njoku v egypt communication 40 of 1990 1997 achpr 5 11 november 1997

njoku v egypt communication 40 of 1990 1997 achpr 5 11 november 1997

The Commission found that the complainant had exhausted all local remedies and that the matter had not been settled by another international body. On the merits, the Commission determined that there was no violation of the African Charter on Human and Peoples' Rights by Egypt in the arrest, trial, or conviction of the complainant.

Citation
njoku v egypt communication 40 of 1990 1997 achpr 5 11 november 1997
Parties
Complainant: Bob Ngozi Njoku; Respondent: Egypt
Court
ACHPR
Jurisdiction
Tanzania
Judgment Date
11 November 1997
Procedural Posture
Communication Before African Commission on Human and Peoples' Rights / Decision on Merits After Admissibility
Outcome
Communication dismissed; no violation found
Legal Topics
Right to Fair Trial, Exhaustion of Local Remedies, Admissibility of Communications, Drug Trafficking, Due Process
Source Language
English
Human Rights Law Criminal Law Right to Fair Trial Exhaustion of Local Remedies Admissibility of Communications Drug Trafficking Due Process

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Bob Ngozi Njoku

Complainant

Egypt

Respondent

Procedural Posture

Communication Before African Commission on Human and Peoples' Rights / Decision on Merits After Admissibility

Legal Issues

  1. 1 Whether the complainant's rights under the African Charter on Human and Peoples' Rights were violated during arrest, trial, and conviction
  2. 2 Whether the communication is admissible under Article 56 of the African Charter

Ratio Decidendi

The Commission found that the complainant had exhausted all local remedies and that the matter had not been settled by another international body. On the merits, the Commission determined that there was no violation of the African Charter on Human and Peoples' Rights by Egypt in the arrest, trial, or conviction of the complainant.

Court Disposition

Communication dismissed; no violation found

Orders

  • Communication declared closed; no violation of the African Charter found
  • Commissioner mandated to pursue clemency for the complainant on humanitarian grounds