decision in Abacha v Fawehinmi, in which the Nigerian Supreme Court held that the African Charter cannot be superior to the Constitution and upheld. Download Citation on ResearchGate | GANI FAWEHINMI V. GENERAL SANI ABACHA AND OTHERS: JUDICIAL ACTIVISM OR. General Sanni Abacha v. Chief Gani Fawehinmi, Supreme Court, 28 April General Sanni Abacha, Attorney-General of the Federation, State Security .

Author: Yora Zolorr
Country: Burma
Language: English (Spanish)
Genre: Medical
Published (Last): 8 December 2007
Pages: 445
PDF File Size: 7.16 Mb
ePub File Size: 11.47 Mb
ISBN: 474-8-92255-944-8
Downloads: 1444
Price: Free* [*Free Regsitration Required]
Uploader: Fesho

In the second place. Whether the 1st Respondent, as Head of State of Nigeria is immune from civil or criminal actions in all cases. I am now left with Issues I.

Nigeria cannot legislate by ouster clause to derogate from the operation of the African Charter under Cap. By virtue of the preamble to Decree No. Art 23 and between citizens and member states e.

The notice of preliminary objection filed by the appellants to the respondent’s application for the enforcement of his rights did not say that the respondent was detained pursuant to any detention order. I J of That the Decrees of the Federal Military Government cannot oust A the jurisdiction of the court when called to do so in relation to matters pertaining to Human Rights under the African Charter.

But this is without prejudice to any remedies available against the recalcitrant slate in international law at the instance of the other states parties to the treaty. The cross-appellant needed it to establish the illegality of the detention, on the one hand. S Dissenting on the Cross-Appeal: II of any obligation in the authority issuing detention orders to disclose reasons in the way and manner he exercises his subjective discretion. Concluding, he submits that the same procedure provided for enforcement of fundamental rights under Chapter IV of the Constitution and could be adopted for the enforcement of rights guaranteed under the African Charter, and relies on Ogugu v.


Today, the courts make less fuss about complaints based solely on adjectival law that tend only to impede the attainment of justice. Thus the classic example of privacy of contract under municipal law. Are they at par or are some superior to others?

Abacha v. Fawehinmi- Between Monism and | Gbadebo A Olagunju –

The elevation of the African Charter to a “higher pedestal” and the denial of the continued validity or authority of Labiyi case by the lower court is totally absurd, untenable and unwanted.

Whether it is permissible for Nigeria which company to and have adopted that African Charter on Human and Peoples’ Rights to. While the Decrees of the Federal Military Government may override other municipal laws.

I have closely examined the cross-respondents’ contention in relation to the second ground of objection.


In the alternative Chief Gani Fawehinmi H applied ffawehinmi. Besides, before the Fundamental Rights Enforcement Procedure Rules were prepared complaints of abuse of fundamental rights under the Constitution were appropriately dealt with, and were not allowed to be defeated by technical submissions of absence of formal procedural rules.

It would appear that this amendment overlooked Decree No.

That the learned trial Judge was right in declining jurisdiction in that the procedure followed in initiating the suit was improper. But a State is always at liberty if it deems desirable due to domestic circumstances or international considerations to legislate a law inconsistent with its treaty obligations.

Case Abacha v. Fawehinmi

The Defence General Regulations,Regulation 18b, para. In my view this court cannot take judicial notice of such order under Section 73 I a and b of the Evidence Act. Suite supra is a good authority that the African Charter, having been duly incorporated into our municipal laws, it would follow that the procedural provisions set out in the Fundamental Rights Enforcement Procedure Rules under Chapter 4 of the Constitution for enforcing fundamental rights enshrined in the Constitution, are applicable, by extension, to the provisions of the African Charter.


I unhesitatingly dismiss their appeal for THC same reasons, issue 3 of the cross-appeal is resolved in favor of the respondent as cross-appellant. Attempts by courts to order the release of such detainees on application by habeas corpus is even ousted. See page 4 of the cross-appellalll’s hriel “. Thus, ordinarily, a treaty binds only states parties to it just as a contract binds only individuals who are parties thereto.

Therefore, counsel finally submits that the insertion of the office of Inspector-General of Police is totally independent of the offices of the Chief of General Staff or even that of the Vice-President as the case may be. See page – of the record. The assumption of voluntary surrender of state’s sovereignty by a state party to a treaty, within limits, is well-recognized in international law. In this connection, I ought to observe that while it is a principal rule of pleading that a party must plead material facts only and not law, yet every party is permitted by his pleading to raise a point of law.

Adegbrouwa, learned counsel for the respondent. I think such jurisdiction exists. That notwithstanding the fact that Cap.