The powers of the Body of Benchers include financial and disciplinary matters. The prohibition on
litigation against these powers infringes the right to appeal to national organs, and violates Article
7.1 of the Charter.
15. Article 10 of the African Charter reads:
Every individual shall have the right to free association provided he abides by the law.
Freedom of association is enunciated as an individual right and is first and foremost a duty for the
State to abstain from interfering with the free formation of associations. There must always be a
general capacity for citizens to join, without State interference, in associations in order to attain various
ends.
16. In regulating the use of this right, the competent authorities should not enact provisions which
1
would limit the exercise of this freedom . The competent authorities should not override constitutional
provisions or undermine fundamental rights guaranteed by the Constitution and international human
rights standards.
17. The Body of Benchers is dominated by representatives of the government and has wide
discretionary powers. This interference with the free association of the Nigerian Bar Association is
inconsistent with the preamble of the African Charter in conjunction with UN Basic Principles on the
2
Independence of the Judiciary and thereby constitutes a violation of Article 10 of the African Charter.
Holding
For the above reasons, the Commission
Holds that there has been a violation of Articles 6, 7, and 10 of the African Charter on Human and
Peoples’ Rights. The Decree should therefore be annulled.
Footnotes
1. Resolution on the Right to Freedom of Association, adopted by the African Commission on Human and
th
Peoples' Rights, at its 11 Ordinary Session.
2. UN General Assembly Resolution no. 40/32 of 29 November 1985 and 40/146 of 13 December 1985.