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I. JUDGMENT:
1. This
is the judgment ofthe Court read virtually in open court purs-uant to
Article
8(1) of the Practice Directions on Electronic Case Management and Virtual
Court Sessions, 2020.
II. DESCRIPTION OF THE PARTIES:
2.
The Applicants are Nigerians and as such, citizens ofthe Economic Community
of west African states (ECowAS) and currently reside in Germany.
J.
The Respondent is the Federal Republic of Nigeria, a Member State of
ECOWAS and a signatory to its Protocols and Conventions.
III. INTRODACTION
Subject matter of proceedings
4. The Applicants' case is anchored on the contention that their brother was taken
into custody by operatives of the Economic and Financial Crimes Commission
(EFCC) in Abuja, Nigeria where he died shortly thereafter under unclear
circumstances. They claimed that no effective investigatio,
$u, conducted while
his body remained in a mortuary for more than eighteen (18) months, and the
authorities issued statemelts to the effect that their brother had been guilty of a
d
crime, although he had never even been charged with a criminal offence.
5.
The Applicants contend that these facts reveal several breaches of the African
Charter on Human and Peoples' Rights (hereinafter referred
to as "African
Charter"). They invoke in partioular the right to life, prohibition from torture, the
presumption of innocence and the right to human dignity variously protected
under Articles
4,5 andT(l) (b) of the African
Charter.
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