native doctor. From these facts, he alleged violation of Articies 5 and 6 African Charter on Human and Peoples’ Rights. He relied amended the Court Application on the new Articles 9(4) and 10(d) of the Protocol on the Court as by the 19 January 2005 Supplementary Protocol, and contended that has jurisdiction to adjudicate on the 1s admissible. He notably maintained that also and case, exhaustion his that of local remedies is not a condition for admissibility of applications for human rights violation before this Honourable Court. In support of these arguments, he cited several judgments, notably the judgments on the following cases: Olajide Afolabi v. Federal Republic of Nigeria, 27 April 2004; Alhaji Hammani Tidjani v. Federal Republic of Nigeria and Others, 28 June 2007; Chief Franck Ukor v. Rachad Laleye and Another, 2 November 2007; Etim Mosses Essien v. Republic of Gambia, 29 October 2007. He affirmed that the raison cl’étre and objective of the procedure initiated before the Honourable ultimate Court is different from that of the proceedings instituted against him on the basis of the charges made against him. The Applicant further argued that the action before the ECOWAS Court of Justice concerns violation of his human rights, as arising from his arrest, detention and torture before and after his trial by the Court Martial. He made reference to the decision of the Supreme Court of Nigeria in the case concerning Federal Republic of Nigeria and Another v. Lord Chief _Udensi keevu (2003) 45 WRN 27 in support of his affirnaggesn. . Begone The Applicant further alleged violation of his right to personal liberty as guaranteed by Article 6 of the African Charter on Human and Peoples’ Rights, for, according to him, his detention before trial is in disregard for Article 35(4)(5) of the 1999 Constitution of the Federal Republic of Nigeria as amended. He averred that.the fact that he was manacled when in military custody constitutes physical torture, which brought upon him psychological trauma and long-lasting agony, resulting in the deterioration of his health and violation of his right to human dignity. - Regarding the Federal Republic of Nigeria Counsel for Federal Republic of Nigeria averred that the Applicant was accused of negligence in the performance of his duties and theft of property belonging to the Army, notably, theft of an official rifle while he was on guara duty around 13 November 2006, and was attached to General S.V.L. Malu (rtd.) as a security detail at Makurdi. As a result, he was arraigned before the 82 Division Enugu Generai Court Martial and sentencec to é term of imprisonment. a ee

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