(i). Establishing that there is a right recognized by article 6 of the
African Charter on Human and Peoples’ Right;
(ii).That this right has been violated by the defendants or any of
them;
(iii). That there is no action pending before another international
Court in respect of the alleged breach of his right, and
(iv.) That there was no previously laid down law that led to the
alleged breach or abuse of his rights and freedom from arbitrary
arrest.
The Court in Tidjani’s case above having been satisfied that the Plaintiff was
given opportunity to appeal against the decision complained of concluded that
in so far as there are avenues open to the applicant to seek redress within the
established and recognized hierarchy of Courts, it is immaterial that the
processes are flawed or abused in some ways provided due process was
followed.
The Plaintiff has not claimed that their arrest and detention were carried out
without due process nor did they allege that there were charged for a nonexisting offence.
The arrest detention trial, conviction and sentence of the Plaintiffs having
been done in accordance with the laid down laws and the Plaintiff having been
afforded opportunity to appeal against same plaintiffs case has not disclosed
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