“
(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,”
+