prolonged detention without charge, the African Commission finds that the arrest and detention of the Victim was arbitrary and in breach of Article 6 of the African Charter. 162.Moreover, the Complainant argues that the applicable domestic legislation, namely the National Security Act 2010 is itself in breach of Article 6 of the African Charter, as Article 50 (e-h) of the National Security Act (NSA) 2010 gives NISS members wide powers to arrest and detain a person on vague grounds for an initial period of up to thirty days (45 days upon renewal) and a possible total of four and a half months without the possibility of judicial review 111 . 163.The African Commission reiterates its decision in International PEN et al. (on behalf of Ken-Saro Wiwa Jnr.) v. Nigeria, where it held that a Decree that permitted the authorities to detain people without charge for as long as three months without the opportunity for the detainees to challenge their arrest and detention before a court of law, presented a prima facie violation of the right not to be arbitrarily arrested or detained under Article 6.112 164.ln line with the same reasoning, the African Commission conquers with the Complainant that the applicable domestic legislation i.e. the National Security Act 2010, which allows for a person to be detained for four and a half months without judicial review, is itself in breach of Article 6 of the African Charter. 165.Accordingly, the African Commission finds a violation of Article 6 of the African Charter by the Respondent State. Alleged Violation of Article 7 of the African Charter 166.Article 7 of the African Charter provides that: (1) 'everyone has the right to have their case heard, including: a) the right to bring an action before the competent national courts against any act infringing the fundamental rights recognized and 111 It sets out that any NISS member may: (e) Arrest or detain any suspected person for a period not exceeding thirty days provided that his/her relatives are immediately informed. (ij After elapse of the thirty days mentioned in Para (e) above, and if there are reasons that require more investigation, enquiry and maintaining the detained person in custody, NSS member shall refer the issue to the Director and make the recommendations he deems appropriate. (g) The Director may renew the detention period for not more than fifteen days with the purpose of completing investigation and enquiry. (h) If it comes to the knowledge of the Director that maintaining any person in custody is necessary for.5.SID~tion of investigation and enquiry in case of an accusation related to a factor threatening the security and sc!ff~he: ~1$li. intimidating society by way of armed robbery, racial, religious sedition or terrorism; disrupting peac~ e~lsifil"g ):iolitica( '°,. violence; or plotting against the country, he shall refer the issue to the Council which may extend the detentio ii . • ot \ . more than three months. ;-. 112 International PEN, Constitutional Rights Project, Civil Liberties Organisation and lnterights (on bepalf o Ken .Saro Wiwa Jnr.)/ Nigeria, Communication 137/94-139/94-154/96-161/97, para 83. ~ (": '- 1 i u Al>·\JP. ':·. ~ -~~0( ~ .... "i•f< ''O 11 __, ""' t.,\~'- "" \ ~. ,'f' E1 u<34 '<.""/