socio economic rights and accountability project v nigeria communication 300 of 2005 2008 achpr 91 29 july 2008

socio economic rights and accountability project v nigeria communication 300 of 2005 2008 achpr 91 29 july 2008

The complainant failed to exhaust available domestic remedies in Nigeria and did not demonstrate that such remedies were unavailable, ineffective, or insufficient. Nigerian law, through the domestication of the African Charter, provides for the justiciability of socio-economic rights, and class actions are possible. Mere doubts or presumptions about the effectiveness of local remedies are insufficient to excuse non-exhaustion. Therefore, the communication is inadmissible under Article 56(5) of the African Charter.

Citation
socio economic rights and accountability project v nigeria communication 300 of 2005 2008 achpr 91 29 july 2008
Parties
Complainant: Socio Economic Rights and Accountability Project; Respondent State: Nigeria
Court
ACHPR
Jurisdiction
Tanzania
Judgment Date
29 July 2008
Procedural Posture
Communication (human Rights Complaint) / Decision on Admissibility
Outcome
Communication declared inadmissible.
Legal Topics
Right to Education, Socio Economic Rights, Exhaustion of Local Remedies, Corruption, Justiciability of Rights
Source Language
English
Human Rights Law Constitutional Law International Law Right to Education Socio Economic Rights Exhaustion of Local Remedies Corruption Justiciability of Rights

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Parties

Socio Economic Rights and Accountability Project

Complainant

Nigeria

Respondent State

Procedural Posture

Communication (human Rights Complaint) / Decision on Admissibility

Legal Issues

  1. 1 Whether the complaint is admissible under Article 56 of the African Charter on Human and Peoples' Rights
  2. 2 Whether local remedies were available, effective, and sufficient in Nigeria for the alleged violations
  3. 3 Whether socio-economic rights are justiciable in Nigerian courts

Ratio Decidendi

The complainant failed to exhaust available domestic remedies in Nigeria and did not demonstrate that such remedies were unavailable, ineffective, or insufficient. Nigerian law, through the domestication of the African Charter, provides for the justiciability of socio-economic rights, and class actions are possible. Mere doubts or presumptions about the effectiveness of local remedies are insufficient to excuse non-exhaustion. Therefore, the communication is inadmissible under Article 56(5) of the African Charter.

Court Disposition

Communication declared inadmissible.