error of law in the lower Courts decision; and the file was closed. The Appellants
appealed to the Federal Supreme Court‟s Cassation Bench and the Court found
that there was no error in law and the substance of the appeal was not
considered.
57. The Complainant argues that the case of Ato Bekele Welde Michael & 25 Ors v the
State therefore demonstrates that the Regional Supreme Court considers cases
similar to the Applicants only in instances where there has been an error of law.
The Cassation Court does not consider the substance of cases. The law provides
that in cases where they contain fundamental errors of law, the Federal Supreme
Court shall have the power of cassation over the final decisions of the Regional
Supreme Court rendered as a regular division or in its appellate capacity 16. For
these reasons, the Complainant submits that the Applicants case would not have
been considered by the superior Regional or Federal Courts given the above
settled legal opinion.
58. The Complainant submits that the African Commission should follow its
jurisprudence that if a Complainant cannot make use of a remedy in the
circumstances of his case such remedy is unavailable17.Therefore in a case where
the remedy exists in theory but the Applicants cannot use it to address their
grievances in practice; those remedies are in effect unavailable. The Complainant
further submit that the remedies are also insufficient since the existing local
remedies do not adequately deal with the problem, because in an analogous case,
the Courts held that there was no error in the lower Courts decision and they
could not therefore proceed to consider the substance of the case.
Article 10(2) Federal Negarita Gazeta of the Federal Democratic Republic of Ethiopia, 2nd Year No.
13, 1991.
17 Jawara v Gambia, op. cit., para 33.
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