aminu v nigeria communication 205 of 1997 2000 achpr 15 11 may 2000

aminu v nigeria communication 205 of 1997 2000 achpr 15 11 may 2000

The Commission found that the repeated arbitrary arrests, detentions without charge, and the inability to seek judicial redress due to ouster clauses violated Articles 3(2), 4, 6, and 10(1) of the African Charter. The government’s failure to respond led the Commission to accept the complainant’s facts as true.

Source-derived case information.

Citation
aminu v nigeria communication 205 of 1997 2000 achpr 15 11 may 2000
Parties
Complainant: Kazeem Aminu; Respondent: Federal Republic of Nigeria
Court
ACHPR
Jurisdiction
Tanzania
Judgment Date
11 May 2000
Procedural Posture
Human Rights Communication / Decision on Merits
Outcome
Violation found
Legal Topics
Arbitrary Arrest, Detention, Torture, Right to Life, Freedom of Association, Exhaustion of Local Remedies
Source Language
english
Human Rights Law International Law Arbitrary Arrest Detention Torture Right to Life Freedom of Association Exhaustion of Local Remedies

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Summary, issues, holding and outcome

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Parties

Kazeem Aminu

Complainant

Federal Republic of Nigeria

Respondent

Procedural Posture

Human Rights Communication / Decision on Merits

Legal Issues

  1. 1 Whether the arrest, detention, and treatment of Mr. Kazeem Aminu violated Articles 3(2), 4, 6, and 10(1) of the African Charter on Human and Peoples' Rights
  2. 2 Whether local remedies were exhausted or effective

Ratio Decidendi

The Commission found that the repeated arbitrary arrests, detentions without charge, and the inability to seek judicial redress due to ouster clauses violated Articles 3(2), 4, 6, and 10(1) of the African Charter. The government’s failure to respond led the Commission to accept the complainant’s facts as true.

Court Disposition

Violation found

Orders

  • The Federal Republic of Nigeria is found in violation of Articles 3(2), 4, 5, 6, and 10(1) of the African Charter.
  • The government of Nigeria is requested to take necessary measures to comply with its obligations under the Charter.