answer this question, it must necessarily consider the merits or demerits of the trial, an issue the government does not want to be involved in. 60. Consequently, the Commission finds the selection of serving military officers, with little or no knowledge of law as members of the tribunal in contravention of Principle 10 . The said Principle states: Persons selected for judicial office shall be individuals of integrity and ability with appropriate training or qualifications in law. 61. In the same vein, the Commission considers the arraignment, trial and conviction of Malaolu, a civilian, by a Special Military Tribunal, presided over by serving military officers, who are still subject to military commands, without more, prejudicial to the basic principles of fair hearing guaranteed by Article 7 of the Charter. 62. It is fitting, in this regard, to cite the Commission's general position on the issue of trials of civilians by military tribunals. In its Resolution on the Right to Fair Trial and Legal Assistance in Africa, the Commission had, while adopting the Dakar Declaration and Recommendations noted thus: In many African countries military courts and special tribunals exist alongside regular judicial institutions. The purpose of military courts is to determine offences of a pure military nature committed by military personnel. While exercising this function, military courts are required to respect fair trial standards. They should not, in any circumstances whatsoever, have jurisdiction over civilians. Similarly, special tribunals should not try offences that fall within the jurisdiction of regular courts. 63. The Commission considers the said trial, which has not been refuted by the Respondent State, save to the extent that it was done under a law validly enacted by the competent authority at the time, in contravention of the right to fair trial guaranteed under Article 7 of the Charter. The Commission also finds the setting up of the said tribunal for the trial of treason and other related offences as impinging on the independence of the judiciary, in as much as such offences are being recognised in Nigeria as falling within the jurisdiction of the regular courts. 64. The Commission also finds the trial in contravention of the basic principle of fair hearing contained in Principle 5 of theUnited Nations Basic Principles on the Independence of the Judiciary (The UN Basic Principles) and Article 7(1) (d) of the African Charter. Principle 5 of the UN Basic Principles stipulates: Everyone shall have the right to be tried by the ordinary courts or tribunals using established legal procedures. Tribunals that do not use the duly established procedures of the legal process shall not be created to displace the jurisdiction belonging to the ordinary courts or judicial tribunals. 65. Furthermore, in its General Comment on a similar provision of Article 14 of the International Covenant on Civil and Political Rights , the Human Rights Committee observed: The provisions of article 14 apply to all courts and tribunals within the scope of that article whether ordinary or specialised. The Committee notes the existence, in many countries, of military or special courts which try civilians. This could present serious problems as far as the equitable, impartial and independent administration of justice is concerned…While the Covenant does not prohibit such categories of courts, nevertheless the conditions which it lays down clearly indicate that trying of civilians by such courts should be very exceptional and take place under conditions which genuinely afford the full guarantees stipulated in Article 14. (See also its Comment on the Report of Egypt - UN Doc. CCPR/79/Add. [2]3, paragraph a of August 1993) 66. It could not be said that the trial and conviction of Malaolu by a special military tribunal presided over by a serving military officer, who is also a member of the PRC, a body empowered to confirm the sentence, took place under conditions which genuinely afforded the full guarantees of fair hearing as provided for in Article 7 of the Charter. This is also in contravention ofArticle 26 of the Charter which states: States parties to the present Charter shall have the duty to guarantee the independence of the courts and shall allow the establishment and improvement of appropriate national institutions entrusted with the promotion and protection of the rights and freedoms guaranteed by the present Charter. 67. It is also contended by the Complainant that Malaolu is being punished by Nigeria’s military government over news stories published by his newspaper relating to an alleged coup plot involving