00c52?
conclusive factual reasons, thc Court has gone too far beyond the margin, thereby
denying Article 56 (61 ofthe Charter and Rule 40 (6) ofthe Rules of Procedure any
meaninglul etfect. lt has widely opened a door that will be very difficult for it to
closc and, morcover, this would not encourage States to make the Declaration
accepting the competence of the Courts to reccivc petitions from individuals and
NGOs, pursuant to Article 34(6) ofthe Protocol.
15. In the instant case, it should be noted that the Applicant did not hasten to seize the Court.
Ile waited until 26 May 2017 to do so. lhroughout this period, he spent time seeking
other rcmcdics internally (request for presidential pardon)e and betbre an international
tribunal ('l'he Human Rights Comnr ittee), which are not considcred by the African Court
as remedies that had to be exhausted. This is clearly pointed out in paragraph 57 ofthe
J
udgmcnt.
16.
According to the Court's settled case-law, the request for presidential pardon is
not considered as an LR to be exhausted by the applicants. Consequently, the date
on which the request for pardon was denied cannot be considered as a starting
point for the calculation of the time limit for bringing an application befbre the
African Court. ln its judgment of 3 f une 20'1.6, in Mohamed Abubakari v. United
Republic of T'anzania, the Court held that "the remedies that must be exhausted [by
the Applicants] are ordinary judiciat remedies". Obviously, the request for
presidential pardon does not fall into this category.
17.
Similarly, recourse to an international. univcrsal or regional judicial or non-judicial
body cannot constitute an LR. lt is by definition an external remedy whose
admissibility is predicated upon the exhaustion of LRs. ln its Views, on 27 of March
2014, the CDR noted that [Thc Committee has ascertained, as it is required to do in
accordance with the provisions of article 5(2Xa) of the Optional Protocol, that thc same
question was no1 under consideration befbre another international body for purposes of
invcstigation or setllement. lt notes thal domestic remedies have been exhausted. The
-fhe
State Party has not challenged this finding.
requirements set lorth in Article 5(2Xa)
ol'the C)ptional Protocol are therefbre lulfilled.l
ofthe dilatory tactics ofthe Respondent State, decided
to seize this Court six years and two months after the delivery of the Supreme
18. ln fact, the Applicant, weary
Court judgment dismissing his appeal and upholding his sentence, and more than
four years later, the Views of the HRC. For this Court, all these facts are of no
moment!
')'lhe Republic ofGhana
is one ofthe 29 States that respected the moratorium on executions. In case ofa death
penalry, it is customary to seek a presidential pardon.
'i'he President oI Chana has alrvays commuted death penalties to life imprisonment. Thus, in 2009, the outgoing
Prcsident of Ghana, John Agyckum Kufuor, com nluted thc pena)tics of all those who had been sentenced to death to
life irr plisolirDert, or to an irnprisonrnenL Lerm uf twenty years for those who had spent a decade on death row. In the
sarne vein, lhose who had received a death peoalty but had fallen seriously ill were released tbllowing a medical
report to that effect. We have no information as to whether Applicant Dexter Eddie lohnson benefitted from such a
m e;1s u re.
l1!J/__. tt]a't'.p!tn!Llcpbrt.ot s LloLtoltent JJE I ( ;t'd,.,! t.)/_!fdt!lJJ!!1!-:!-l!!!11!J:2!tdSJt!t(s pprt
Also. rn 2014, on the occasion of the 54th anniversary of the Republic of Chana, President John Dramani Mahama
cummuted the death penalties of
21
inmates to Iife imprisonment,
4