101/93 : Civil Liberties Organisation (in respect of the Nigerian Bar
Association) / Nigeria
Summary of Facts
1. The communication is brought by the Civil Liberties Organisation, a Nigerian non-governmental
organisation, in protest against the Legal Practitioners’ Decree. This decree establishes a new
governing body of the Nigerian Bar Association, namely the Body of Benchers. Of the 128 members of
this body, only 31 are nominees of the Bar Association. The rest are nominees of the government.
2. The functions of the Body of Benchers are (1) the prescription of practising fees one tenth of which
are payable every year to the Body and (2) the disciplining of legal practitioners.
3. The decree excludes recourse to the Courts and makes it an offence “to commence or maintain an
action or any legal proceeding whatever relating to or connected with or arising from the exercise of
any of the powers of the Body of Benchers”. The decree is retrospective.
Argument
4. The communication argues that the prohibition on litigation violates Article 7 of the African Charter.
5. The communication argues that the new governing body for the Nigerian Bar Association,
established by governmental decree, violates Nigerian lawyers’ freedom of association guaranteed
by Article 10 of the African Charter.
Law
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6. This communication was declared admissible at the 16 Session.
7. The Legal Practitioners (Amendment) Decree 1993, Section 23 A, subsection 1, reads:
No person shall commence or maintain an action or any legal proceeding whatsoever relating to,
connected with or arising from: (a) the management of the affairs of the association; or (b) the exercise
or preparation by the Body of Benchers for the exercise of the powers conferred upon it by this Act.
8. A decision must be taken as to whether the above mentioned decree constitutes a violation of the
African Charter.
9. The Commission finds that the present case raises questions concerning Article 7, the right to fair
trial, and Article 10, the right to freedom of association.
10. The above mentioned Legal Practitioners (Amendment) Decree 1993, Section 23 A, subsection 3
reads:
A person who contravenes the subsection (1) of this section commits an offence and is liable on
conviction to a fine of N 10,000 or to imprisonment for a term of one year or to both such fine and
imprisonment.
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11. The Decree is retrospective since it was issued 18 February 1993 but was deemed to come into
force on 31st July 1992.
12. Article 6 of the African Charter reads:
No one may be deprived of his freedom, except for reasons and conditions previous laid down by law.
No retrospective law may deprive a person of his liberty. The wording of the decree therefore
constitutes a violation of Article 6.
13. Article 7.2 of the African Charter reads:
No one may be condemned for an act or omission which did not constitute a legally punishable
offence for which no provision was made at the time it was committed.
The Commission is of the opinion that the retrospective effect of the decree constitutes a violation
of Article 7.2 of the African Charter.
14. Article 7.1 of the African Charter reads:
Every individual shall have the right to have his cause heard. ...