Chapter 4 • Independence and Impartiality of Judges, Prosecutors and Lawyers civilians and in all cases concerning the violation of human rights by members of the military, to the ordinary courts”.107 ***** The African Commission on Human and Peoples’ Rights concluded that, inter alia, article 7(1)(d) of the African Charter on Human and Peoples’ Rights was violated in a case concerning special tribunals set up in Nigeria by the Robbery and Firearms (Special Provisions) Act. These tribunals consisted of three persons, namely, one judge, one officer of the army, navy or air force and one officer of the police force. As noted by the African Commission, jurisdiction had “thus been transferred from the normal courts to a tribunal chiefly composed of persons belonging to the executive branch of government, the same branch that passed the Robbery and Firearms Decree, whose members do not necessarily possess any legal expertise”. The Commission then concluded that such courts violated the condition laid down in article 7(1)(d) of the African Charter requiring the court or tribunal to be impartial; “regardless of the character of the individual members of such tribunals, its composition alone creates the appearance, if not actual lack, of impartiality”.108 The question of the compatibility of purely military tribunals with the African Charter was at issue in the Media Rights Agenda case concerning the secret trial before a Special Military Tribunal of Niran Malaolu, editor of an independent Nigerian daily newspaper, The Diet. The Tribunal sentenced Mr. Malaolu to life imprisonment after having found him guilty of treason.109 As to its general position on the issue of trials of civilians by Military Tribunals, the African Commission recalled the terms of its Resolution on the Right to Fair Trial and Legal Assistance in Africa, where it had held that: “‘In many African countries Military Courts and Special Tribunals exist alongside regular judicial institutions. The purpose of Military Courts is to determine offences of a purely military nature committed by military personnel. While exercising this function, Military Courts are required to respect fair trial standards.’”110 The Commission now added that military courts “should not, in any circumstances whatsoever, have jurisdiction over civilians. Similarly, Special Tribunals should not try offences that fall within the jurisdiction of regular courts”.111 The Commission considered, inter alia, that the creation of the Special Military Tribunal for the trial of treason and other related offences impinged on the independence of the judiciary, inasmuch as such offences were being recognized in 107 UN doc. GAOR, A/52/40 (vol. I), p. 55, para. 344. 108 ACHPR, Constitutional Rights Project (in respect of Wahab Akamu, Gbolahan Adeaga and Others) v. Nigeria, Communication No. 60/91, decision adopted on 3 November 1994, 16th session, paras. 36-37; text can be found at http://www.up.ac.za/chr/; for a similar case, see ACHPR, Constitutional Rights Project (in respect of Zamani Lekwot and 6 Others) v. Nigeria, Communication No. 87/93, decision adopted during the 16th session, October 1994, paras. 30-31; for the text, see preceding web site. 109 ACHPR, Media Rights Agenda (on behalf of Niran Malaolu) v. Nigeria, Communication No. 224/98, decision adopted during the 28th session, 23 October – 6 November 2000, paras. 6-8; for the text of the decision, see http://www1.umn.edu/humanrts/africa/comcases/224-98.html. 110 Ibid., para. 62; Commission’s own emphasis. 111 Ibid., loc. cit.; emphasis added. Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers 141