constitutional rights project v nigeria communication 143 of 1995 communication 150 of 1996 1999 achpr 7 15 november 1999
The suspension of habeas corpus and ouster clauses violate Articles 5, 6, 7(1)(a), (c), (d), 18, and 26 of the African Charter by denying fundamental rights, permitting inhuman treatment, and undermining judicial independence.
- Citation
- constitutional rights project v nigeria communication 143 of 1995 communication 150 of 1996 1999 achpr 7 15 november 1999
- Parties
- Applicant: Constitutional Rights Project; Respondent: Nigeria
- Court
- ACHPR
- Jurisdiction
- Tanzania
- Judgment Date
- 15 November 1999
- Procedural Posture
- Communication / Decision on Merits
- Outcome
- Violation found
- Legal Topics
- Habeas Corpus, Arbitrary Detention, Inhuman Treatment, Judicial Independence
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Constitutional Rights Project
Applicant
Nigeria
Respondent
Procedural Posture
Communication / Decision on Merits
Legal Issues
- 1 Whether the suspension of habeas corpus violates the African Charter
- 2 Whether detention conditions constitute inhuman and degrading treatment
- 3 Whether ouster clauses violate the right to have one's cause heard and judicial independence
Ratio Decidendi
The suspension of habeas corpus and ouster clauses violate Articles 5, 6, 7(1)(a), (c), (d), 18, and 26 of the African Charter by denying fundamental rights, permitting inhuman treatment, and undermining judicial independence.
Court Disposition
Violation found
Orders
- Government of Nigeria to bring its laws in line with the African Charter
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment