constitutional issues, the same cannot be regarded as pending before the national
courts.P
114. The Commission will therefore proceed to examine whether the remedies being sought
by the Complainants are available, effective and sufficient at the national level. The
Complainants have submitted that the remedies are unavailable, ineffective and
insufficient.
115. The Complainants submit that the fact that constitutional matters are dealt with by the
House of Federation, which is not a judicial body is in violation of the 'Common African
Standard'. They rely on Cudjoe v Ghana to submit that only 'courts of a judicial nature'
should be exhausted. The Commission however finds nothing in Cudjoe v Ghana that
restricts the exercise of judicial functions by other relevant and properly established
bodies outside the judiciary. The Respondent State acknowledges that the House of
Federation is an upper chamber of Parliament but this does not preclude it from
exercising judicial powers particularly if the same is granted by the Constitution as is
the present case. What is important is whether the remedies at the national level are
available, effective and sufficient.
116. In Sir Dawda K. Jawara v The Gambia, the Commission established that the rule on
exhaustion of local remedies has three main criteria, namely: the remedy must be
available, effective and sufficient.>' Consequently, 'a remedy is considered available if the
petitioner can pursue it without impediment, it is deemed effective if it offers a prospect of
success, and it is found sufficient if it is capable of redressing the complaint.'25
117. As stated above, for a remedy to be available it must be accessed without impediment.
The Commission takes the view that notwithstanding Proclamation No. 25/1996, which
bestows upon the Federal High Court jurisdiction over cases arising under the
Constitution, Federal Laws and international treaties, Proclamations No. 250/2001 and
251/2001 also provides for a constitutional process through the Council and the House
of Federation. In this regard, the remedy can be accessed without any impediment since
the Complainants have adequate legal provisions to approach the relevant bodies.
118. The remedy is also sufficient because pursuant to paragraph 63, Ethiopia has ratified
the African Charter and other international instruments in addition to having a
justiciable Bill of Rights under the Constitution. In Civil Liberties Organisation v. Nigeria,
the Commission found that the results produced at the national level should be the basis
for determining whether local remedies are sufficient." Under Paragraph 64 above, the
Respondent State also submitted that Articles 9(4)and 13(2) of the Constitution provide
that all international instruments ratified by Ethiopia form part and parcel of the
domestic law. In this regard, the remedies available at the national level are capable of
redressing the complaint in as far as the results desirable by the Complainants could
also be achieved at the domestic level.
119.
See para 87 above.
Communication 147/95 and 149/96 - Sir Dauida K. [auiara v. The Gambia (2000) para 31.
25 As above, para 32.
26 Communication
129/94 - Civil Liberties Organisation v Nigeria (1995), ACHPR, para 8.
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