33rd Ordinary Session: Commissioner Jainaba Johm
34th Ordinary Session: Commissioner Jainaba Johm
35th Ordinary Session: Commissioner Jainaba Johm
36th Ordinary Session: Commissioner Jainaba Johm
37th Ordinary Session: Commissioner Jainaba Johm
SUMMARY OF FACTS
1. On 17 March 2003, the Secretariat of the African Commission on Human and
Peoplesí Rights (the African Commission) received a communication from the
Centre for Advancement of Democracy, Social Justice, Conflict Resolution and
Human Welfare, an NGO based in Nigeria, relative to Article 55 of the
African Charter on Human and Peoplesí Rights (the African Charter).
2. The Centre for Advancement of Democracy, Social Justice, Conflict
Resolution and Human Welfare submitted the communication for and on behalf
of Mr. Abuoma Excellence Emmanuel, 30 years old and Member of the Movement
for the Actualisation of the Sovereign State of Biafra (MASSOB).
3. The communication was submitted against Nigeria (a State party17 to the
African Charter). The communication alleged that in December 2000, the
Nigerian Police Force (NPF) arrested Mr. Abuoma Excellence Emmanuel during a
raid at the MASSOS Headquarters at Okigwe, Imo-State, Nigeria.
4. The communication further alleged that since the arrest of Mr. Abuoma
Excellence Emmanuel (more than two years now), no charges had been brought
against him and attempts to have him released on bail had failed.
5. The Centre for Advancement of Democracy, Social Justice, Conflict
Resolution and Human Welfare contends that the above-described facts
constitute a violation by Nigeria of Articles 2, 3, 4, 5, 6, 7, 8, 10 and 20
(1) of the African Charter on Human and Peoplesí Rights and therefore, prays
that the African Commission addresses the violations.
(Nigeria ratified the African Charter on 22/06/1983).
6. By a letter referenced ACHPR/COMM/274/2003 and dated 17 April 2003, the
Secretariat of the African Commission acknowledged receipt of the
communication to the author (Centre for Advancement of Democracy, Social
Justice, Conflict Resolution and Human Welfare) and indicated that the
communication would be considered on seizure at the 33rd Ordinary Session of
the Commission scheduled for the 15th to 29th May 2003 in Niamey, Niger.
7. During its 33rd Session held from the 15th to 29th May 2003, in Niamey,
Niger, the African Commission considered the communication and decided to be
8. By a Note Verbale referenced ACHPR/COMM/273/2002 and dated 12 June 2003,
the Secretariat of the African Commission notified the republic of Nigeria
of the decision on seizure and requested it to furnish the Commission with
its arguments on the admissibility on the case within three months from the
date of notification for possible consideration during its 34th Ordinary
9. By a letter referenced ACHPR/COMM/273/2002 and dated 12 June 2003, the
Secretariat of the Commission also notified the Complainant of the decision
on seizure and requested for arguments on admissibility within three months
from the date of notification for possible consideration during its 34th
10. Both parties to the Communication neither responded to the notifications
nor submitted arguments on admissibility. During its 34th Ordinary Session
held in November 2004 in Banjul, the Gambia, the African Commission,
requested the Secretariat to give the parties more time to submit their
11. The Secretariat of the African Commission tried to contact the
Complainant by telephone and by fax for more information, but in vain, since
the contact details provided by the latter at the time of depositing the
communication, were invalid.
12. On the 2 December 2003, the Secretariat of the Commission sent by fax a
Note Verbale referenced (ACHPR/COMM 273/2002/RK) to the Respondent State
through its Embassy in Banjul, informing it that the African Commission
awaited its comments on the admissibility of the complaint, attaching a new
copy of the communication to the Note for ease of reference.
13. The Secretariat also sent a letter referenced ACHPR/COMM 273/2002 by
electronic mail and by post on the 3rd December 2003 reminding the
complainant to submit his arguments on admissibility. The Secretariat
further informed the Complainant of the difficulties encountered in
contacting him and requested information as to whether the victim was still
detained and about the conditions of his detention.
14. On 19 April 2004, the Secretariat of the Commission sent a letter to the
complainant again by post informing him that since it had not received any
information despite constant reminders, African Commission had decided to
postpone the case for consideration to its 36th Session. The letter further
pointed out that if by the end July 2004 it did not receive any information
enabling it to rule on the admissibility of the complaint it would be
compelled to strike the complaint from its register for lack of interest by
15. On 20 April 2004, a copy of the letter to the complainant was sent to
the Complainant through the Nigerian National Human Rights Commission, which,
some weeks later, informed the Secretariat of its inability to trace the
Complainant at the indicated address.
16. On 25 May 2004, the Secretariat of the African Commission received an
electronic message from the Complainant, through a one Mr. Gerald Abonyi,
informing the African Commission that the organization was withdrawing. its
Complaint. He specified that his organization would, from henceforth, stop
all correspondence on the subject.
17. At its 35th Ordinary Session, which was held in May/June 2004 in Banjul,
The Gambia, the African Commission realized that the request for withdrawal
of the Complaint came from the email address of the Complainant but not from
the usual correspondent in this case (Mr. Ekene Chukwu, Secretary General of
CADSJCRHW). The Commission requested the Secretariat to send him a note for
confirmation on whether the request for withdrawal was genuine.
18. On the 21/06/2004, the Secretariat sent a letter requesting
clarifications and confirmation of the request for withdrawal of the
Complaint from the CADSJCRHW. However, no response was received from the
19. During its 36th Ordinary Session held in Dakar, Senegal from 22 November
to 7 December 2004 the African Commission decided to give the complainant
one last chance to confirm withdrawal of his complaint.
20. The Secretariat vide a letter dated 23 December 2004 requested-the
complainant to confirm withdrawal of the complaint. However to date no
response to the request has been received by the Secretariat.
21. Article 56 of the African Charter on Human and Peoplesí Rights provides
that communications referred to in Article 55, in order for them to be
considered, must necessarily be sent to the African Commission after
exhaustion of local remedies if any, unless it is obvious that this
procedure is unduly prolonged.
22. It is worth noting in the case under study, that from the date the
Complaint was submitted to the Secretariat of the African Commission (17
March 2003) and in spite of several letters sent to request the Complainant
and the Respondent State to submit on admissibility, there were no responses.
23. The Complainant in May 2004 requested the withdrawal of the complaint
via email and again despite various efforts to get a written confirmation of
the withdrawal the same was not forthcoming to date.
24. Consequently, the African Commission decides to close the file for lack
of further interest in the communication by the complainant.
Adopted at the 37th Ordinary Session of the African Commission on Human and
Peoplesí Rights, held from 27th April to 11th May 2005 in Banjul, The