constitutional rights project and another v nigeria communication 102 of 1993 1998 achpr 2 31 october 1998

constitutional rights project and another v nigeria communication 102 of 1993 1998 achpr 2 31 october 1998

The annulment of the 12 June 1993 election, which was adjudged free and fair by international observers, violated the right of Nigerians to participate in government under Article 13. The arbitrary detention of activists and journalists violated Article 6. The proscription and seizure of magazines violated Article 9. Ouster clauses and decrees removing court jurisdiction rendered domestic remedies unavailable, justifying admissibility.

Citation
constitutional rights project and another v nigeria communication 102 of 1993 1998 achpr 2 31 october 1998
Parties
Complainant: Constitutional Rights Project; Respondent: Nigeria
Court
ACHPR
Jurisdiction
Tanzania
Judgment Date
31 October 1998
Procedural Posture
Communication / Decision on Merits
Outcome
violations found
Legal Topics
Right to Participate in Government, Right to Liberty, Freedom of Expression, Arbitrary Detention, Freedom of the Press, Ouster Clauses, Annulment of Elections
Source Language
English
Human Rights Law Constitutional Law Right to Participate in Government Right to Liberty Freedom of Expression Arbitrary Detention Freedom of the Press Ouster Clauses +1 more

Case Brief

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Parties

Constitutional Rights Project

Complainant

Nigeria

Respondent

Procedural Posture

Communication / Decision on Merits

Legal Issues

  1. 1 Whether the annulment of the 12 June 1993 presidential election violated the right to participate in government under Article 13 of the African Charter
  2. 2 Whether the detention of activists and journalists violated the right to liberty under Article 6
  3. 3 Whether the proscription and seizure of magazines violated freedom of expression under Article 9

Ratio Decidendi

The annulment of the 12 June 1993 election, which was adjudged free and fair by international observers, violated the right of Nigerians to participate in government under Article 13. The arbitrary detention of activists and journalists violated Article 6. The proscription and seizure of magazines violated Article 9. Ouster clauses and decrees removing court jurisdiction rendered domestic remedies unavailable, justifying admissibility.

Court Disposition

violations found

Orders

  • Government of Nigeria to release all those detained for protesting the annulment of the elections.
  • Government of Nigeria to preserve the traditional functions of the court by not curtailing their jurisdiction.