Uganda Case Law

XYZ v Republic of Benin (Application No. 058/2019)

XYZ v Republic of Benin (Application No. 058/2019) [2025] AfCHPR 22 (26 June 2025)

Court

African Court on Human and Peoples Rights

Case number

Application No. 058/2019

Judge

Aboud J, Adjei J, Anukam J, Ben Achour J, Bensaoula VP, Chizumila J, Gaswaga J, Mengue J, Ntsebeza J, Sacko P, Tchikaya J

The Court found that the applicant did not exhaust available local judicial remedies, specifically a constitutional challenge before the Constitutional Court of Benin, prior to filing the application. The applicant's arguments regarding persecution, lack of judicial independence, and the effect of a prior constitutional challenge by another citizen were dismissed for lack of evidence and legal merit. The Court reiterated that the requirement to exhaust local remedies is assessed at the time the application is lodged, and subsequent developments do not absolve the applicant of this obligation.…

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• Exhaustion Of Local Remedies
• Right To Effective Remedy
• Judicial Independence
• Admissibility Requirements
• Jurisdiction Of Regional Courts

Taudier and Others v Republic of Cote d’Ivoire (Application No. 017/2019; Application No. 018/2019; Application No. 019/2019)

Taudier and Others v Republic of Cote d’Ivoire (Application No. 017/2019; Application No. 018/2019; Application No. 019/2019) [2024] AfCHPR 9 (4 June 2024)

Court

African Court on Human and Peoples Rights

Case number

Application No. 017/2019 ; Application No. 018/2019 ; Application No. 019/2019

Judge

Aboud P, Adjei J, Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Eno R, Kioko J, Mengue J, Ntsebeza J, Sacko VP, Tchikaya J

The African Court held that the applicants had not exhausted local remedies in Côte d’Ivoire, so their consolidated applications were declared inadmissible.

• Fair Trial Rights
• Exhaustion Of Local Remedies
• Admissibility Requirements
• Right To Effective Remedy
• Protection Of Dignity
• Exhaustion-of-local-remedies

Marius v Republic of Cote d’Ivoire (Application No. 032/2019)

Marius v Republic of Cote d’Ivoire (Application No. 032/2019) [2023] AfCHPR 49 (4 December 2023)

Court

African Court on Human and Peoples Rights

Case number

Application No. 032/2019

Judge

Aboud P, Adjei J, Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Eno R, Kioko J, Mengue J, Ntsebeza J, Sacko VP, Tchikaya J

The Court found that the applicant had not exhausted local remedies, as his cassation appeal was still pending before the domestic courts at the time he filed the application. The cassation procedure in Côte d’Ivoire is considered an available and effective remedy, and the applicant did not demonstrate that it was unduly prolonged or otherwise unavailable. As exhaustion of local remedies is a mandatory and cumulative requirement for admissibility under Article 56(5) of the Charter and Rule 50(2)(e) of the Rules, the failure to meet this condition rendered the application inadmissible. The Cou…

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• Fair Trial Rights
• Exhaustion Of Local Remedies
• Right To Effective Remedy
• Proportionality Of Punishment
• Dignity Of Detainees

Noudehouenou v Republic of Benin (Application No. 010/2021)

Noudehouenou v Republic of Benin (Application No. 010/2021) [2022] AfCHPR 56 (21 December 2022)

Court

African Court on Human and Peoples Rights

Case number

Application No. 010/2021

Judge

Aboud P, Anukam J, Ben Achour J, Kioko J, Mengue J, Ntsebeza J, Tchikaya VP

The Court found that it had prima facie jurisdiction to entertain the request for provisional measures, as the alleged violations concerned rights protected by instruments ratified by the Respondent States and the relevant Declarations were still effective for the purposes of this Application. However, the requests relating to the 2021 presidential election were declared moot because the election had already taken place. The Court held that it could not order provisional measures against the Executive Council, as it is not a party to the proceedings nor a State Party to the Protocol. The requ…

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• Enforcement Of Court Judgments
• Right To Effective Remedy
• Arbitrary Detention
• Election Disputes
• Executive Council Liability

Dibgolongo v Republic of Burkina Faso (Application No. 013/2019)

Dibgolongo v Republic of Burkina Faso (Application No. 013/2019) [2022] AfCHPR 23 (22 September 2022)

Court

African Court on Human and Peoples Rights

Case number

Application No. 013/2019

Judge

Aboud P, Adjei J, Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Mengue J, Ntsebeza J, Sacko J, Tchikaya VP

The African Court held that it had jurisdiction but declared the application inadmissible because the applicant did not exhaust local remedies, especially cassation.

• Fair Trial Rights
• Exhaustion Of Local Remedies
• Right To Effective Remedy
• Judicial Review
• Prisoners Rights
• Exhaustion-of-local-remedies

Baguian v Burkina Faso (Application No. 014/2019)

Baguian v Burkina Faso (Application No. 014/2019) [2022] AfCHPR 20 (22 September 2022)

Court

African Court on Human and Peoples Rights

Case number

Application No. 014/2019

Judge

Aboud P, Adjei J, Anukam J, Bensaoula J, Chizumila J, Kioko J, Mengue J, Ntsebeza J, Sacko J, Tchikaya VP

The Court found that although it had jurisdiction over the matter, the application was inadmissible because the applicant had not exhausted local remedies as required by Article 56(5) of the Charter and Rule 50(2)(e) of the Rules of Court. The applicant's cassation appeal was still pending before the domestic courts at the time of filing the application, and there was no evidence that the proceedings were unduly prolonged. Since the exhaustion of local remedies is a mandatory and cumulative admissibility requirement, the failure to satisfy this condition rendered the entire application inadmi…

Source excerpt

• Right To Fair Trial
• Exhaustion Of Local Remedies
• Admissibility Of Applications
• Right To Effective Remedy
• Right To Dignity Of Prisoners