Cornmission on Human and Peoples' Rights on this same subject matter. The
African Commission found aprimafacie violation of the African Charter
a.nd
thus, urged the parties to subrnit their argurnents. While the Applicants in the
present case filed their arguments before the Commission, the Federal
Republic ofNigeria failed to react. The matter has since been deferred on the
decision of admissibility.
40.
It is worthy of note that the African Commission on Human and Peoples'
Rights (ACHPR) is not an international Court or Tribunal as referred to in
Article 10 (d) of the
2OO5
Supplementry Protocol. It is a quasi-judicial and
Investigative body tasked with promoting and protecting human rights
as
well
as interpreting the African charter on Human and Peoples' Rights. The
Commission only issues recommendations and therefore does not have the
powers to issue binding decisions.
4t.
Flowing from the above, the Court finds that the pendency of this action
before the African Commission on Human and Peoples' Rights does not
render the present application inadmissible. Consequently, the Court declares
the action admissible.
IX. MERITS
a.
42.
Alleged violation of right to life (Article 4)
The Applicants based their claim on the violation of their brother's right to
life under Article 4 of the African Charter which provides thus:
"Hltman beings are inviolable. Every human being shall be entitled to
respect of his life and the integrity of his person. l'{o one may be
arbitrarily deprived of this right. "
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