brought before the Court falls indeed within its scope of competence as provided for by the new Article 9(4) of its Protocol, as amended by the 19 January 2005 Supplementary Protocol, which provides: “The Court has jurisdiction to determine cases of violation of human rights that occur in any Member State.” The Court is therefore competent to sit on the Application brought by Mr. Aliyu Tasheku. 9. In the light of foregoing, the objection concerning res judicata as raised by Counsel to the Federal Republic of Nigeria, must be examined, in the view of the Court, as an objection regarding the inadmissibility of the Application, and it is evident that such objection is typically examined at the preliminary stage of the proceedings. 10. The Court notes that Counsel to the Federal Republic of Nigeria annexed to its memorial on preliminary objections, the judgment dated 19 May 2011 and delivered by the High Court of the Federal Capital Territory, relating to an action instituted by the Society Against Discrimination and Other Related Intolerance and Mallam Aliyu Tasheku against the Nigeria Police. In the terms of the said judgment, the Applicants substantially sought the following reliefs from the court: (i) A declaration that Mr. Aliyu Tasheku’s arrest on 18 September 2010 is illegal, unconstitutional and violates his fundamental rights, as provided for by Articles 34, 35, 36 and 41 of the 1999 Constitution of Nigeria; (ii) A declaration that the continuing detention of Mr. Aliyu Tasheku without release, the granting of bail or the preference of charges against him, is illegal, unconstitutional and violates his right to dignity and freedom, as provided for by Articles 34, 35, 36 and 42 of the 1999 Constitution; (iii) An order for Mr. Aliyu Tasheku to be released or to enjoin the Nigeria Police authorities to send him before a competent court, as required by Article 35 of the Constitution of Nigeria and Articles 4, 5 and 12 of the African Charter on Human and Peoples’ Rights; (iv) An order for the payment of the sum of Ten Million Naira (N 10,000,000) as compensation for the violations and harm suffered. 4

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