legal defence and assistance project v federal republic of nigeria communication 42512 2014 achpr 7 29 july 2014

legal defence and assistance project v federal republic of nigeria communication 42512 2014 achpr 7 29 july 2014

The Commission found that local remedies for the victim were non-existent or unduly prolonged due to constitutional provisions excluding persons suspected of capital offences from statutory trial timelines, and the ineffectiveness and delay of domestic legal proceedings. Therefore, the requirement to exhaust local remedies was dispensed with, and the communication was declared admissible.

Citation
legal defence and assistance project v federal republic of nigeria communication 42512 2014 achpr 7 29 july 2014
Parties
Complainant: Legal Defence and Assistance Project; Victim: Mr. Abiodun Subaru; Respondent State: Federal Republic of Nigeria
Court
ACHPR
Jurisdiction
Tanzania
Judgment Date
29 July 2014
Procedural Posture
Communication Before the African Commission on Human and Peoples’ Rights / Admissibility Ruling
Outcome
Communication declared admissible; matter adjourned for submissions on the merits.
Legal Topics
Arbitrary Detention, Torture, Right to Fair Trial, Exhaustion of Local Remedies, Supremacy of Constitution, Admissibility of Communications
Source Language
English
Human Rights Law Constitutional Law Criminal Law Arbitrary Detention Torture Right to Fair Trial Exhaustion of Local Remedies Supremacy of Constitution +1 more

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Parties

Legal Defence and Assistance Project

Complainant

Mr. Abiodun Subaru

Victim

Federal Republic of Nigeria

Respondent State

Procedural Posture

Communication Before the African Commission on Human and Peoples’ Rights / Admissibility Ruling

Legal Issues

  1. 1 Whether the complaint meets the admissibility requirements under Article 56 of the African Charter
  2. 2 Whether local remedies are available, effective, and sufficient for persons detained on suspicion of capital offences in Nigeria
  3. 3 Whether the delay in legal proceedings and lack of legal advice constitutes undue prolongation

Ratio Decidendi

The Commission found that local remedies for the victim were non-existent or unduly prolonged due to constitutional provisions excluding persons suspected of capital offences from statutory trial timelines, and the ineffectiveness and delay of domestic legal proceedings. Therefore, the requirement to exhaust local remedies was dispensed with, and the communication was declared admissible.

Court Disposition

Communication declared admissible; matter adjourned for submissions on the merits.

Orders

  • The Communication is declared admissible in accordance with Article 56 of the African Charter.
  • Consideration of the Communication is adjourned for parties to make submissions on the merits.