[2003] ACHPR 38

[2003] ACHPR 38

The African Commission found that the complainant failed to demonstrate exhaustion of local remedies as required by Article 56(5) of the African Charter. Despite alleging attempts to seek redress before various authorities, the applicant did not provide evidence of proceedings before domestic courts or submit arguments on admissibility when requested. The Commission concluded that the procedural requirement of exhausting local remedies had not been met, rendering the communication inadmissible.

Citation
[2003] ACHPR 38
Parties
Applicant: Stephen O. Aigbe; Respondent: Nigeria
Court
African Commission on Human and Peoples Rights
Jurisdiction
Uganda
Judgment Date
29 May 2003
Case Number
Communication 252 of 2002
Procedural Posture
Communication / Admissibility
Outcome
communication declared inadmissible
Legal Topics
Exhaustion of Local Remedies, Right to Fair Trial, Military Justice, Access to Court
Source Language
English
Constitutional Law Administrative Law Exhaustion of Local Remedies Right to Fair Trial Military Justice Access to Court

Case Brief

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Parties

Stephen O. Aigbe

Applicant

Nigeria

Respondent

Procedural Posture

Communication / Admissibility

Legal Issues

  1. 1 Whether the complainant exhausted local remedies as required under Article 56(5) of the African Charter.
  2. 2 Whether the complaint is admissible before the African Commission on Human and Peoples' Rights.

Ratio Decidendi

The African Commission found that the complainant failed to demonstrate exhaustion of local remedies as required by Article 56(5) of the African Charter. Despite alleging attempts to seek redress before various authorities, the applicant did not provide evidence of proceedings before domestic courts or submit arguments on admissibility when requested. The Commission concluded that the procedural requirement of exhausting local remedies had not been met, rendering the communication inadmissible.

Court Disposition

communication declared inadmissible

Orders

  • The communication is declared inadmissible due to non-exhaustion of local remedies.