alcohol or vagrants, for the purpose of their care or treatment or the protection of the community; or (f) for
the purpose of preventing the unlawful entry of any person into Nigeria or of effecting the expulsion,
extradition or other lawful removal from Nigeria of any person or the taking of proceedings relating thereto:
Provided that a person who is charged with an offence and who has been detained in lawful custody
awaiting trial shall not continue to be kept in such detention for a period longer than the maximum period of
imprisonment prescribed for the offence. (2) Any person who is arrested or detained shall have the right to
remain silent or avoid answering any question until after consultation with a legal practitioner or any other
person of his own choice. (3) Any person who is arrested or detained shall be informed in writing within
twenty-four hours (and in a language that he understands) of the facts and grounds for his arrest or
detention. (4) Any person who is arrested or detained in accordance with subsection (1) (c) of this section
shall be brought before a court of law within a reasonable time, and if he is not tried within a period of - (a)
two months from the date of his arrest or detention in the case of a person who is in custody or is not
entitled to bail; or (b) three months from the date of his arrest or detention in the case of a person who has
been released on bail, he shall (without prejudice to any further proceedings that may be brought against
him) be released either unconditionally or upon such conditions as are reasonably necessary to ensure that
he appears for trial at a later date. (5) In subsection (4) of this section, the expression "a reasonable time"
means - (a) in the case of an arrest or detention in any place where there is a court of competent
jurisdiction within a radius of forty kilometres, a period of one day; and (b) in any other case, a period of two
days or such longer period as in the circumstances may be considered by the court to be reasonable. (6)
Any person who is unlawfully arrested or detained shall be entitled to compensation and public apology
from the appropriate authority or person; and in this subsection, "the appropriate authority or person"
means an authority or person specified by law. (7) Nothing in this section shall be construed - (a) in relation
to subsection (4) of this section, as applying in the case of a person arrested or detained upon reasonable
suspicion of having committed a capital offence; and (b) as invalidating any law by reason only that it
authorises the detention for a period not exceeding three months of a member of the armed forces of the
federation or a member of the Nigeria Police Force in execution of a sentence imposed by an officer of the
armed forces of the Federation or of the Nigeria police force, in respect of an offence punishable by such
detention of which he has been found guilty.
of the Constitution of Nigeria; consequently the Court admits the application brought by the Applicants, for
reparation of the harm suffered as a result of the said violation.
51. Whereas the Court upholds that the Parties have acknowledged having withdrawn their application of
reparation, for the dispossession and destruction of their vessel, the Court declares that since no claim was
made concerning the dispossession of the vessel, the Court makes no order hereto.
52. Whereas the Court has upheld that the portrayal of the Applicants in the international press as thieves
and vandals of Nigerian crude oil, constitute excesses of the preliminary inquiry, and not a violation of the
right to respect human dignity, as provided for in Article 5 of the African Charter on Human and Peoples'
Rights, the Court dismisses the application of the Applicants in respect of the said relief.
53. Whereas the Court has upheld the principle of privity of contracts, it is necessary to hold that it is
inapplicable in this case. However, the 10 applicants to wit, Djot Bayi Talbia, Inza Clisse, Latte Serge
Alfred, Makomillan Tanoe, Viavonou Zannou, Boubou Diallo, Mobio Etienne, Koi Joachim, Kpilimake
Nkadon, Debo Jeremie, having suffered harm arising from their continuing detention from 2 March 2004 to
30 November 2005, each of the said 10 applicants is entitled to fair and just reparation adjudged by this
court in the lump sum of US 42,750 Dollars, against the defendants jointly and severally.
54. Whereas it is trite that claims not proved must fail, accordingly this court dismisses all other claims
brought by the Applicants, for the reasons stated herein in this judgment.
55. Whereas the other 5 applicants to wit, Sawadogo Pierre, Akakpo Antoine, Vanie Pascal, Fall Abdou,
Coulibaly Hamed failed to prove the claim of human rights violation against the defendants as stated in
their application, the court dismisses the said claim.
Costs
56. As always cost goes with the successful party, the court awards the sum of Ten Thousand US Dollars
(US $10,000) against the Defendants, in accordance with Article 66 (2) of the Rules of Procedure of the
Court.
14