THE ROLE OF PROVISIONAL MEASURES IN THE PROTECTION OF THE RIGHT TO FAIR TRIAL: AN EXAMINATION OF THE AFRICAN SYSTEM OF HUMAN RIGHTS

Abstract

This study examines the order of provisional measures within the African Union in the protection of the right to fair trial at two broad time periods. These refer to the period before the coming into force of the Constitutive Act of the African Union, and the period after that. Focusing on the orders issued by the African Commission and the Court of Human and Peoples rights to Nigeria and Libya respectively, this study makes an interesting observation. In spite of the institutional development in the African human rights system as a result of the coming into force of the Constitutive Act in 2001, the study finds that despite the potential of provisional measures to render effective remedies in cases of human rights violations, they have not been any more effective than before 2001. This study recommends that the African Union considers innovative and realistic means of protecting the right to fair trial through effective provisional measures.