However, the Committee considered that “National Unity’ under difficult Political circumstances cannot be achieved by attempting to muzzle advocacy of multiparty democratic tenets and human rights and that the author’s right to freedom of expression had therefore been violated. Clearly, when a person is arrested without warrant or summons and then simply kept in detention without any Court order, this also amounts to a violation of the right to freedom from arbitrary arrest and detention set forth in Article 9(1) of the International Covenant on Civil and Political Rights (ICCPR). It is also evident that where a person is kept in detention in spite of a judicial order of release, this is also contrary to Article 9(1) of the Covenant. It is equally against the spirit of that article when a person is rearrested without due process after release from initial detention; following the grant of bail as it renders the bail granted Superfluous. The African Commission on Human Rights have also held that; “indefinite detention of persons can be interpreted as arbitrary as the detainee does not know the extent of his punishment, article 6 of the Charter had been violated in this case because the victims concerned were detained indefinitely after having protested against torture” (See. ACHPR Organization Contre La TOTURE & ORS Vs. Rwanda; Communications NOS. 27/28, 47/91 and 99/93, decision adopted during the 23rd ordinary session, October, 1996, para. 28. In the same vein, it constitutes arbitrary deprivation of liberty within the meaning of Article 6 of the African Charter to detain people without charges and without possibility of bail in a case against Nigeria, the victims had been held in these conditions for over three years following 33

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