constitutional rights project v nigeria communication 140 of 1994 communication 141 of 1994 communication 145 of 1995 1999 achpr 6 15 november 1999

constitutional rights project v nigeria communication 140 of 1994 communication 141 of 1994 communication 145 of 1995 1999 achpr 6 15 november 1999

The Commission found that the Nigerian government's proscription of newspapers, sealing of premises, arbitrary detention of activists and journalists, and nullification of court cases by decree constituted violations of Articles 5, 6, 7(1)(a), 9(1) and (2), and 14 of the African Charter. The ouster clauses rendered domestic remedies ineffective, and the government failed to justify the restrictions as necessary or proportionate under Article 27(2).

Citation
constitutional rights project v nigeria communication 140 of 1994 communication 141 of 1994 communication 145 of 1995 1999 achpr 6 15 november 1999
Parties
Applicant: Constitutional Rights Project; Respondent: Nigeria
Court
ACHPR
Jurisdiction
Tanzania
Judgment Date
15 November 1999
Procedural Posture
Human Rights Communication / Merits Decision After Admissibility
Outcome
Violation of African Charter found
Legal Topics
Freedom of Expression, Right to Property, Right to Liberty, Right to Dignity, Right to Fair Trial, Arbitrary Detention
Source Language
English
Human Rights Law Constitutional Law Freedom of Expression Right to Property Right to Liberty Right to Dignity Right to Fair Trial Arbitrary Detention

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Parties

Constitutional Rights Project

Applicant

Nigeria

Respondent

Procedural Posture

Human Rights Communication / Merits Decision After Admissibility

Legal Issues

  1. 1 Whether the proscription of newspapers and sealing of premises violated the right to freedom of expression under Article 9 of the African Charter
  2. 2 Whether the ouster clauses and nullification of court cases violated the right to fair trial under Article 7(1)(a)
  3. 3 Whether the detention of activists and journalists without charge violated the right to liberty under Article 6

Ratio Decidendi

The Commission found that the Nigerian government's proscription of newspapers, sealing of premises, arbitrary detention of activists and journalists, and nullification of court cases by decree constituted violations of Articles 5, 6, 7(1)(a), 9(1) and (2), and 14 of the African Charter. The ouster clauses rendered domestic remedies ineffective, and the government failed to justify the restrictions as necessary or proportionate under Article 27(2).

Court Disposition

Violation of African Charter found

Orders

  • Government of Nigeria is invited to take all necessary steps to comply with its obligations under the Charter.