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Centre for Free Speech v Nigeria (Communication 206 of 1997)

African Commission on Human and Peoples' Rights · [1999] ACHPR 4 · 1999 Petition Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Communication to the African Commission on Human and Peoples' Rights alleging violations of the African Charter arising from the arrest, detention, trial and conviction of four Nigerian journalists by a Special Military Tribunal
Decision
Commission found violations and urged Nigeria to release the four journalists

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The African Commission found that Nigeria violated Articles 6, 7(1)(a) and (c), and 26 of the African Charter by arresting, detaining, and trying four journalists before a Special Military Tribunal presided over by a serving military officer. The journalists were tried in secret, denied access to counsel of their choice, and denied the right to appeal due to decrees ousting the jurisdiction of regular courts. The Commission urged Nigeria to release the four journalists.

Outcome

Commission found violations and urged Nigeria to release the four journalists

Facts

Four Nigerian journalists—Mr. George Mba, Mr. Kunle Ajibade, Mr. Ben Charles Obi, and Mrs. Chris Anyanwu—were arrested, detained, and tried by a Special Military Tribunal presided over by Patrick Aziza for reporting stories on an alleged 1995 coup attempt in their respective newspapers and magazines. The journalists were tried in secret and denied access to counsel of their choice. They were convicted and sentenced to various terms of imprisonment. The convicted journalists could not appeal their sentences because military decrees ousted the jurisdiction of regular courts from hearing appeals on cases decided by Military Tribunals. The government of Nigeria did not respond to the Commission's requests for information.

Issues

  1. Whether the arrest, detention, trial and conviction of the four journalists violated their right to liberty and security of person under Article 6 of the African Charter.
  2. Whether the trial of the journalists by a Special Military Tribunal in secret, without access to counsel of their choice, and without right of appeal violated Article 7 of the African Charter and Principle 5 of the UN Basic Principles on the Independence of the Judiciary.
  3. Whether the composition and conduct of the Special Military Tribunal violated the duty to guarantee the independence of the courts under Article 26 of the African Charter.

Orders

  • The Commission concludes that violations of Articles 6, 7(1)(a) and (c), and 26 of the African Charter occurred.
  • The Commission urges the government of Nigeria to order the release of the four journalists.

Rules and key headnotes

Human Rights — Right to Liberty — Arbitrary Arrest and Detention — African Charter Article 6
The arrest and detention of individuals without lawful basis violates the right to liberty and security of person guaranteed under Article 6 of the African Charter, which prohibits arbitrary arrest or detention.
Human Rights — Fair Trial Rights — Right to Appeal — Ouster of Jurisdiction
Where military decrees oust the jurisdiction of regular courts from hearing appeals on cases decided by military tribunals, local remedies are non-existent or ineffective for purposes of Article 56(5) of the African Charter.
Human Rights — Fair Trial Rights — Right to Counsel — Access to Legal Representation
The denial of an accused person's right to communicate in confidence with counsel of their choice and to be defended by counsel of their choice violates Article 7(1)(c) of the African Charter.
Human Rights — Fair Trial Rights — Special Military Tribunals — Independence of the Judiciary
The trial and conviction of civilians by a Special Military Tribunal presided over by a serving military officer who is also a member of the body empowered to confirm the sentence does not afford the full guarantees of fair hearing required by Article 7 of the African Charter and violates the duty to guarantee the independence of the courts under Article 26.
Human Rights — Procedure Before the Commission — Uncontested Allegations — Burden of Proof
Where allegations of human rights violations go uncontested by the government concerned, particularly after repeated notifications or requests for information, the Commission must decide on the facts provided by the complainant and treat those facts as given.

Legislation cited (7)

  • 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 24
  • African Charter on Human and Peoples' Rights Article 26
  • African Charter on Human and Peoples' Rights Article 55
  • African Charter on Human and Peoples' Rights Article 56
  • Treason and Treasonable Offences (Special Military Tribunal) Decree

Cases cited (5)

  • communication 60/91
  • communication 87/93
  • communication 101/92
  • communication 129/94
  • communications Nos. 59/91, 60/91, 64/91, 87/93 and 101/93

Full judgment

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

Centre for Free Speech v Nigeria (Communication 206 of 1997) [1999] ACHPR 4 (15 November 1999)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.