for preliminary exhaustion of local remedies in article 10(d) is not a lacuna which
must be filled within the practice of the court for the Court cannot impose on
individuals more onerous conditions and formalities than those provided for by the
texts without infringing on the rights of such individuals.
The provisions of Article 10 (d) puts it quite succinctly clear that the access to this
court is not subject to exhaustion of local remedies as envisaged by the Customary
international law.
The Court has in its flourishing jurisprudence held that only Member States of the
Community can be brought before this Court. It therefore implies that the act of State
agents are attributable to the States.
In SERAP Vs President of the Federal Republic of Nigeria and 8ors (2010)
CCJELR, the Court held that only member states and institutions of the community
can be sued before it for human rights violations.
STATE RESPONSIBILITY.
It has been held in a plethora of cases that a state is responsible for the exuberant
actions or inactions of its agents.
The Inter-American Court of Human Rights in Velasquez Rodriguez V.
Honduras, Series C, No. 4, para. 170 (1988) said:
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