(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 27

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