59. In conclusion, the Complainant submits that based on the above, the Complaint
is compatible with the African Charter and that local remedies have been
exhausted because appealing to the higher Courts serves no purpose, when it is
clear as has been illustrated above, that the procedures in those Courts would not
address the substance of their matter and thus the violations they have suffered.
For these reasons, the remedies asserted by the Respondent State do not met the
requirements for a remedy which they were required to exhaust, in that they are
ineffective, unavailable and insufficient.
The African Commission’s Analysis on Admissibility
60. The Admissibility of Communications within the African Commission is
governed by the requirements of Article 56 of the African Charter. This Article
provides seven requirements that must be met before the African Commission
can declare a Communication Admissible. If one of the conditions/requirements
is not met, the African Commission will declare the Communication
Inadmissible, unless the Complainant provides sufficient justifications why any
of the requirements could not be met.
61. The Complainant submits that the Communication complies with all the seven
requirements of Article 56 of the African Charter. The Respondent State on the
other hand, contends that the Complainant has complied with Article 56(2) and
(5) of the African Charter. The African Commission will thus proceed to analyse
these contended sub-articles.
62. Article 56(2) of the African Charter states that „Communications…received by the
Commission shall be considered if they are compatible with the Charter of the
Organisation of African Unity or with the present Charter.‟ The Complainant
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