National Implementation of IHL
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General Sanni Abacha v. Chief Gani Fawehinmi, Supreme Court, 28 April 2000
General Sanni Abacha, Attorney-General of the Federation, State Security Service, Inspector-General of Police (Appellants) And Chief Gani Fawehinmi (Respondent), Judgement of the Court Delivered by Michael Ekundayo Ogundare. J.S.C

Supreme Court
(last accessed on 29.08.2013)

On 28 April 2000, Nigerian Supreme Court ruled on the application of the African Charter on Human Rights (ACHPR) at the domestic legal system. The case is related to a detention of a human rights activist who was held incommunicado. His claim was about the violation of Articles 4, 5, 6 and 12 of the ACHPR. The Supreme Court went on to find that, since the ACHPR was an instrument for protecting human rights, its provisions could be referred to before Nigerian courts. To affirm its case the Court relied directly on the articles of the Charter which provide that persons whose rights have been violated are entitled to legal remedy to have their rights recognized. The Supreme Court held further that the fact that no specific remedy was provided in legislation did not prevent citizens from availing themselves of rights established in the Charter.

Related laws and/or case-law: Constitution, 1999

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