the Charter. In this case, the fundamental rights in question are those to life and liberty provided for in
Articles 4 and 6 of the African Charter. While punishments decreed as the culmination of a carefully
conducted criminal procedure do not necessarily constitute violations of these rights, to foreclose any
avenue of appeal to "competent national organs" in criminal cases bearing such penalties clearly violates
Article 7.1.a of the African Charter, and increases the risk that severe violations may go unredressed.
14. The Robbery and Firearms (Special Provision) Act, Section 8(1), describes the constitution of the
tribunals, which shall consist of three persons; one Judge, one officer of the Army, Navy or Air Force and
one officer of the Police Force. Jurisdiction has thus been transferred from the normal courts to a tribunal
chiefly composed of persons belonging to the executive branch of government, the same branch that
passed the Robbery and Firearms Decree, whose members do not necessarily possess any legal
expertise. Article 7.1.d of the African Charters requires the court or tribunal to be impartial. Regardless of
the character of the individual members of such tribunals, its composition alone creates the appearance, if
not actual lack, of impartiality. It thus violates Article 7.1.d.
Holding
For the above reasons, the Commission
Declares that there has been a violation of Article 7 (1) (a), (c) and (d) of the African Charter; and
Recommends that the Government of Nigeria should free the Complainants.
At the 17th Session the Commission decided to bring the file to Nigeria for the planned mission in order to
verify that the violations have been released.
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