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SA ADATU UMAR V FEDERAL REPUBLIC OF NIGERIA

Tribunal da CEDEAO

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Procedure4
Legal Analysis by the Court3
As to Admissibility of the Order Made by the Federal High Court, Abuja4
Consideration of the new Evidence6
Decision10
Cost10

SA ADATU UMAR V FEDERAL REPUBLIC OF NIGERIA

Tribunal da CEDEAO

Preview

Tipo de Documento

Acórdão

Palavras-Chave

Direito à Vida
Direitos das Mulheres
Discriminação
Liberdade da Pessoa
Liberdade de Movimento
Melhor Interesse da Criança
Prisão e Detenção Arbitrárias
res judicata

Estado

Nigéria

Resultado: Declarado Inadmissível

Data da Decisão: 14 de dez. de 2012

African Charter Rights Alleged to be Violated

CADHP 12 : Direito à Liberdade de Movimento
CADHP 12:2: Direito de deixar qualquer país, incluindo o seu, e de retornar ao seu país
CADHP 12.1: Direito à liberdade de circulação e residência dentro das fronteiras do Estado de residência legal
CADHP 2: Liberdade da Discriminação
CADHP 4: Direito à Vida e à Integridade
CADHP 6 : Direito à Liberdade Pessoal e Proteção contra Detenção Arbitrária

Duração do Procedimento: 13 de jun. de 2011 ~ 14 de dez. de 2012

Country Geolocation

Latitude: 9.081999

Longitude: 8.675277

Country Geolocation (linked Tribunal da CEDEAO): Nigeria

Primary Documents

ECW_CCJ_JUD_17_12 Sa'Adatu Umar v Nigeria.pdf
English
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Banjul charter

Article 6Every individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom except for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily arrested or detained.

Tratado

Banjul charter

Article 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

Tratado

Banjul charter

Article 121. Every individual shall have the right to freedom of movement and residence within the borders of a State provided he abides by the law.

Tratado

Banjul charter

Article 2Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, color, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status.

Tratado

Banjul charter

2. Every individual shall have the right to leave any country including his own, and to return to his country. This right may only be subject to restrictions, provided for by law for the protection of national security, law and order, public health or morality.

Tratado

Banjul charter

Tratado

Banjul charter

Article 121. Every individual shall have the right to freedom of movement and residence within the borders of a State provided he abides by the law. 2. Every individual shall have the right to leave any country including his own, and to return to his country. This right may only be subject to restrictions, provided for by law for the protection of national security, law and order, public health or morality. 3. Every individual shall have the right, when persecuted, to seek and obtain asylum in other countries in accordance with laws of those countries and international conventions. 4. A non-national legally admitted in a territory of a State Party to the present Charter, may only be expelled from it by virtue of a decision taken in accordance with the law.

Tratado

Banjul charter

Article 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

Tratado

Banjul charter

Tratado

ALIYU TASHEKU V FEDERAL REPUBLIC OF NIGERIA

Tribunal da CEDEAO

Rules of procedure

Article 371. In reply or rejoinder a party may offer further evidence. The party must, however, give reasons for the delay in offering it. 2. No new plea in law may be introduced in the course of proceedings unless it is based on matters of law or of fact which come to light in the course of the procedure. 3. If in the course of the procedure one of the parties puts forward a new plea in law which is so based, the President may, even after the expiry of the normal procedural time- limits, acting on a report of the Judge - Rappoteur and after hearing the parties, allow the other party time to answer on that plea. 4. The decision on the admissibility of the plea shall be reserved for the final judgment.

Rules of Procedure

Rules of procedure

2. No new plea in law may be introduced in the course of proceedings unless it is based on matters of law or of fact which come to light in the course of the procedure.

Rules of Procedure

Rules of procedure

3. If in the course of the procedure one of the parties puts forward a new plea in law which is so based, the President may, even after the expiry of the normal procedural time- limits, acting on a report of the Judge - Rappoteur and after hearing the parties, allow the other party time to answer on that plea.

Rules of Procedure

Rules of procedure

4. The decision on the admissibility of the plea shall be reserved for the final judgment.

Rules of Procedure

ALIYU TASHEKU V FEDERAL REPUBLIC OF NIGERIA

13.The Court is of the view that the argument concerning res judicatacan only succeed when it is established that the Application brought before it is essentially the sameas another one already satisfactorily decided upon before a competent domestic court.

Tribunal da CEDEAO

ALIYU TASHEKU V FEDERAL REPUBLIC OF NIGERIA

19.TheCourt therefore deduces from the foregoing, that the Application brought by Mr. Aliyu Tasheku is essentially the sameas the one filed before the Nigerian judge, which subject-matter has already been dealt with and which outcome the Applicant neither contested nor considered to be dissatisfactory since he did not appeal the judgment before any Nigerian 8court. The Applicant did not also indicate that the Nigerian authorities refused to implement the decisions made by the judge at the High Court. Equally, hebrought forth no new complaint or new application that may be entertained by the Honorable Court. The Court cannot retry a case on which a judgment of the domestic court of a Member State has already been delivered and against which no contestation has been raised. Consequently, the Court declares that the Application brought by Mr. Aliyu Tasheku is inadmissible.DECISION For These Reasons,20.The Court,Adjudicating publicly, after hearing both Parties, and after deliberating towards this ruling, -Adjudges that the Court has jurisdiction to adjudicate on the case;-Adjudges that in the instant case, the Application brought by Mr. Aliyu Tasheku is essentially the same as the one already decided upon by the Nigerian court;-Adjudges, consequently, that the Application is inadmissible.

Tribunal da CEDEAO

Banjul charter

Tratado

Banjul charter

1. Every individual shall have the right to freedom of movement and residence within the borders of a State provided he abides by the law. 2. Every individual shall have the right to leave any country including his own, and to return to his country. This right may only be subject to restrictions, provided for by law for the protection of national security, law and order, public health or morality. 3. Every individual shall have the right, when persecuted, to seek and obtain asylum in other countries in accordance with laws of those countries and international conventions. 4. A non-national legally admitted in a territory of a State Party to the present Charter, may only be expelled from it by virtue of a decision taken in accordance with the law. 55. The mass expulsion of non-nationals shall be prohibited. Mass expulsion shall be that which is aimed at national, racial, ethnic or religious groups.

Tratado

Banjul charter

Tratado

Banjul charter

Tratado

Banjul charter

Tratado

Banjul charter

Tratado

Banjul charter

Tratado

Banjul charter

Tratado

Banjul charter

Tratado

Banjul charter

Tratado

Banjul charter

Tratado

Banjul charter

Tratado

Banjul charter

Tratado

Banjul charter

Article 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

Tratado

Banjul charter

Tratado

Banjul charter

Article 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

Tratado

Banjul charter

Tratado

Banjul charter

Tratado

Rules of procedure

11. If costs are not claimed, the parties shall bear their own costs.

Rules of Procedure

Apenas tratados e lei leve66
- Rules of Procedure8
- Tratado55
- Tribunal da CEDEAO3
No Label1
- Tribunal da CEDEAO1
Casos / decisões internacionais2
- Tribunal da CEDEAO2
Geolocation1
- Countries geolocation1

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