“ (al) In terms 44, The of violation Article 6 of the Charter | Court notes that the Applicant was arrested on 13 November 2006; that he was not brought before the Court Martial until 15 May 2009; that the Minutes of Court Proceedings for the trial conducted before the Court Martial bears the date of 3 September 2009, 45. The Court therefore finds that between the date of arrest of the Applicant and the date the Court Martial imposed its sentence, almost 3 years elapsed. That besides, the Federal Republic of Nigeria did not file among the processes of the case a crucial element for assessing the circumstances of the case, namely the date on which Court Proceedings was transmitted to the authority confirming the sentence made the case may the Minutes of responsible for by the Court Martial: and that whatever be, till teday, the decision for confirming the sentence has still not been made. It is therefore manifest that the Applicant Alimu Akeem has been under detention for almost 6 years without seeing his trial coming to a conclusion, whereas in the terms of the provisional sentence pronounced against him, he was to serve a maximum term of 3 years. f— The Court concludes thereby that thesetention of Alimu: Akeem,;: from: sie cre the date of his arrest till today, under the prevailing conditions, is inconsistent with the laws of Nigeria, since the Applicant has served his sentence beyond the number of years imposed on him, whereas the authority charged with confirming or reversing the sentence of the Court Martial has not delivered its judgment. Consequently, the Court declares that the said detention is arbitrary and violates Article 6 of the African Charter on Human and Peoples’ Rights. 7, The Court is consequently of the view that, by acting in the manner they did, the authorities of the Federal Republic of Nigeria deprived Alimu Akeem of his right to trial within reasonable time, in violation of Article 7(1)-d of the African Charter on Human and Peoples’ Rights, which provides: “Every individual shall have the right to have his cause heard. This comprises ... the right to be tried within a reasonable time by an impartial court or tribunal,” +

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