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Holding For these reasons, the Commission Holds a violation of Articles 5, 6, 7(1)(a), (c) and (d), 18 and 26 of the Charter and Requests the Government of Nigeria to bring its laws into conformity with the Charter. Kigali, Rwanda, 15th November 1999. 4

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143/95-150/96 Constitutional Rights Project and Civil Liberties Organisation v Nigeria

ACHPR Decision

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Type of Document

Decision

Keywords

Administration of Justice
Civil and Political Rights
Cruel and Degrading Treatment
Democracy
Detention Facilities/Conditions
Elections / Referendums
Freedom of Expression / Digital Rights
Freedom of Opinion
Functioning and Independence of the Judiciary
Military Dictatorship
Peace and Security
Protection of Family and Vulnerable Groups
Right to be Heard before a Competent Court
Right to Fair Trial
Right to Health
Right to Life
State Internal Security
Torture and Ill Treatment

Case Head Notes: Communication 143/95 alleges that the Government of Nigeria, through the State Security (Detention ofPersons) Amended Decree No. 14 (1994), has prohibited any court in Nigeria from issuing a writ of habeascorpus, or any prerogative order for the production of any person detained under Decree No. 2 (1984).Complainant argues that this law violates the African Charter on Human and Peoples' Rights. The decreeswere applied to detain without trial several human rights and pro-democracy activists and opposition politicians in Nigeria

Country

Nigeria

Outcome: Decided on Merits

Year Decided: Nov 15, 1999

Rights Alleged to be Violated (ACHPR Provisions)

ACHPR 7: Right to Fair Trial
ACHPR 26 : Duty to Guarantee Independence of Courts
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest
ACHPR 7.1.a: Right to Sue for Remedy before a Competent Tribunal
ACHPR 7.1.d: Right to be tried within a reasonable time by an impartial Court

Rights Violated (ACHPR Provisions)

ACHPR 18: Protection of the Family and Vulnerable Groups
ACHPR 26 : Duty to Guarantee Independence of Courts
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest
ACHPR 7.1.a: Right to Sue for Remedy before a Competent Tribunal
ACHPR 7.1.c: Right to Defence
ACHPR 7.1.d: Right to be tried within a reasonable time by an impartial Court

Duration of Procedure

Feb 2, 1995 ~ Nov 15, 1995

Country Geolocation

Latitude: 9.081999

Longitude: 8.675277

Country Geolocation (linked ACHPR Decision): Nigeria

Primary Documents

143_95-150_96 Constitutional Rights Project and Civil Liberties Organisation _....pdf
English
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136. 143_95-150_96 Constitutional Rights Project and Civil Liberties Organisation _Nigeria - PT.pdf
Portuguese
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African Human Rights CLA 2.0

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143/95-150/96 Constitutional Rights Project and Civil Liberties Organisation v Nigeria

Primary Documents

African Charter on Human and Peoples' Rights

African Charter on Human and Peoples' Rights

African Charter on Human and Peoples' Rights

African Charter on Human and Peoples' Rights

African Charter on Human and Peoples' Rights

African Charter on Human and Peoples' Rights

African Charter on Human and Peoples' Rights

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

59/91 Embga Mekongo Louis v Cameroon

African Charter on Human and Peoples' Rights

African Charter on Human and Peoples' Rights

African Charter on Human and Peoples' Rights

African Charter on Human and Peoples' Rights

African Charter on Human and Peoples' Rights

African Charter on Human and Peoples' Rights

African Charter on Human and Peoples' Rights

African Charter on Human and Peoples' Rights

African Charter on Human and Peoples' Rights

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

African Charter on Human and Peoples' Rights

African Charter on Human and Peoples' Rights

African Charter on Human and Peoples' Rights

Notifications