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Constitutional Rights Project v Nigeria (Communication 143 of 1995; Communication 150 of 1996)

African Commission on Human and Peoples' Rights · Constitutional Rights Project v Nigeria (Communication 143 of 1995; Communication 150 of 1996) [1999] ACHPR 7 (15 November 1999) · 1999 Communications Upheld AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Communications alleging violations of the African Charter on Human and Peoples' Rights arising from Nigerian decrees suspending habeas corpus and permitting detention without trial
Decision
Communications upheld; violations of the African Charter established; government requested to amend legislation

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The African Commission held that Nigerian decrees suspending habeas corpus for state security detainees and containing ouster clauses removing judicial review violate the African Charter. The suspension of habeas corpus, combined with widespread detention without trial in poor conditions and denial of access to lawyers and family, violates Articles 5, 6, 7(1)(a), (c) and (d), 18, and 26. Ouster clauses preventing courts from reviewing executive detention undermine judicial independence. The government was requested to bring its laws into conformity with the Charter.

Outcome

Communications upheld; violations of the African Charter established; government requested to amend legislation

Facts

The Nigerian government enacted Decree No. 2 of 1984 permitting detention without trial for renewable three-month periods for persons endangering state security. Decree No. 14 of 1994 amended this to prohibit courts from issuing writs of habeas corpus or any prerogative orders for persons detained under Decree No. 2. Both decrees contained ouster clauses removing judicial review. Several human rights activists and opposition politicians, including Abdul Oroh, Chima Ubani, Tunji Abajom, Frank Kokori, Fred Eno, Wale Osun, and Osagie Obayunwana, were detained without charge under these decrees. Detainees were held in poor conditions, sometimes underground and incommunicado, denied access to medical care, lawyers, and family, and allegedly subjected to torture. Chief Abiola was detained despite a Court of Appeal order granting bail. The government acknowledged the decrees remained on the statute books but stated they applied only during 1993-1995 political instability and would become superfluous with democratisation.

Issues

  1. Whether Nigerian decrees suspending the right to habeas corpus for persons detained under state security legislation violate Articles 6 and 7 of the African Charter.
  2. Whether ouster clauses removing matters from the jurisdiction of ordinary courts violate Articles 7 and 26 of the African Charter.
  3. Whether detention without charge or trial violates Articles 6 and 7 of the African Charter.
  4. Whether conditions of detention and denial of access to lawyers and family violate Articles 5, 7, and 18 of the African Charter.
  5. Whether failure to comply with a court order for release on bail violates Article 26 of the African Charter.

Orders

  • Communications declared admissible.
  • Violations of Articles 5, 6, 7(1)(a), (c) and (d), 18 and 26 of the African Charter found.
  • Government of Nigeria requested to bring its laws into conformity with the Charter.

Rules and key headnotes

Human Rights — Right to Liberty — Habeas Corpus — Suspension of Habeas Corpus as Violation of Charter
Suspension of the right to habeas corpus, where violations of the right to liberty are widespread, violates Article 6 of the African Charter on Human and Peoples' Rights, particularly in common law jurisdictions where habeas corpus is a fundamental mechanism for challenging arbitrary detention.
Human Rights — Detention Without Trial — Violation of Right to Liberty and Fair Hearing
Detention of individuals without charge or trial constitutes a clear violation of Articles 6 and 7(1)(a) and (d) of the African Charter, which guarantee the right to liberty and the right to have one's cause heard.
Human Rights — Conditions of Detention — Inhuman and Degrading Treatment
Where a government presents no defence or contrary evidence regarding conditions of detention, allegations that detainees are held in dirty, hidden cells, denied medical care, and subjected to torture will be accepted as establishing a violation of Article 5 of the African Charter prohibiting inhuman and degrading treatment.
Human Rights — Right to Defence — Denial of Access to Counsel
Preventing a detainee from accessing his lawyer violates Article 7(1)(c) of the African Charter, which provides for the right to defence including the right to be defended by counsel of one's choice.
Constitutional Law — Ouster Clauses — Violation of Judicial Independence
Ouster clauses that remove matters from the jurisdiction of ordinary courts violate Articles 7 and 26 of the African Charter by undermining the independence of the judiciary and denying individuals the right to have their cause heard.
Administrative Law — Judicial Review — State Security Justification
State security concerns do not justify extreme measures curtailing fundamental rights where such measures operate without judicial checks; the executive branch must remain subject to judicial review to protect human rights.
Human Rights — Scope of Rights Violations — Limited Application No Defence
To deny a fundamental right to a few persons is as much a violation of the African Charter as denying it to many; the limited application of a rights-violating provision does not guarantee its compatibility with the Charter.

Legislation cited (13)

  • 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(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 18
  • African Charter on Human and Peoples' Rights Article 26
  • African Charter on Human and Peoples' Rights Article 56.5
  • State Security (Detention of Persons) Decree No. 2 of 1984 (Nigeria)
  • State Security (Detention of Persons) Amended Decree No. 14 of 1994 (Nigeria)
  • Constitution of the Federal Republic of Nigeria Chapter IV
  • Constitution of the Federal Republic of Nigeria s.219
  • Constitution of the Federal Republic of Nigeria s.259

Cases cited (3)

  • ACHPR 129/94
  • communications 59/91, 60/91, 64/92, 68/92, 78/92, 87/93 and 101/93
  • communications 60/91, 87/93 and 129/94

Full judgment

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Constitutional Rights Project v Nigeria (Communication 143 of 1995; Communication 150 of 1996) [1999] ACHPR 7 (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.