African Commission on Human and Peoples Rights - 1998

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3 judgments

Citation	Judgment date
October 1998
Constitutional Rights Project and Another v Nigeria (Communication 102 of 1993) [1998] ACHPR 2 (31 October 1998) The respondent’s annulment of elections, detentions and media bans violated political participation, liberty and expression rights. Elections – annulment of results – right to participate freely in government (Article 13) – peoples’ right to determine political status (Article 20) – arbitrary detention (Article 6) – freedom of expression and press seizure (Article 9) – ouster clauses and exhaustion of local remedies – ad hominem legislation and non‑discrimination (Articles 1 and 2).	31 October 1998
International Pen and Others v Nigeria (Communication 137 of 1994; Communication 139 of 1994; Communication 154 of 1996; Communication 161 of 1997) [1998] ACHPR 1 (31 October 1998) Nigeria’s execution of Ogoni leaders after a manifestly unfair trial violated rights to life, fair trial, and freedom of expression. Human rights – right to life – right to fair trial – special tribunals – arbitrary detention – torture and ill-treatment – freedom of association, expression and assembly – denial of medical care – state obligations under international law.	31 October 1998
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 October 1998) Decrees retroactively criminalizing publications and ousting judicial review violated the applicant’s expression, fair trial, property and detention rights. Freedom of expression – prior registration, excessive discretion and proscription of publications; retroactivity of penal provisions; ouster clauses and denial of judicial review; arbitrary arrest and denial of counsel; denial of medical care; property rights and seizure of media.	31 October 1998