodo
and Agbakoba promptly before a judge or other judicial officer for trial is therefore a violation of
Article 7 (1) (d) of the Charter. This is also in violation of Article 26 which stipulates: