during the trial or appealing against the judgment in accordance with the laid
down rules.
From the reading of Article 4 of the African Charter, deprivation of life is
allowed and it is only when the deprivation is arbitrary that it constitute a
violation thereof. The death penalty is provided for and applicable under the
laws of Liberia. Imposition of death penalty therefore will not amount to a
violation of that article if in so doing due process was followed.
Articles 6 of the African Charter is also not absolute and allows for deprivation
of liberty for reasons and conditions previously laid down by the law. The
check here also is ARBITRARINESS.
Arbitrary is defined in Black’s Law Dictionary 5th edition as something done
without fair, solid and substantial cause or without cause based upon the law.
An act is therefore arbitrary when it is not done in accordance with the
principles of law.
In Hamani Tidjani Vs. Federal Republic of Nigeria 2004 -2009 CCJELR 77,
this Court in considering whether it is competent to entertain an action brought
under article 6 of the African Charter stated that: “The combined effect of
article 9(4) of the protocol of the Court as amended, article 4(g) of the Revised
Treaty and Article 6 of the African Charter on Human and Peoples’ Rights is
that the Plaintiff must invoke the Court’s jurisdiction by;
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