Law Obituaries Gani Fawehinmi Gani Fawehinmi, who died on September 5 aged 71, was a Nigerian lawyer who campaigned against the corruption and misrule of his country in the half century after it gained independence from Britain in Fawehinmi being welcomed by demonstrators during a pro-democracy rally in Lagos in He was later arrested. Pride of place on this roll of dishonour was taken by General Sani Abacha, who annulled the results of elections in and ruled by fiat until he died suddenly in Saro-Wiwa campaigned on behalf of the Ogoni people, who found themselves at the mercy of powerful oil companies looking to tap the wealth buried beneath their tribal land.
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A uetention order, at best, is a public document. Learned cross-appellant contends that the court is competent to compel the donee of a detention order to disclose the reasons behind his conclusion that a particular person, e.
African Charter with a greater vigor and strength than mere decree for it has been elevated to a higher pedestal. For ease of reference.
Chinese Exclusive Case US. In the final analysis and from the foregoing, the main appeal lacks merit and fails; the same is dismissed. State supra as good authority for enforcing the provisions of African Charter by the procedure set out under section 4 of the Constitution as the cross-appellant did in the case under review.
The convention was based aabacha draft articles proposed by the International Commission and was adopted at the Vienna Conference. Principles of Public International Law, p. The Chief of General Staff or the Inspector-General of Police, as the case may be, shall not later than three months after the date of an order made by him under this Decree and every three month thereafter, review the case of every person, detained fawdhinmi to the order and, if satisfied that the circumstances no longer require the continued detention of the person affected, may revoke the order.
At the oral hearing, Mr. See page — of the record. In the result, guided by the foregoing, I am clearly of the view that the trial court was in error to have taken judicial notice of the abxcha order. The erosion may be creating Military or Special Tribunals …. Power of Inspector-General to sign and issue a detention order.
It became apparent by reason of the promulgation of Decree No. To counsel, Decree No. Learned counsel further submits that the analogy of surrender of parliamentary supremacy by British Parliament by virtue of the effect of European CulI1munity Act, is misconceived as it relates to the Nigerian situation which is not a member of qbacha European Community Union where, to fswehinmi extent in respect of certain specific matters, sovereignty lies with the Union.
C and I am in complete agreement that while the main appeal is devoid of substance and must therefore fail, the cross appeal is clearly meritorious and ought to be allowed.
The respondent being dissatisfied with parts of the judgment of the Court of Appeal, as cross-appellant, has appealed against the same on five grounds of appeal and also submits four abacna issues for our determination. Learned Counsel for the appellants submitted quite correctly that a treaty between two or more sovereign states derives its binding force and effect from international law. Then came when another amendment was abacna to the Decree. The cross-appellant in his appeal against that judgment to the Court of Appeal presented such a compendious and comprehensive brief of argument that could hardly fail to make a favurable impression on a listening tribunal.
On the fact abxcha it the purport of the provision is that the jurisdiction of the court is completely ousted. See Schorsch Meier Gimbh v. On being served with the motion papers learned counsel for the appellants filed a preliminary objection to the effect that the respondent could not maintain the action against the appellants on the ground that the Court c competence to entertain it. But of recent are new developments, especially in newly emerging countries with a problem of constitutional and political stability.
In countries which have Constitutions albeit. The appellants filed a Notice of Preliminary Objection, challenging the jurisdiction of the Federal High Court to entertain the action of the respondent by the combined effect of the provisions of Section 4 of the State Security Detention of Persons Decree No.
In my view this court cannot take judicial notice of such order under Section 73 I a and b of the Evidence Act. Those issues read as follows:. See Chapter IV of the and Constitutions. There is provision in the Charter for a Commission to be set up, but since 19th January when the Charter was made in Banjul, The Gambia, no Commission has been set up. Related Posts
ABACHA V FAWEHINMI PDF
Ararisar Both parties were aggrieved by the decision of the Court of Appeal and therefore appealed to the Supreme Court. This omission was over sighted by the law-maker. The obvious result is that having regard to the: Read the Leading Judgment. It is, perhaps, desirable at this juncture to consider the landmark fawebinmi of the English House of Lords in Liversidge v. Case Abacha v.
It is thus not only unnecessary but contrary to the rule of pleadings to plead law, statutes. Its supremacy has never been called to question in ordinary circumstances. It is the law that a decision of a court of competent jurisdiction. With the utmost respect to Musdapher, JCA, it is an inexcusable judicial disrespect or arrogance to deny the subsistence of the hierarchical order of superiority of Nigerian laws as adumbrated by the Supreme Court in Labiyi case. This posture of the lower court is more startling in the absence of any convincing reason given for that far-reaching proposition of the law when the doctrine of precedent stare decisis of great antiquity, embedded in the English common law and indeed, an integral part of our law which is anchored in good reason, logic and commonsense and has not been demonstrated to be manifestly out of step with modern development in law should be blown away by a side-wind. There is therefore no basis whatsoever for the lower court not to have followed the decision in Labiyi case. If it is admissible it is accordingly admitted as an exhibit in its original form.
His father, Chief Saheed Tugbobo Fawehinmi, the Seriki Musulumi of Ondo, was a successful timber trader, philanthropist, civic activist and muslim chieftain of the Yoruba people. Chief Saheed Tugbobo Fawehinmi died on 5 February at the age of 89 years. He died at the age of While in college, he was popularly known as "Nation" because of his passionate interest in national, legal and political affairs. He then worked briefly as a law clerk in the High Court of Lagos until While at University, his father died.