The court also ordered the government to pay Mr Eli, a private, the arrears of his salary and other entitlements from March 2015 to the date of his release from detention.
Delivering a default judgment under Article 90 of the Rules of the Court following a motion filed by the applicant on October 10, 2018, the court also held the government in violation of the applicant’s right to be heard within a reasonable time. The law however said the punishment required that the decision of such a court martial must be transmitted to a confirming authority for the confirmation of the finding and sentence.
Consequently, the court ruled in its judgment on October 11 ‘that the detention in prison of the applicant was arbitrary and consequently a violation of his rights to liberty contrary to Section 6 of the African Charter.”
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