005064
one harmonious judgement for all the persons connected with the 26th April, 2006
CAN 2008 Stadia Agreements and other related matters to know their positions and
bring everything to closure.”
67. It should also be noted that the Respondent State did not provide proof of decisions
showing
that the High
Court
has considered
claims of violations of human
rights
committed by the Supreme Court, as is alleged in the instant case.
68. The Court is therefore of the view that pursuing such a claim at the High Court would
not have
been
capable
of addressing
the Applicant's grievances
and would
have
therefore been an ineffective remedy. The Court finds that although local remedies
were
available
they
would
not
have
been
effective
to
address
the
Applicant's
grievances.
69. Regarding the claim that the execution proceedings relating to the judgment debt of
Ghana
Cedis Fifty-One Million, Two
Hundred
and Ejighty-Three,
Four Hundred
and
Eighty and Fifty-Nine Pesewas (GHC 51, 283, 480.59) was pending before domestic
courts when this Application was filed, the Court notes that, the basis of the Applicant’s
claim before it is the decision of the Review Bench of the Supreme Court which was
delivered on 29 July 2014. The execution proceedings are immaterial to the Court's
determination of whether or not the Applicant exhausted local remedies.
10. The Court therefore finds that the Respondent
State’s objection that the Applicant
failed to exhaust local remedies has no merit and is dismissed.
ii.
Objection on the ground that the Application was not filed within a
reasonable time
‘1 _The Respondent State contends that the Application was not filed within a reasonable
time after exhaustion of local remedies and is therefore not compliant with Article 56(6)
of the Charter and Rule 40(6) of the Rules.