Centre For Advancement of Democracy and Another v Nigeria (Communication 273 of 2003)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The African Commission closed the file for lack of further interest by the complainant. The complainant filed a communication alleging arbitrary detention of a MASSOB member by Nigerian police without charges for over two years. Despite multiple requests for confirmation of an emailed withdrawal request, the complainant failed to respond to correspondence from the Secretariat. The Commission never reached the merits of the alleged Charter violations.

Outcome

Communication withdrawn and file closed without consideration of merits

Facts

In March 2003, an NGO filed a communication with the African Commission on behalf of Mr Abuoma Excellence Emmanuel, a member of MASSOB, alleging he was arrested by Nigerian Police in December 2000 during a raid in Imo State and detained for over two years without charge or bail. The Commission was seized of the matter in May 2003 and requested submissions on admissibility from both parties. Neither party responded. The Secretariat repeatedly attempted to contact the complainant using provided contact details, which proved invalid. In May 2004, the complainant sent an email requesting withdrawal of the complaint, but this came from a different person than the usual correspondent. The Commission requested written confirmation of withdrawal, but despite multiple follow-up letters through December 2004, no confirmation was received.

Issues

1. Whether the communication should be withdrawn following the complainant's email request for withdrawal.
2. Whether the file should be closed for lack of continued interest by the complainant.

Orders

• File closed for lack of further interest in the communication by the complainant.

Legislation cited (11)

• African Charter on Human and Peoples' Rights Article 2
• African Charter on Human and Peoples' Rights Article 3
• African Charter on Human and Peoples' Rights Article 4
• African Charter on Human and Peoples' Rights Article 5
• African Charter on Human and Peoples' Rights Article 6
• African Charter on Human and Peoples' Rights Article 7
• African Charter on Human and Peoples' Rights Article 8
• African Charter on Human and Peoples' Rights Article 10
• African Charter on Human and Peoples' Rights Article 20(1)
• African Charter on Human and Peoples' Rights Article 55
• African Charter on Human and Peoples' Rights Article 56

The original judgment as reported. Read the original PDF before relying on any passage.