notwithstanding the Political Parties Dissolution Decree, the Nigerian government has the same
obligations under the Charter as if it had never revoked. These obligations include guaranteeing the
right to be heard.
Holding
For the above reasons, the Commission
Holds that the Decrees in question constitute a breach of Article 7 of the Charter, the right to be heard;
Holds the ouster of the courts’ jurisdiction constitutes a breach of Article 26, the obligation to establish
and protect the courts; Finds the act of the Nigerian Government to nullify the domestic effect of the
Charter constitutes a serious irregularity.
th
Taken at the 17 Session, Lome, March 1995.