Case law note. Private Barnabas Eli V. the Federal Republic of Nigeria (Judgment no Ecw/ccj/jud/29/19)

The Applicant, Private Barnabas Eli, is a Nigerian citizen who enrolled into the Nigerian Army (hereinafter “the Army”) on the 14th August 2009. The applicant refers that he was sent to the first battalion of the Army to be part of the so-called “Special Task Force”, operation Save Haven. Specifically, he was on duty at the Kassa checkpoint. On 6th April 2012, while at work, the applicant states to have a severe stomachache and, therefore, needs to purchase medication at the closest chemist. When the applicant came back to his domicile, he found his residence robbed and his rifle disappeared. He was charged with the arm’s disappearance and detained at the Barkin Ladi Police station. At a later stage, he was held at the third Division, which had jurisdiction on the case. On 9th December 2013, he was condemned by the Military Court Martial to a two years imprisonment. He was released on 8th December 2015, after completing the two years’ detention. The applicant complains the disrespect of article 6 of the African Charter on Human and Peoples’ Rights (hereinafter “The Charter), namely the right to liberty. He then alleges that the Respondent state was no able to prove any allegation related to his rifles’ vanishing and objected to embrace the general martial court’s deliberations to date. Furthermore, he stated the violation of articles 1,2,3,4,5,7 and 15 of the African Charter.