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. 23 24

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