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Constitutional Rights Project obo Akamu v Nigeria (Communication 60 of 1991) (Communication 60 of 1991)

African Commission on Human and Peoples' Rights · [1995] ACHPR 11 · 1995 Communication Upheld 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 fair trial rights under the African Charter arising from convictions by special tribunals with no right of appeal
Decision
Communication upheld; violations of the African Charter declared; recommendation made for release of complainants

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The African Commission held that Nigeria's Robbery and Firearms Decree, which established special tribunals with no right of judicial appeal and composed of military and police officers alongside judges, violated Article 7(1)(a), (c), and (d) of the African Charter. The prohibition on appeals in death penalty cases violated the right to appeal to competent national organs. The tribunal composition created an appearance of partiality, violating the right to an impartial tribunal. The Commission recommended the complainants be freed.

Outcome

Communication upheld; violations of the African Charter declared; recommendation made for release of complainants

Facts

Wahab Akamu and Gbolahan Adega were convicted and sentenced to death by Robbery and Firearms Tribunal 1, Lagos, in August 1991 under Nigeria's Robbery and Firearms (Special Provisions) Decree No. 5 of 1984. The Decree established special tribunals composed of one judge, one military officer, and one police officer. Section 11(4) of the Decree prohibited any judicial appeal from tribunal decisions, providing only for discretionary confirmation or disallowance by the State Governor. The complainants alleged they were tortured to extract confessions while in custody. The Constitutional Rights Project, a Nigerian NGO, brought the communication on their behalf to the African Commission.

Issues

  1. Whether the prohibition on judicial review and appeals from special tribunal decisions violates the right to appeal to competent national organs under Article 7(1)(a) of the African Charter.
  2. Whether special tribunals composed of military and police officers in addition to judges violate the right to trial by an impartial tribunal under Article 7(1)(d) of the African Charter.
  3. Whether local remedies requiring exhaustion exist where the only available remedy is discretionary gubernatorial confirmation with no judicial appeal.

Orders

  • Declared that there has been a violation of Article 7(1)(a), (c) and (d) of the African Charter.
  • Recommended that the Government of Nigeria should free the complainants.
  • Decided to bring the file to Nigeria for the planned mission to verify that the violations have been released.

Rules and key headnotes

Human Rights — Fair Trial Rights — Right of Appeal — Prohibition of Judicial Appeals in Capital Cases
A statutory provision that prohibits any judicial appeal from a tribunal decision in a criminal case carrying the death penalty violates Article 7(1)(a) of the African Charter, which guarantees the right to appeal to competent national organs against acts violating fundamental rights, and increases the risk that severe violations may go unredressed.
Human Rights — Fair Trial Rights — Impartial Tribunal — Composition of Special Tribunals
A special tribunal composed of one judge, one military officer, and one police officer lacks the appearance of impartiality required by Article 7(1)(d) of the African Charter, regardless of the character of individual members, because jurisdiction has been transferred from normal courts to a body chiefly composed of persons from the executive branch whose members do not necessarily possess legal expertise.
Human Rights — Exhaustion of Local Remedies — Discretionary Non-Judicial Remedies
A discretionary extraordinary remedy of a non-judicial nature, such as gubernatorial confirmation or disallowance of a tribunal conviction, is not a remedy that requires exhaustion under Article 56(5) of the African Charter because it does not operate impartially, has no obligation to decide according to legal principles, and is neither adequate nor effective.

Legislation cited (8)

  • African Charter on Human and Peoples' Rights Article 7(1)(a)
  • African Charter on Human and Peoples' Rights Article 7(1)(c)
  • African Charter on Human and Peoples' Rights Article 7(1)(d)
  • African Charter on Human and Peoples' Rights Article 4
  • African Charter on Human and Peoples' Rights Article 6
  • African Charter on Human and Peoples' Rights Article 56(5)
  • Robbery and Firearms (Special Provisions) Decree No. 5 of 1984 (Nigeria) s.8(1)
  • Robbery and Firearms (Special Provisions) Decree No. 5 of 1984 (Nigeria) s.11(4)

Full judgment

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Constitutional Rights Project obo Akamu v Nigeria (Communication 60 of 1991) (Communication 60 of 1991) [1995] ACHPR 11 (22 March 1995)
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.