ACHPR African Commission on Human and Peoples' Rights Human Rights our Collective Responsibility 116. The Commission wishes to reiterate its position as clarified in its jurisprudence that in line with the principle of subsidiarity, and article 56(5) of the Charter which requires the exhaustion of local remedies before filing communications with the Commission, it does not serve as an 'appellate body' quoad national court decisions and that, "in assessing the compatibility of the ruling of a national court with the African Charter, the African Commission does not act as an appellate body with powers to overrule the decisions of national courts, but simply discharges its mandate of ensuring compliance by a State Party, with the provisions of the African Charter in its interpretation and application of the law".22 117. As a matter of consequence, it has been held in Agnes Uwimana-Nkusi & saidati Mukakibibi (represented by Media Legal Defence Initiative) v . Rwanda, "the Commission in this particular case does not intend to examine whether the national courts applied its national laws correctly to the facts, but rather, what the Commission will determine is whether the law in itself, and the procedure of the Court in its application of the law is consistent with the African Charter."23 118. Likewise, in the present instance, the Commission does not purport to examine whether the Supreme Court and the JCPC applied the domestic law provisions correctly to the facts, but rather, whether in interpreting and applying domestic law including the Supreme Court Rules 2000 to the effect of preventing the Complainant from litigating his case in person, they acted in a manner consistent with the African Charter or otherwise. Alleged violation ofArticle 3 119. Article 3 of the African Charter provides : "1. Every individual shall be equal before the law. 2. Every individual shall be entitled to equal protection of the law". 120. According to the Commission, equality before the law includes 'equality in the administration of justice', meaning that 'all individuals should be subject to the Ali�nr- \ Union\.�

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