n African Human Rights Law Journal - The African Charter on Human and Peoples' Rights and ouster clauses under the military regimes in Nigeria : before and after September 11
|Article Title||The African Charter on Human and Peoples' Rights and ouster clauses under the military regimes in Nigeria : before and after September 11|
|© Publisher:||Pretoria University Law Press (PULP)|
|Journal||African Human Rights Law Journal|
|Publication Date||Jan 2004|
|Pages||275 - 302|
Military governments in Nigeria adopted numerous decrees that ousted the jurisdiction of courts. This article investigates the role of the African Charter in challenging such ouster clauses. Despite being incorporated into Nigerian domestic law in 1983, much uncertainty still surrounds the status of the African Charter on Human and Peoples' Rights. The author criticises 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.With reference to case law in the United States, the author highlights the threats to human rights posed by anti-terrorist laws in the world after 11 September 2001.
Article metrics loading...