[1994] ACHPR 1
The Commission found that the applicant had not exhausted local remedies available in Nigeria, which is a mandatory requirement for admissibility under article 56 of the African Charter on Human and Peoples' Rights. As a result, the communication was declared inadmissible and the author was directed to pursue local...
Source-derived case information.
- Citation
- [1994] ACHPR 1
- Parties
- Applicant: Academic Staff of Nigerian Universities; Respondent: Nigeria
- Court
- African Commission on Human and Peoples Rights
- Jurisdiction
- Uganda
- Case Number
- Communication 107 of 1993
- Procedural Posture
- Communication / Admissibility
- Outcome
- communication declared inadmissible
- Legal Topics
- Exhaustion of Local Remedies, Admissibility of Communications, Human Rights Charter Interpretation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Academic Staff of Nigerian Universities
Applicant
Nigeria
Respondent
Procedural Posture
Communication / Admissibility
Legal Issues
- 1 Whether the communication is admissible before the African Commission on Human and Peoples' Rights.
- 2 Whether local remedies have been exhausted as required by the Charter.
Ratio Decidendi
The Commission found that the applicant had not exhausted local remedies available in Nigeria, which is a mandatory requirement for admissibility under article 56 of the African Charter on Human and Peoples' Rights. As a result, the communication was declared inadmissible and the author was directed to pursue local remedies before approaching the Commission.
Court Disposition
communication declared inadmissible
Orders
- The communication is inadmissible for failure to exhaust local remedies.
- The author is directed to exhaust local remedies before approaching the Commission.
Full Case Text
Judgment text and source record
9 paragraphs
**Undated Communication No. 107/93**
## **AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS**
## **ACADEMIC STAFF OF NIGERIAN UNIVERSITIES v. NIGERIA**
## **DECISION**
Citation: Academic Staff of Nigerian Universities v. Nig., Comm. 107/93, 7th ACHPR AAR Annex IX (1993-1994)
Publications: IHRDA, Compilation of Decisions on Communications of the African Commission On Human and Peoples' Rights Extracted from the Commission's Activity Reports 1994-2001, at 193 (2002); Documents of the African Commission on Human and Peoples' Rights, at 350 (Malcolm D. Evans & Rachel Murray eds., 2001); (2000) AHRLR 180 (ACHPR 1994)
COMMUNICATION ON BREACH OF AGREEMENT, THREATS ETC. DATED 27 JULY 1993
## FINAL DECISION
[1] From the evidence adduced by the author, local remedies have not been exhausted. The communication is therefore inadmissible. The Commission draws the attention of the author to article 56 of the Charter.