Wakilii

Chief Essien Akpabio and Lady Apostle Helen Akpabio v Republic of Nigeria (Communication 418-12)

African Commission on Human and Peoples' Rights · [2022] ACHPR 22 · 2022 Communication Struck Out 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 human rights violations
Decision
Communication struck out for failure to prosecute

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The African Commission struck out the communication for failure to prosecute. Despite being granted time and multiple reminders from the Secretariat, the complainants failed to submit observations and evidence on admissibility within the prescribed period, showed no inclination to cooperate, and did not request any extension of time.

Outcome

Communication struck out for failure to prosecute

Facts

The complainants alleged that in March 2012, three Akpabio brothers were invited to a meeting regarding dam construction in their village in Akwa Ibom State, Nigeria. During the meeting, an armed security guard arrived, handcuffed the brothers, shot young leaders present, then took the brothers to their parents' house where two were executed in the banana plantation. A third brother and four other boys were also executed and dumped on a roadside. The complainants alleged the executions were motivated by the fact that the father owned 80% of the land where a dam was to be built and federal government compensation of N500,000,000 had been approved. The complaint was submitted to the Commission on 16 July 2012 alleging violations of multiple articles of the African Charter.

Issues

  1. Whether the communication should be struck out for failure of the complainants to submit observations and evidence on admissibility within the prescribed time limit.

Orders

  • Communication struck out.

Rules and key headnotes

Administrative Law — Procedural Requirements — Failure to Comply with Time Limits
Where a complainant fails to submit observations and evidence on admissibility within the prescribed time limit, does not request an extension despite being alerted by the Secretariat, and shows no inclination to cooperate in concluding the procedure, the Commission may strike out the communication for failure to prosecute.

Cases cited (4)

  • Mohammed Ramadan Mahmoud Fayad Allah v Arab Republic of Egypt (Communication 594/15)
  • Ahmed Mohammed Ali Subaie v Arab Republic of Egypt (Communication 612/16)
  • Journal Echos du Nord v Republic of Gabon (Communication 412/12)
  • Kafi Yamagnane v Togo (Communication 387/10)

Full judgment

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

Chief Essien Akpabio and Lady Apostle Helen Akpabio v Republic of Nigeria (Communication 418-12) [2022] ACHPR 22 (9 November 2022)
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.