Articles 12 (1) and(2) state:
1. Every individual shall have the right to freedom of movement and residence within the
borders of a state provided he abides by the law.
2. Every individual shall have the right to leave any country including his own, and to return
to his country. This right may only be subject to restrictions, provided for by law for the
protection of national security, law and order, public health or morality.
51. The said encroachment, not being in consonance with the above restrictions, is therefore a
violation of the victims' right to freedom of movement under Article 12 (1) and(2) of the African
Charter.
52. The Complainant alleges that the search without warrant of CLO's premises and the seizure
of its property is a violation of Article 14 of the Charter. It is contended that Article 14 implies
that owners have the right to undisturbed possession, use and control of their property however
they deem fit.
Article 14 of the African Charter provides:
The right to property shall be guaranteed. It may only be encroached upon in the interest of
public need or in the general interest of the community and in accordance with the provisions of
appropriate laws.
53. The Complainant further contends that no evidence was ever offered of public need or
community interest to justify the search and seizure. The said encroachment therefore is a
violation of Article 14 of the Charter.
54. Unfortunately, to date, the Government of the Federal Republic of Nigeria has neither
responded to the Commission's request for additional information/observations nor for the
arguments on the merits of the case. In these circumstances, the Commission is therefore
compelled to accept the facts of the Complainant as the facts of this case.
Holding
For the above reasons, the African Commission
Holds a violation of Articles 5, 6, 7(1) (a), (d), 9, 10(1), 12(1) and(2), and 14 of the African
Charter.
Cotonou, Benin, 23 October to 6th November 2000.