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Title: | The African Charter on Human and Peoples' Rights and Ouster Clauses under the Military Regimes in Nigeria: Before and after September 11 |
Author: | Oba, Abdulmumini A. |
Year: | 2004 |
Periodical: | African Human Rights Law Journal |
Volume: | 4 |
Issue: | 2 |
Pages: | 275-302 |
Language: | English |
Geographic term: | Nigeria |
Subjects: | judicial power human rights jurisdiction Politics and Government Military, Defense and Arms Law, Human Rights and Violence |
Abstract: | The ouster of jurisdiction of courts in matters concerning human rights is a regular feature of dictatorial regimes. Heads of military regimes in Nigeria made it quite clear that they were military regimes and not democratic governments. 11 September 2001 witnessed unprecedented terrorist attacks on America. The Bush administration declared a worldwide war against terrorism. The ripples generated by the actions of the American government have had a great impact all over the world. This paper examines the extent to which courts in Nigeria have been able to use the African Charter on Human and Peoples' Rights as a response to draconian legislation, particularly in the case of ouster clauses. Despite being incorporated into Nigerian domestic law in 1983, much uncertainty still surrounds the status of the African Charter. The paper criticizes the decision in Abacha v Fawehinmi, in which the Nigerian Supreme Court held that the African Charter cannot be superior to the Constitution and upheld the validity of ouster clauses. Finally, the paper examines the impact of September 11 on draconian legislation and the ouster of jurisdiction of courts. Notes, ref., sum. [ASC Leiden abstract] |