the violation of which would fall within the ambit of Article 9(4) of the
Protocol of the Court, just to mention a few.
26.
Learned Counsel to the Plaintiff/ Applicant referred to the provisions of
the Charter in question for the success of the application.
appreciation,
For clarity and
Article 6 of the African Charter on Human
and Peoples
Rights provide:
"Every individual
shall have the right to liberty and to the security of
his person. No one may be deprived oj his freedom
and conditions previouslu
be arbitrarily
27·
except jor reasons
laid clown by law. In particular,
no one may
arrested or detained"
The court holds therefore that an infringement
alleged by the Plaintiff/applicant
on a person's liberty as
as stated above would fall neatly under
Article 9(4) of the Protocol of the Court. On that basis, the Court finds
that the ingredients
of the complaint in the Application
have met the
pursuant to the said Article 9(4) of the Protocol. Further to
requirement
this is the fact that when the allegations in the application of the Plaintiff
are dissected and examined the outcome brings out clearly that the acts
alleged are violation of human rights
pursuant
to Article 9(4) of the
Protocol of the Court.
28.
However, the defendants'
argument of lack of competence
raised some
issues that touches on the exhaustion of local remedies albeit, whether
the Court is an appellate
Court as to hear matters
a,u1 nlication
.()/""" " Pl'''l'r;t''j'ff cornnlaininc.J.;,::_._'of the 'order
r
...~
1
.
~....
<:A.
of competent jurisdiction,
'-
"1
J.U
•••
remanding
.L.\...
,.' .•.
,11..
or deal with the
nf
~
~
'1
~l
"'i.~
~;<;l
.1.. ••.• <:"
.. _ •.• ''',t.v
"('
"~ ••.••
;
",1. ," ----
the Applicant in Kiri-kiri Prison
Apapa, Lagos and or whether the application
is seeking for bail rather
than the reliefs sought for. Let us take the issues herein.
10