273/03 Centre for Advancement of Democracy, Social Justice, Conflict Resolution and Human Welfare / Nigeria Summary of Facts 1. On 17th March 2003, the Secretariat of the African Commission received a communication from the Centre for Advancement of Democracy, Social Justice, Conflict Resolution and Human Welfare, an NGO based in Nigeria, relative to Article 55 of the African Charter. 2. The Centre for Advancement of Democracy, Social Justice, Conflict Resolution and Human Welfare submitted the communication for and on behalf of Mr Abuoma Excellence Emmanuel, 30 years old and member of the Movement for the Actualisation of the Sovereign State of Biafra (MASSOB). 3. The communication was submitted against Nigeria (a State party to the African Charter)1 . The communication alleged that in December 2000, the Nigerian Police Force (NPF) arrested Mr Abuoma Excellence Emmanuel during a raid at the MASSOB's Headquarters at Okigwe, Imo State, Nigeria. 4. The communication further alleged that since the arrest of Mr Abuoma Excellence Emmanuel (more than two [(2)] years now), no charges had been brought against him and attempts to have him released on bail had failed. Complaint 5. The Centre for Advancement of Democracy, Social Justice, Conflict Resolution and Human Welfare contends that the above-described facts constitute a violation by Nigeria of Articles 2, 3, 4, 5, 6, 7, 8, 10 and 20(1) of the African Charter and therefore, prays that the African Commission addresses the violations. Procedure 6. By a letter referenced ACHPR/COMM/274/2003 and dated 17th April 2003, the Secretariat of the African Commission acknowledged receipt of the communication to the author (Centre for Advancement of Democracy, Social Justice, Conflict Resolution and Human Welfare) and indicated that the communication would be considered on seizure at the 33rd Ordinary Session of the Commission scheduled for the 15th to 29th May 2003 in Niamey, Niger. 7. During its 33rd Session held from 15th to 29th May 2003, in Niamey, Niger, the African Commission considered the communication and decided to be seized thereof. 8. By a Note Verbale referenced ACHPR/COMM/273/2002 and dated 12th June 2003, the Secretariat of the African Commission notified the Republic of Nigeria of the decision on seizure and requested it to furnish the [African] Commission with its arguments on the admissibility on the case within three [(3)] months from the date of notification for possible consideration during its 34th Ordinary Session. 9. By a letter referenced ACHPR/COMM/273/2002 and dated 12th June 2003, the Secretariat of the [African] Commission also notified the Complainant of the decision on seizure and requested for arguments on admissibility within three [(3)] months from the date of notification for possible consideration during its 34th Ordinary Session. 10. Both parties to the communication neither responded to the notifications nor submitted arguments on admissibility. During its 34th Ordinary Session held in November 2004 in Banjul, The Gambia, the African Commission, requested the Secretariat to give the parties more time to submit their submissions. 11. The Secretariat of the African Commission tried to contact the Complainant by telephone and by fax for more information, but in vain, since the contact details provided by the latter at the time of depositing the communication, were invalid. 12. On the 2nd December 2003, the Secretariat of the [African] Commission sent by fax a Note Verbale referenced (ACHPR/COMM 273/2002/RK) to the Respondent State through its Embassy in Banjul, [the Gambia], informing it that the African Commission awaited its comments on the admissibility of the complaint, attaching a new copy of the communication to the Note for ease of reference. 1