Chapter 4 • Independence and Impartiality of Judges, Prosecutors and Lawyers Although “minimal” in this case, the sanction against Mr. Ezelin did “not appear to have been ‘necessary in a democratic society’” and therefore violated article 11 of the Convention.147 The European Court of Human Rights consequently construes very strictly the possibilities for the States parties to limit the exercise of the right to peaceful assembly, even in the case of lawyers. 6.4.3 The right to freedom of association In a case against Nigeria, the African Commission on Human and Peoples’ Rights had to consider whether the Legal Practitioners (Amendment) Decree, 1993, was consistent with the terms of the African Charter on Human and Peoples’ Rights. This decree established a new governing body of the Nigerian Bar Association; of the total of 128 members of this organ, called the Body of Benchers, only 31 were nominees of the Bar Association while the other members were nominated by the Government.148 As pointed out by the Commission, the Body of Benchers was “dominated by representatives of the government” and had “wide discretionary powers, among them the disciplining of lawyers”; as “an association of lawyers legally independent of the government, the Nigerian Bar Association should be able to choose its own governing body”. The Commission added that “interference with the self-governance of the Bar Association may limit or negate the reasons for which lawyers desire in the first place to form an association”.149 The Commission next pointed out that it had “... resolved several years ago that, where regulation of the right to freedom of association is necessary, the competent authorities should not enact provisions which limit the exercise of this freedom or are against obligations under the Charter. The competent authorities should not override constitutional provisions or undermine fundamental rights guaranteed by the constitution and international human rights instruments”.150 In the present case, the Government intervention in the governing of the Nigerian Bar Association was “inconsistent with the preamble of the African Charter, where states reaffirm adherence to the principles of human and peoples’ rights contained in declarations such as the UN Principles on the Independence of the judiciary and thereby constitutes a violation of Article 10 of the African Charter”, which guarantees the right to freedom of association.151 147 Ibid., para. 53. 148 ACHPR, Civil Liberties Organisation v. Nigeria (in respect of the Nigerian Bar Association), Communication No. 101/93, decision adopted during the 17th Ordinary session, March 1995, para, 1; for the text of the decision, see http://www.up.ac.za/chr/. 149 Ibid., para. 24. 150 Ibid., para. 25; footnote omitted. 151 Ibid., para. 26; footnote omitted. Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers 155