51. Rather, the Respondent State avers that the first Complainant did not engage and
exhaust the appropriate remedy for the type of complaint now before the Commission.
It maintains that the appropriate remedy is a constitutional review. The competency to
deal with a constitutional challenge is of a judicial nature, and unlike in many
jurisdictions, this competence is exclusively vested in the House of Federation assisted
by the Council of Constitutional Inquiry.
52. The Complainants do not dispute that a constitutional review is provided for
under domestic law and that the competent national organ for that purpose is the
House of Federation assisted by the Council of Constitutional Inquiry. Instead, as noted
in paragraph 41 above, the Complainants advance three arguments to obviate the duty
to pursue a constitutional challenge as a remedy for the grievance at hand.
53. The Commission is not persuaded by the Complainants’ argument that a
constitutional review was not necessary because the grievance did not require
interpretation of the Constitution. The domestic courts’ judgments indicate that the first
Complainant pleaded a case that is in some material respects different from the one
pleaded before the Commission. The claims before domestic authorities were
substantially threefold: (a) that the freezing of its funds was premature in terms of
Article 10(2) of the Council of Ministers Regulations and the circular issued by the
Ministry of Justice (see paragraph 5 above); (b) that the seizure indiscriminately and
erroneously applied to funds lawfully acquired from foreign sources before the CSO
Proclamation came into force, and funds lawfully sourced domestically; and (c) that the
CSO Agency has no power to freeze or seize assets under the enabling law and
consequently the seizure of it funds was unlawful.
54. Evidently, the first Complainant challenged only the propriety of the practical
measures adopted against it. The first Complainant case was that the measures adopted
against it were contrary to the CSO Proclamation, the Council of Ministers Regulations
and the circular issued by the Ministry of Justice. In doing so, the first Complainant
proceeded as though it had no problem with certain provisions of the CSO
Proclamation itself. The decisions of the Federal High Court and the Cassation Bench of
the Federal Supreme Court indicate that the first Complainant neither pleaded the case
that the measures complained of violated any of the fundamental rights guaranteed
under the Respondent State’s Constitution, nor the case that certain provisions of the
CSO Proclamation are inconsistent with the fundamental rights. Yet the complaint now
before the Commission is precisely that certain parts of the CSO Proclamation and the
measures adopted against the first Complainant are inconsistent with and therefore
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