56. Therefore, it is the Commission's view that, the application for leave to appeal having been dismissed by all the Courts in the Respondent State, the Complainant should allow the Courts in the Respondent State to hear the matter on its merits, by going back to the High Court, where the main review application under case number: 2172/2019 is still pending for hearing. 57. The Commission has held in several communications such as in Tsatsu Tsikata v. Ghana; Kenyan Section of the International Commission of Jurists, Law Society or Kenya and in Kituo Cha Sheria v. Kenya and Interights (on behalf of Jose Domingos Sikunda) v. Namibia, that the Complainants brought the matter before it prior to exhausting domestic remedies, indeed while the matter was still pending before the High Courts of the Respondent States and as such, domestic remedies were not exhausted. 58. In line with the above reasoning, the Commission finds thatthe Complainant has not exhausted local remedies ·in accordance with Article 56(~) of the African Charter. 59. Article 56(6) of the African Charter states that Communications relating to human and Peoples' Rights ... shall be considered if they: are submitted within a reasonable period from the time local remedies are exhausted, or from the date the Commission is seized with the matter". The Complainant submits that the Communication was filed within a reasonable time from the date of exhaustion of local remedies. The highest court of the Respondent State, i.e. the Constitutional Court, handed down its Order on 03 May 2021 and this Communication was,filed before the Commission before the end of June 2021, which is two (2) months from the date of the Court Order handed down by the Constitutional Court. The Commission in Promoting Justice for Women and Children (PROJUST NGO) V. DRC 6 held that, where article 56(5) has not been compiled with, there is no reason to proceed to consider article 56(6) as it will conclude that the latter . is not compiled with. With the same reasoning therefore, the Commission having decided above that local remedies were not exhausted, conclude that Article 56 (6) of the African Charter has not been not complied with. 60. Article 56(7) of the African Charter states that "Communications relating to human and Peoples' Rights... shall be considered if they: do not deal with cases which have been settled by these states involved in accordance with the principles of the Cllarter of the United Nations, or the Charter of the Organisation of African Unity or the provisions of the present Charter." 'The Complainant states that this Communication has not been settled by any international body and as such

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