media rights agenda and others v nigeria communication 105 of 1993 communication 128 of 1994 communication 130 of 1994 communication 152 of 1996 1998 achpr 3 31 o

media rights agenda and others v nigeria communication 105 of 1993 communication 128 of 1994 communication 130 of 1994 communication 152 of 1996 1998 achpr 3 31 o

The Commission found that the Nigerian government's decrees and actions, including arbitrary proscription and seizure of newspapers, ouster of judicial review, retroactive application of laws, arbitrary arrest and detention of journalists, and denial of access to legal counsel and medical care, constituted violations of Articles 6, 7.1(c), 7.2, 9.1, 9.2, 14, and 16 of the African Charter. The Commission held that the restrictions imposed were disproportionate, not justified by legitimate state interests, and undermined the rule of law and fundamental rights protected by the Charter.

Citation
media rights agenda and others v nigeria communication 105 of 1993 communication 128 of 1994 communication 130 of 1994 communication 152 of 1996 1998 achpr 3 31 o
Parties
Complainant: Media Rights Agenda; Complainant: Constitutional Rights Project; Respondent: Nigeria
Court
ACHPR
Jurisdiction
Tanzania
Judgment Date
1 January 1998
Procedural Posture
Human Rights Communication / Decision on Merits After Admissibility and Joinder of Communications
Outcome
Violation found
Legal Topics
Freedom of Expression, Right to Information, Due Process, Right to Property, Right to Liberty, Right to Health, Judicial Independence
Source Language
English
Human Rights Law Constitutional Law Media Law Freedom of Expression Right to Information Due Process Right to Property Right to Liberty +2 more

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Parties

Media Rights Agenda

Complainant

Constitutional Rights Project

Complainant

Nigeria

Respondent

Procedural Posture

Human Rights Communication / Decision on Merits After Admissibility and Joinder of Communications

Legal Issues

  1. 1 Whether Decree No. 43 and related decrees violate the right to freedom of expression under Article 9 of the African Charter
  2. 2 Whether the ouster of court jurisdiction violates the right to a fair hearing under Article 7
  3. 3 Whether the proscription and seizure of newspapers and magazines without due process violates property rights under Article 14

Ratio Decidendi

The Commission found that the Nigerian government's decrees and actions, including arbitrary proscription and seizure of newspapers, ouster of judicial review, retroactive application of laws, arbitrary arrest and detention of journalists, and denial of access to legal counsel and medical care, constituted violations of Articles 6, 7.1(c), 7.2, 9.1, 9.2, 14, and 16 of the African Charter. The Commission held that the restrictions imposed were disproportionate, not justified by legitimate state interests, and undermined the rule of law and fundamental rights protected by the Charter.

Court Disposition

Violation found

Orders

  • Government of Nigeria is requested to take necessary steps to bring its laws into conformity with the African Charter