Thus, the Application
brought
before the instant Court is not the same
as the proceedings instituted against the Applicant by the criminal
martial court of Nigeria.
41. Similarly,
it
circumstances,
is
the
the
view
of
the
or
conclusions
findings
instant
Court
that
established
under
or
established by the martial courts of Nigeria seised to determine
Alimu
Akeem
is guilty
or
not,
and
to sentence
him,
do
not
yet
such
to
be
whether
have
any
determining effect on the Court’s adjudication upon the grievances and
requests brought by the Applicant. At any rate, the Application before
the
instant
Court
has
no
criminal
connotation.
As
such,
the
criminal
nature of the action instituted against Alimu Akeem in Nigeria cannot be
admitted as a ground for declaring the Application which the instant
Court is seised with as inadmissible. Therefore, that plea in law fails.
(iii)
That the Court has no jurisdiction to re-examine decisions made
by the national courts
essentially had to do with a re-examining of judgments already delivered
by the domestic courts, the Honourable Court held that they be
disi€ #@@-2¢ (see in this regard: Judgment on Jerry Ussa®we v..Wigeria and
Christian Okeke,
7 October
2005,
§32; Judgment
on Moussa
Leo Keita v.
Mali, 22 March 2007, §26; Judgment on Sa’adatu Umar v. Federal
Republic of Nigeria, 14 December 2012, §). Now, in the instant case, the
Court is not asked to re-examine the judgments of the General CourtMartial which determined the culpability of Alimu Akeem; the Court is
rather seised with a case on the human rights violations which allegedly
occurred in the course of the procedure at the domestic court. The
instant Court is therefore not asked to re-examine the decisions of the
martial courts of Nigeria. Consequently, this plea in law must equally be
set aside.
Regarding the merits of the case
43, The
Court
now
examines
whether
in the instant case there
is violation
of Articles 5 and 6 of the Charter and whether the reliefs sought
Applicant may be granted.
by the
\
42, It is trite that in those cases where the subject-matter of the dispute