005065
62.The Court notes that the High Court of Ghana
has original jurisdiction to consider
claims for enforcement of human rights by virtue of Article 33 (1) of the Constitution of
the Respondent State.
63. The issue for determination before this Court is whether filing a claim at the High Court
regarding the alleged violation of the Applicant’s human rights by the Supreme Court
would have been an effective remedy if the Applicant pursued it before bringing the
Application before this Court.
64.In Norbert Zongo
v. Burkina Faso this Court held that “in ordinary language,
effective refers to that which produces the expected
being
result... the effectiveness of a
remedy is therefore measured in terms of ifs ability to solve the problem raised by the
Applicant.”'4 The Court reaffirmed this in the case of Lohé [ssa Konaté v Burkina Faso
where it also noted that a remedy
is effective if it can be pursued
by the Applicant
without any impediment.1®
65. The Court finds that, in the circumstances of this case, even though the High Court
has original jurisdiction on human rights, it would have been unreasonable to require
the Applicant to file a claim before it to call into question, a decision of the Supreme
Court, whose decisions are binding on subordinate courts.
66. This position is buttressed by the fact that in its decision of 29 July 2014, the Review
Bench of the Supreme Court indicated that it assumed jurisdiction over the matter to
avoid the High Court rendering a contrary decision from its own.
‘Tals matters
stand
now,
there
is a real danger
of the
High
It noted as follows
Court,
which
is the
appropriate forum that this Court referred to may itself give a contrary and conflicting
decision quite apart from what this Court has given. The
review application
in our
opinion is an opportunity for the Supreme Court to level up the playing field and give
'4 Application No. 013/2011.
and Others v. Burkina Faso,
'S Application No. 004/2013.
Others v Burkina Faso §§ 92
Judgment of 28/03/2014 (Merits), Beneficiaries of the Late Norbert Zongo
§ 68.
Judgment of 5/12/2014 (Merits) Beneficiaries of the Late Norbert Zongo and
and 96.
SA.
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