African Human Rights CLA 2.0

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COMMUNITY COURT OF JUSTICE, No. 10 DAR ES SALAAM CRESCENT OFF AMINU KANO CRESCENT, WUSE II, ABUJA-NIGERIA. PMB 567 GARKI, ABUJA TEL: 234-9-78 22 801 Website: wwwcourtecowas.org ECOWAS COUR DE JUSTICE DE LA COMMUNAUTÉ, CEDEAO TRIBUNAL DE JUSTICA DA COMMUNIDADE, CEDEAO IN THE COMMUNITY COURT OF JUSTICE OF THE ECONOMIC COMMUNITY OF WEST AFRICAN STATES (ECOWAS) HOLDEN AT ABUJA, NIGERIA ON THE 14TH DAY OF JULY 2020 SUIT NO: ECW/CCJ/APP/27/18 JUGDEMENT NO: ECW/CCJ/JUD/18/20 BETWEEN HON. JUSTICE ALADETOYINBO -APPLICANT AND THE FEDERAL REPUBLIC OF NIGERIA - RESPONDEN COMPOSITION OF THE COURT Hon. Justice Edward Amoako Asante -Presiding Hon. Justice Dupe Atoki -Member/Judge Rapporteur Hon. Justice Keikura Bangura - Member ASSISTED BY: Tony Anene-Maidoh - Chief Registrar 1

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ECW/CCJ/JUD/18/20 Hon. Justice S. E. Aladetoyinbo v. Nigeria

ECOWAS Court

ECCJ App no.: ECW/CCJ/APP/27/18

ECCJ Jud No.: ECW/CCJ/JUD/18/20

Type of Document

Judgement

Keywords

Cruel and Degrading Treatment
Damages and Compensation
Functioning and Independence of the Judiciary
Land Rights
Provisional/interim measures
Right to Dignity
Right to Fair Trial
Right to Property
Torture and Ill Treatment

Country

Nigeria

Year Decided: Jul 14, 2020

African Charter Rights Alleged to be Violated

ACHPR 7: Right to Fair Trial
ACHPR 5: Cruel Inhuman and Degrading Treatment

African Charter Rights Not Violated

ACHPR 5: Cruel Inhuman and Degrading Treatment

Duration of Procedure: ~ Jul 14, 2020

Country Geolocation

Latitude: 9.081999

Longitude: 8.675277

Country Geolocation (linked Countries (Geolocation) ): Nigeria

Primary Documents

JUD-ECW-CCJ-JUD-18-20-Hon.-Justice-S.-E.-Aladetoyinbo-vs.-Nigeria.pdf
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African Charter on Human and Peoples' Rights (Banjul Charter)

Article 5Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of man particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited.

Treaty

Universal Declaration of Human Rights (UDHR)

Article 3 Everyone has the right to life, liberty and security of person.

UN Document

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 71.Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; (b) the right to be presumed innocent until proved guilty by a competent court or tribunal; (c) the right to defense, including the right to be defended by counsel of his choice; (d) the right to be tried within a reasonable time by an impartial court or tribunal. 2.No one may be condemned for an act or omission which did not constitute a legally punishable offence at the time it was committed. No penalty may be inflicted for an offence for which no provision was made at the time it was committed. Punishment is personal and can be imposed only on the offender.

Treaty

Universal Declaration of Human Rights (UDHR)

Article 3 Everyone has the right to life, liberty and security of person.

UN Document

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

International Covenant on Civil and Political Rights ICCPR

Article 7 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.

UN Document

Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)

Article 9:Substitution of Article 31 of the Protocol of the Court. The Protocol of the Community Court is amended by the substitution of Article 31 by following: “Article 31: Official languages”The Official languages of the Court shall be English, French, and Portuguese”.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

ECW/CCJ/JUD/07/15 Société AGRILAND v. Côte d’Ivoire

ECOWAS Court

ECW/CCJ/JUD/17/18 Khalifa Ababacar SALL & 5 Ors v. Sénégal

ECOWAS Court

ECW/CCJ/JUD/07/11 Ocean King NIG LTD v. Senegal

ECOWAS Court

ECW/CCJ/JUD/17/19 His Lordship Justice Paul Uuter Dery & 2 Ors v. Ghana

ECOWAS Court

ECW/CCJ/JUD/23/18 - Financial Investment & Development Corporation (FIDC) v Liberia

ECOWAS Court

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

ECW/CCJ/JUD/06/19 Rev. Fr. Solomon Mfa & 11 Ors v. Nigeria & 5 Ors

ECOWAS Court

Universal Declaration of Human Rights (UDHR)

Article 5 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

UN Document

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

Article 1 1. For the purposes of this Convention, the term "torture" means any actby which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions. 2. This article is without prejudice to any international instrument or national legislation which does or may contain provisions of wider application.

UN Document

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

ECW/CCJ/JUD/01/14 Private Alimu Akeem v. Nigeria

ECOWAS Court

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

UN Document

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 1The Member States of the Organization of African Unity parties to the present Charter shall recognize the rights, duties and freedoms enshrined in this Chapter and shall undertake to adopt legislative or other measures to give effect to them.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

International Covenant on Civil and Political Rights ICCPR

UN Document

International Covenant on Civil and Political Rights ICCPR

Article 10 1. All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.

UN Document

Universal Declaration of Human Rights (UDHR)

Article 5 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

UN Document

ECW/CCJ/JUD/18/19 Alhousseine Camara v. Guinea

ECOWAS Court

288/04 Gabriel Shumba v Zimbabwe

ACmHPR Decision

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

ECW/CCJ/JUD/11/15 Mohammed El Tayyib Bah v Sierra Leone

ECOWAS Court

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

313/05 - Kenneth Good v Republic of Botswana

ACmHPR Decision

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

ECW/CCJ/JUD/02/18 Festus A.O. Ogwuche ESQ v. Nigeria

ECOWAS Court

ECW/CCJ/JUD/04/20 The Reg. Trustees of Jama'a Foundation & 5 Ors v. Nigeria & The Attorney General and Minister of Justice of The Federation

ECOWAS Court

ECW/CCJ/JUD/03/13 Simone Ehivet & Michel Gbagbo v. Cote d'Ivoire

ECOWAS Court

ECW/CCJ/JUD/01/04 Afolabi Oladjide v. Nigeria

ECOWAS Court

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)

Article 6 States Parties shall assure to everyone within their jurisdiction effective protection and remedies, through the competent national tribunals and other State institutions, against any acts of racial discrimination which violate his human rights and fundamental freedoms contrary to this Convention, as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result of such discrimination.

UN Document

International Covenant on Civil and Political Rights ICCPR

3. Each State Party to the present Covenant undertakes:

UN Document

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

Article 14 1. Each State Party shall ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible. In the event of the death of the victim as a result of an act of torture, his dependants shall be entitled to compensation. 2. Nothing in this article shall affect any right of the victim or other persons to compensation which may exist under national law.

UN Document

Universal Declaration of Human Rights (UDHR)

Article 3 Everyone has the right to life, liberty and security of person.

UN Document

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

International Covenant on Civil and Political Rights ICCPR

UN Document

74/92 Commission Nationale des Droits de l'Homme et des libertés v Chad

ACmHPR Decision

Treaties and softlaw only36
- Treaty22
- UN Document14
International cases/decisions16
- ECOWAS Court13
- ACmHPR Decision3

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