75. In this regard, the Commission recalls its decision in communication 147/95 and 149/96, Sir
Dawda Jawara / The Gambia, wherein it stated thus: "For a State to avail itself of this plea, it must
show that such a law is consistent with its obligations under the Charter". It is therefore not enough for
a State to plead the existence of a law, it has to go further to show that such a law falls within the
permissible restrictions under the Charter and therefore in conformity with its Charter obligation. No
such reasons have been adduced in the instant case. The Commission therefore rejects this
argument.
Holding
For these reasons, the Commission
Holds a violation of Articles 3(2), 5, 6, 7 (1) (a), (b), (c), (d), 9 and 26 of the African Charter
and Principle 5 of the United Nations Principles on the Independence of the Judiciary .
Urges the Republic of Nigeria to bring its laws in conformity with the provisions of the Charter.
rd
th
Cotonou, Benin, 23 October to 6 November 2000.