exhausted
exhaust
are
other
ordinary judicial
remedies,
remedies
be
may
the
taken
time
into
used
by the Applicant
account
in
determining
to
the
reasonableness of the period envisaged under Article 56(6) of the Charter. This
is particularly the
case
where
the
law affords the Applicant the
possibility of
exhausting such remedies.°
43. In the instant case, the Court notes that after the dismissal of his appeal on 8
November 2013 by the Supreme Court, the Applicant seized the same Court with
an
application
for review.
By
a new
Judgment
dated
27
January
2017,
the
Supreme Court dismissed the said application.
44. The Court considers that between the aforementioned dates, the Applicant spent
time awaiting
application
for
the decision
review
was
on his application
the
Applicant’s
for review.
prerogative,
penalized for attempting to exercise that remedy.
Considering
the
latter
that the
cannot
be
The time taken to exercise that
remedy must thus be taken into account. In the circumstance, the Court finds that
the
above-mentioned
time
used
by
the
Applicant
to file this
Application
is
reasonable in terms of Article 56(6) of the Charter.
45. In view of the aforesaid, the Court holds in conclusion that the Application meets
the condition of admissibility set out in Article 56(6) of the Charter.
46. Lastly, as regards compliance with the condition laid down in Article 56(7) of the
Charter, the Court notes that there is nothing on record indicating that the present
Application concerns a case which has been settled in accordance with either the
principles of the United Nations Charter, the OAU Charter or the provisions of the
Charter.
Reparations) (2018) 2 AfCLR 477, §§ 55-57; Norbert Zongo and Others v. Burkina Faso (Preliminary
Objections) (2013) 1 AfCLR 197, § 121
° See Jean-Claude Roger Gombert v. Republic of Céte d'Ivoire (2018) 2 AfCLR 270, § 37.
10 See Ally Rajabu and Others v. United Republic of Tanzania, (Merits and Reparations), § 51; Nguza Viking
(Babu Seya) and Johnson Nguza (Papi Kocha) v. United Republic of Tanzania (Merits) (2018) 2 AfCLR
287, § 58
12