[1990] ACHPR 9
The Commission found that the applicant had not demonstrated exhaustion of local remedies as required by Article 55 of the African Charter and Rule 114 of the Rules of Procedure. The absence of evidence that domestic avenues for redress had been pursued or were unavailable led the Commission to declare the...
Source-derived case information.
- Citation
- [1990] ACHPR 9
- Parties
- Applicant: Civil Liberties Organization; Respondent: Federal Republic of Nigeria
- Court
- African Commission on Human and Peoples Rights
- Jurisdiction
- Uganda
- Case Number
- Communication No. 045/1990
- Procedural Posture
- Communication / Admissibility
- Outcome
- communication declared inadmissible
- Legal Topics
- Exhaustion of Local Remedies, Admissibility of Communication, Human Rights Protection
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Civil Liberties Organization
Applicant
Federal Republic of 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 the applicant exhausted local remedies as required by the African Charter.
Ratio Decidendi
The Commission found that the applicant had not demonstrated exhaustion of local remedies as required by Article 55 of the African Charter and Rule 114 of the Rules of Procedure. The absence of evidence that domestic avenues for redress had been pursued or were unavailable led the Commission to declare the communication inadmissible. The principle of exhaustion of local remedies is a prerequisite for admissibility before the Commission, and failure to comply with this requirement precludes consideration of the merits.
Court Disposition
communication declared inadmissible
Orders
- The communication is declared inadmissible for failure to exhaust local remedies.
Full Case Text
Judgment text and source record
8 paragraphs
**Undated Communication No. 45/90**
## **AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS**
## **CIVIL LIBERTIES ORGANIZATION v. NIGERIA**
## **DECISION**
Citation: Civil Liberties Org. v Nig., Comm. 45/90, 7th ACHPR AAR Annex IX (19931994) 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 192 (2002); Documents of the African Commission on Human and Peoples' Rights, at 345 (Malcolm D. Evans & Rachel Murray eds., 2001; (2000) AHRLR 178 (ACHPR 1994)
COMMUNICATION ON WRONGFUL EVICTION OF INHABITANTS DATED 4 OCTOBER 1990.
## FINAL DECISION
[1] "The Commission decides that local remedies have not been exhausted as required by Article 55 of the Charter and 114 of the Rules of Procedure and declares the communication inadmissible."