ilesanmi v nigeria communication 268 of 2003 2005 achpr 66 11 may 2005

ilesanmi v nigeria communication 268 of 2003 2005 achpr 66 11 may 2005

The communication was declared inadmissible because it contained insulting language directed at state institutions, including the presidency, in violation of Article 56(3), and because the complainant failed to demonstrate exhaustion of available and effective local remedies as required by Article 56(5).

Citation
ilesanmi v nigeria communication 268 of 2003 2005 achpr 66 11 may 2005
Parties
Complainant: Ilesanmi; Respondent State: Federal Republic of Nigeria
Court
ACHPR
Jurisdiction
Tanzania
Judgment Date
11 May 2005
Procedural Posture
Communication (human Rights) / Decision on Admissibility
Outcome
Communication declared inadmissible
Legal Topics
Admissibility of Communications, Exhaustion of Local Remedies, Disparaging Language in Complaints, Right to Effective Remedy
Source Language
English
Human Rights Law International Law Admissibility of Communications Exhaustion of Local Remedies Disparaging Language in Complaints Right to Effective Remedy

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Parties

Ilesanmi

Complainant

Federal Republic of Nigeria

Respondent State

Procedural Posture

Communication (human Rights) / Decision on Admissibility

Legal Issues

  1. 1 Whether the communication is inadmissible due to use of disparaging or insulting language under Article 56(3) of the African Charter
  2. 2 Whether the communication is inadmissible for failure to exhaust local remedies under Article 56(5) of the African Charter

Ratio Decidendi

The communication was declared inadmissible because it contained insulting language directed at state institutions, including the presidency, in violation of Article 56(3), and because the complainant failed to demonstrate exhaustion of available and effective local remedies as required by Article 56(5).

Court Disposition

Communication declared inadmissible