000228
29. On the other hand, in the proceedings
before this Court, the Applicant alleges
the Respondent State's liability for the domestic courts' violation of his rights
guaranteed under the Charter. On this point, the Respondent State does not
contest that the Applicant has exercised all the available remedies, since the
Supreme Court Judgment is not subject to appeal.
30. ln view of the aforesaid, the Court holds that the local remedies have been
exhausted, and dismisses the admissibility objection raised in this regard.
B
Objection on the grounds of faiture to file the Application at a reasonable
time
31. ln its Response, the Respondent
discretionary power
State recognises that the Court "has the
to determine the time limit within which
Applications
should be brought".
g2. The Respondent State alleges, however, that the instant Application was not
filed within reasonable timeframe. lt contends in this regard that whereas the
supreme court Judgment to which Application refers, was rendered on 5
June, 2014, this court was seized of the matter only on 11 July, 2016, that is,
two years and one month later'
33.
ln reply, the Applicant recalls that the provisions of Rule 40(6) of the Rules do
not confine actions brought before this Court to a specific time limit beyond
which the Application may be found to be belated and inadmissible. According
to the Applicant, Article 56 (7) of the Charter offers him the option of referring
the matter first to the Community Court of Justice, ECOWAS "before going
continental" [slcJ. Accordingly, the Applicant alleges that the timeframe being
challenged by the Respondent State is perfectly reasonable, especially as it
concerns the duration of the proceedings before ECOWAS Court of Justice.
n9\
(9.-- ,f--