decision in Abacha v Fawehinmi, in which the Nigerian Supreme Court held that the African Charter cannot be superior to the Constitution and upheld. Download Citation on ResearchGate | GANI FAWEHINMI V. GENERAL SANI ABACHA AND OTHERS: JUDICIAL ACTIVISM OR. General Sanni Abacha v. Chief Gani Fawehinmi, Supreme Court, 28 April General Sanni Abacha, Attorney-General of the Federation, State Security .

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Whether the Court of Appeal having concurred with the decision of the trial Federal High Court declining jurisdiction to entertain the respondent’s application for the enforcement of rights guaranteed under the African Charter b Human and Peoples’ Rights Cap 1O, Laws of the Federation of Nigeria because of the procedure adopted thereof.

A short background of the cross-appellant is relevant.

General Sanni Abacha & Ors V Chief Gani Fawehinmi

I remit the case back to the trial court to consider the issue of the consequences of the detention for the four days of the appellant which is apparently not covered by the order. The learned trial judge held that the Inspector-General abzcha Police was empowered to issue the order with which the cross-appellant was detained and that such detention order having been made by the appropriate authority under the Decree, could not be legally questioned.

African Charter with a greater vigor and strength than mere decree for it has been elevated to a higher pedestal. Whether the respondent as Head of State of Nigeria is immune from civil or criminal actions in all cases.

Case Abacha v. Fawehinmi

It is interesting to note that the rights and obligations contained in the Charter are not new to Nigeria as most of these rights and obligations are already enshrined in our Constitution. Turning to the cross-appeal it is my respectful view that the Vawehinmi Administration by enacting Decree No. A uetention order, at best, is a public document. Both parties are aggrieved by the decision of the court below and have appealed to this court. To fadehinmi the issuing authority unbridled powers, if he is satisfied, and thereby keep the persons detained behind the bars in perpetuity without question is to lay a monstrous foundation in which no society can thrive.

Cap] fawdhinmi LFNa close study of that Act does not demonstrate, directly or indirectly, that it had been “elevated to a higher pedestal” in relation to other municipal legislations.

Abacha v. Fawehinmi- Between Monism and | Gbadebo A Olagunju –

abcaha Counsel refers to the English case of Liversidge v. Under the Military Regimes, the powers are invariably eroded. Starke, introduction to international Law, 9th Ed, pp.


The cross-appellant needed it to establish the illegality of the detention, on the one hand. I am enjoined by the positive enactment in Section n I ab of the Evidence Act to take judicial notice of them and by the provision of Section I of the suspended part of the constitution to enforce if’.

Be that as it may, it is common ground that Nigeria, by legislation – Cap 10 of Laws of the Federation of Nigeria the African Charter on Human and Peoples Rights hereinafter referred to as “African Chapter” has fawehinmu given effect to under the Nigerian Law by reproducing the African Charter unedited in the schedule to the municipal law i.

Judgement of the Court. Argument was canvassed at faweninmi on this by the appellant’s counsel. Accordingly, in the action for false imprisonment, the court cannot compel the Secretary of State to furnish particulars of the grounds on which he had reasonable cause to believe the plaintiff to vawehinmi a person of hostile associations or that by reason of such hostile associations it was necessary to exercise control over him.

First we turn to the main appeal.

Whether the Court of Appeal was right to have held that the procedure adopted by the trial court in taking judicial notice or the detention was proper. It is also a well-known rule of construction that where a statute in its ordinary meaning and grammatical construction some clear absurdity would result, some faweninmi would be fawebinmi by the court to avoid the absurdity by modifying the structure of the sentence or the meaning abachw the words.

Evans I 9 10 AC at and Thompson v. The cross-appellant at the time this action was filed had had over 31 years of experience as a legal practitioner. I No suit or other legal abachq shall lie against any person for anything done or intended to be done in pursuance of this Act. Baird supra faweuinmi Sobhuza v. By virtue of the preamble to Decree No.

Whether the Court of Appeal was right in remitting the case back. It is common place, that no Government will be allowed to contract out by local legislation, its international obligations. The assumption of voluntary surrender of state’s sovereignty by a state party to a treaty, within limits, is well-recognized in international law. He calls in aid Madike v. This much, the cross-appellant’s counsel readily concedes in his brief of argument. There was no counter-affidavit impugning the faults deposed to above.

The Times of December 23, where it was held that. LQ 90 at p. Qbacha therefore I abachz with my learned brother Achike JSC that the detention of the respondent, other than for the first four Jays not covered by Detention Order in question could not 9k challenged in any court of law. There is therefore no basis whatsoever for the lower court not to have followed the decision in Labiyi case.


Learned counsel for the appellants, Mr. Although, a later statute may suspend or repeal an earlier one either expressly or by implication, suspension or repeal by implication is not, as a general rule, favored by the courts in the absence of clear words to that effect. That the learned trial judge was right in coming to the conclusion that the Inspector-General of Police is empowered to issue a detention Order under the provisions of Decree No.

The problem, such as the one raised in this appeal. At the oral hearing, Mr. This submission found favour with the court below. Leave having been granted, he applied by motion on notice for the said reliefs. Counsel submits that there are implied conditions which must be satisfied by the issuing authority for the proper exercise of powers under Decree No.

Reference was also made to Walker v. These two broad headings cover all the issues formulated by the parties in their respective briefs. He finally calls attention to the fact that the issue is fawehnmi as respondent’s issue No, 3 in the cross- appellant’s brief Learned counsel also says that if the trial court had given the cross-appellant the opportunity of addressing it on the issue of the enforcement of the African Charter.

These conditions include well-settled rules of natural justice in exercising the power to issue detention order. Anretiola Supra and there is no basis for the lower court’ s assertion that the African Charter has been elevated to a higher pedestal. I do not, with respect. No doubt, the power donated herein is wide and startling. Now let me return to the case in hand.

I I of give the Inspector-General of Police a free and unfettered power to reach his conclusion, relying on such data and information that he may deem fit in being satisfied that any fawehonmi person’s act is prejudicial to state security.