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Civil Liberties Organization v Nigeria (Communication 67 of 1991) [1995] ACHPR 5 (22 March 1995)
- Citation
- [1995] ACHPR 5
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- African Commission on Human and Peoples Rights
- Posture
- Communication / Final Decision
- Case number
- Communication 67 of 1991
- Language
- English
More details
- Court
- African Commission on Human and Peoples Rights
- Posture
- Communication / Final Decision
- Case number
- Communication 67 of 1991
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The African Commission on Human and Peoples' Rights determined that, based on information received from the Government of Nigeria and independent sources, the dispute regarding alleged wrongful detention was being amicably resolved. In accordance with Article 50 of the African Charter, which encourages amicable settlement of disputes, the Commission found no further need to proceed with the communication and closed the file.
Court disposition
file closed due to amicable resolution
Orders
- The file is closed as the matter was amicably resolved in accordance with Article 50 of the Charter.
02
Material facts
Parties
Civil Liberties Organization
ApplicantGovernment of Nigeria
Respondent03
Procedural history
Posture
Communication / Final Decision
04
Questions and positions
Legal issues
- 01
Whether the alleged wrongful detention by the Government of Nigeria constituted a violation of the African Charter on Human and Peoples' Rights.
- 02
Whether the matter had been resolved amicably, warranting closure of the file.
Party arguments
- Applicant
- The applicant alleged that the Government of Nigeria engaged in wrongful detention, violating rights protected under the African Charter on Human and Peoples' Rights.
- Respondent
- The respondent communicated, through official correspondence, that the matter was being amicably resolved, and provided information to that effect.
05
Court’s reasoning
Legal principles
- 01
Article 50 of the African Charter on Human and Peoples' Rights
The Commission may close a file if the matter is amicably resolved between the parties.
06
Ratio, limits and disposition
Ratio decidendi
The African Commission on Human and Peoples' Rights determined that, based on information received from the Government of Nigeria and independent sources, the dispute regarding alleged wrongful detention was being amicably resolved. In accordance with Article 50 of the African Charter, which encourages amicable settlement of disputes, the Commission found no further need to proceed with the communication and closed the file.
Court disposition
file closed due to amicable resolution
- The file is closed as the matter was amicably resolved in accordance with Article 50 of the Charter.
Source and reliance status
African Commission on Human and Peoples Rights
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
African Commission on Human and Peoples Rights
Judgment
Undated Communication No. 67/91
AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS
CIVIL LIBERTIES ORGANIZATION v. NIGERIA
DECISION
Citation: Civil Liberties Org. v Nig., Comm. 67/91, 7th ACHPR AAR Annex IX (19931994) Publications: IHRDA, Compilation of Decisions on Communications of the African Commission On Human and Peoples' Rights Extracted from the Commission's Activity Reports 1994-2001, at 193 (2002); Documents of the African Commission on Human and Peoples' Rights, at 346 (Malcolm D. Evans & Rachel Murray eds., 2001); (2000) AHRLR 179 (ACHPR 1994)
COMMUNICATION ON ALLEGED WRONGFUL DETENTION DATED 25 FEBRUARY 1992.
FINAL DECISION
[1] The Commission obtains information by letter Co. 128/T/24 dated 19 May 1992 from the Government of Nigeria and other independent sources that the affair was being amicably resolved and therefore closes the file. (Article 50 of the Charter.)
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