- 29.7 The
Court
Federal
notes
Republic
of the sentence
that
on
of Nigeria
the
day
on
which
lit is
delivering
has not yet produced
and the Applicant
still remains
its judgment,
the
the decision for confirmation
in prison.
30. The Court notes that Alimu Akeem alleges violation of Articles 5 and 6 of the
African Charter on Human and Peoples’ Rights, on one hand, and seeks a Ten
Million Naira reparation, on the other hand, and he also asks the Court to
order the Federal Republic of Nigeria to terminate the “oppressive, uncivilised
WW)
es
and
barbaric”
attitude.
On the other hand, the Federal Republic of Nigeria avers lack of jurisdiction of
the Court on the grounds that the Applicant, by virtue of his status as a soldier
of the Nigerian Army, is bound to follow the procedure provided under
Sections 148, 178 and 183 of the Armed Forces Act. The Federal Republic of
Nigeria further contends that Alimu Akeem must exhaust the remedies
provided for by the said law before taking any other step, and
that as a public
officer he had three months at his disposal to
Section 2(a) of the Public Officers Protection Act.
decision,
SZ. Tie
Federal
Republic
of Nigeria
maintains
lawful. It asserts notably that the Applicant
a criminal procedure. Besides, the Federal
Honourable Court cannot adjudicate as
delivered by a domestic court of a Member
appeal
the
moreover t that
under
the Application | iS
was ‘arrested and {tried fiin line with
Republic of Nigeria argues that the
an appeal court on a judgment
State.
Jurisdiction of the Court
. In line with its consistently held case law, the Court has jurisdiction in a matter,
once the case brought before it substantially seeks to ask the Court to find that
there is an occurrence of human rights violation. To that end, it suffices that a
human rights violation be contained in the application. Now, in the instant
case, the Applicant Alimu Akeem cites violation of human rights as enshrined
in Articles 5 and
6 of the
African
Charter‘ on
Human
and
Peoples’
Rights,
an
instrument the Federal Republic of Nigeria is party to. Consequently, the Court
declares that it has jurisdiction to adjudicate on the Application of Mr. Alimu
Akeem,