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29 Jul 2014

Constitutional Law [2014] ACHPR 7

Legal Defence and Assistance Project v Federal Republic of Nigeria (Communication 425/12)

Legal Defence and Assistance Project v Federal Republic of Nigeria (Communication 425/12) [2014] ACHPR 7 (29 July 2014)

Court: African Commission on Human and Peoples Rights
Case number: Communication 425/12

The Commission found that the combined effect of sections 35(4) and 35(7) of the Nigerian Constitution excludes persons detained on suspicion of capital offences from the right to be brought before a court within a reasonable time or to be released, rendering local remedies unavailable for such detainees. The Commission accepted the applicant's evidence that the victim had been detained for over three years without trial or legal advice, and that attempts to seek judicial remedies were unduly prolonged and ineffective. The Commission held that, in accordance with its jurisprudence, the exhaus…

Source excerpt

Pre Trial Detention
Exhaustion Of Local Remedies
Torture And Inhuman Treatment
Supremacy Of Constitution
Right To Fair Trial

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21 Oct 1980

Constitutional Law [1980] UGCA 2

Kayiira v Rugumayo

Kayiira v Rugumayo (Constitutional Case 1 of 1979) [1980] UGCA 2 (21 October 1980)

Court: Court of Appeal of Uganda
Case number: Constitutional Case 1 of 1979
Judge: Wambuzi, CJ, Lubogo, JA, Manyindo, J, Asthana, J.A., Benjamin Odoki, J

The Court held that the 1967 Constitution, as modified by Legal Notice No. 1 of 1979 and the Constitution (Modification) Decree No. 5 of 1971, is the supreme law of Uganda. The UNLF Constitution and Moshi Unity Conference Minutes are political documents and do not form part of the municipal law. Ministerial appointments are vested solely in the President, with no requirement for NCC ratification or approval. The NCC, when acting as a legislature, has no power to remove the President from office; its legislative role is confined to law-making. The removal of Prof. Lule was a political act cond…