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Civil Liberties Organization v Nigeria (Communication No. 045/1990) [1990] ACHPR 9 (4 October 1990)
- Citation
- [1990] ACHPR 9
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- African Commission on Human and Peoples Rights
- Posture
- Communication / Admissibility
- Case number
- Communication No. 045/1990
- Language
- English
More details
- Court
- African Commission on Human and Peoples Rights
- Posture
- Communication / Admissibility
- Case number
- Communication No. 045/1990
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
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.
02
Material facts
Parties
Civil Liberties Organization
ApplicantFederal Republic of Nigeria
Respondent03
Procedural history
Posture
Communication / Admissibility
04
Questions and positions
Legal issues
- 01
Whether the communication is admissible before the African Commission on Human and Peoples' Rights.
- 02
Whether the applicant exhausted local remedies as required by the African Charter.
Party arguments
- Applicant
- The applicant alleged wrongful eviction of inhabitants and sought redress from the African Commission, arguing that domestic remedies were ineffective or unavailable.
- Respondent
- The respondent contended that the applicant had not exhausted local remedies as required by Article 55 of the African Charter and Rule 114 of the Rules of Procedure, rendering the communication inadmissible.
05
Court’s reasoning
Legal principles
- 01
Article 55 of the African Charter on Human and Peoples' Rights
A communication before the African Commission must satisfy the requirement of exhaustion of local remedies.
- 02
Rule 114 of the Rules of Procedure of the African Commission
The Rules of Procedure require that admissibility is contingent on exhaustion of available domestic remedies.
06
Ratio, limits and disposition
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
- The communication is declared inadmissible for failure to exhaust local remedies.
Source and reliance status
African Commission on Human and Peoples Rights
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
African Commission on Human and Peoples Rights
Judgment
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."
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