EX.CL/717 (XX) Page 60 37. Regarding Article 56 (7) of the African Charter, the Complainant avers that the present Communication is not being considered by another international or regional mechanism, nor has it been previously settled by any of them. The Respondent State’s Submissions On Admissibility 38. In its submission on Admissibility, the Respondent State urged the African Commission “to strike out the Communication as it is an abuse of the process of the Commission.” It submits that the present Communication should not be Admissible for the non-fulfilement of Article 56 (4), (5) and (6) of the Charter. 39. According to the Respondent State, the Complaint does not fulfil the requirement of Article 56 (5) of the African Charter related to the exhaustion of local remedies. It submits that, “the incident complained of is envisaged and effectively covered by local legislation providing for local remedies.” 40. It further submits that the Complainant “did not attempt any form of utilization of such local remedies,” which are available and accessible, before submitting a Communication about the incident to the African Commission. 41. To substantiate its submission, the Respondent State submits that, the domestic law of Tort; Section 11 (5) of Oil Pipelines Act LFN 2004, provides several remedies for the victims in case of pipeline explosions. 42. Furthermore, the Respondent State submits that, under Sections 33, 35, 36, 42 and 46 of the Nigerian Constitution, victims have the “unfettered right of action.” It adds that, Section 46 of the Nigerian Constitution expressly mandates the State to provide them with legal representation. The African Commission’s Analysis On Admissibility 43. In order for a Communication to be admissible before the African Commission, they have to fulfill all the seven requirements of Article 56 of the African Charter. The African Commission has affirmed in its jurisprudence that those requirements are cumulative, meaning that, if any one of them is absent, the Communication will be declared inadmissible.36 44. In the present Communication, the Complainant submits that they have complied with six of the seven requirements enumerated in Article 56 of the African Charter. The Complainant requests the African Commission to waive the requirement under Article 56 (5) of the African Charter that is related to the exhaustion of local remedies due to the lack of adequate or effective domestic remedies that exist to address the violations alleged in the Communication. 36 See Communication 284/03 – Zimbabwe Lawyers for Human Rights & Associated Newspapers of Zimbabwe v Republic of Zimbabwe (2009) ACHPR para 81, and Communication 299/05 - Anuak Justice Council v Ethiopia (2006) ACHPR para. 44.