Chairperson, the divisional police station, the Minister of Justice and Attorney General of the Respondent State and the Nigerian Embassy in Germany. In addition, it is submitted that the EFCC in a press release also made reference to the death of the Victim and indicated that it would be investigated. 44. The Complainants in this regard submit that to date, "no effective and independent investigation has been carried out", noting in particular that the Victim's cause of death has not been established, no autopsy has been performed, the officers conducting the interviews have not been identified and questioned, no indictment has been lodged, no arrests have been made and no information on the circumstances of the Victim's death has been made available to his family. In addition, they state that no responses were received to letters to the EFCC and divisional police station, that the Ministry of Justice referred the case back to the local police, who "consulted on matters regarding the case with the EFCC, the very body suspected of being responsible for Mr Nunugwo's death."6 The Complainants also allege that while there has been some discussion on experts suitable to conduct the post mortem and the way to proceed, there is v i r t u a l l y no progress in the investigation. 45. Whereas the State had clearly failed in its duty to investigate, the Commission should in addition be satisfied that the Complainants had exhausted all local remedies available to vindicate their rights through the national judicial processes. The fact that the State knew or should have known of the violation is not enough to relieve the Complainants of fulfilling this requirement. Local remedies in this regard should be exhausted violations which are brought before the in respect of the alleged rights Commission. Thus it should be determined whether there are any judicial remedies at domestic level which could have been pursued by the Complainants to compel the State and its responsible authorities to take the steps to undertake the requisite investigation and facilitate access to justice for the rights allegedly violated. The purpose of requiring the exhaustion of domestic remedies is to affirm the primacy of the national courts, where remedies are faster attainable and more readily enforceable, with regional mechanisms f u l f i l l i n g a complementary role where national judicial remedies are unavailable, ineffective or insufficient. 46. In the present case the Complainants have failed to indicate that they had taken any such steps, and neither did they indicate that they approached local courts, nor that it was impossible to do so. In this regard, the Commission takes note from general information on the Nigerian legal system that the high courts of Nigeria have inherent jurisdiction to supervise the proceedings and decisions of a person or body of persons charged with the performance of a public duty, by way of judicial review of administrative decisions, as provided for under Order 34 of the Federal High Court Rules 2009; and also that by virtue of the Fundamental Rights (Enforcement) Procedure Rules and the African Chart ---'-""""- ,,,.:." ciit��u��. 11 Eo�� � �<,'°.f,��t't,.E.TAf?l� 'See para 12 above fl '® � .. . \ � \. :� · .r ' ! , $"'. p.u-UA · � -<'> ·-· (li,"'r��-S:-V-,-,';· o,.,.,., "1 'I� .. ,, ;

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