"Abdidahir Warsam," who claimed ownership of part of the Complainant's farm,
and that the ruling also went against him.
45.
From his submissions, the Commission notes that the Complainant has made some
efforts to bring the case to the attention of the relevant authorities of the Respondent
State, including the Police, the Regional Court of Mudug, and the Appellate
Regional Court of Galmudug Region, but has not succeeded in recovering his
property. However, the Commission observes that despite the availability of higher
courts for the Complainant to contest the decision of the Galmudug Appellate
Regional Court, such as the Supreme Court of Galmudug, he chose not to pursue
this avenue.
46.
As per Article 5 of the Law on the Organization of the Judiciary/1 the Supreme Court
maintains jurisdiction across the entire Republic of Somali, with seats in "each
Mogadishu." This same provision states that the Supreme Court holds authority
over appeals from any courts within its appellate jurisdiction and appeals directly
addressed to it. Additionally, Article 10 of the Law specifies that appeals to the
Supreme Court in civil and criminal matters are centered on questions of law, such
as nullity of judgment or procedure, misapplication of legal provisions, lack of
jurisdiction, and insufficiency or contradiction in the grounds on which the decision
is based.
47.
In light of these legal provisions, the Commission acknowledges the existence of a
recourse for individuals dissatisfied with the Regional Appellate Court's ruling.
However, the Complainant has not indicated, in any of his submissions, that he had
taken any steps to approach the Supreme Court, nor has he claimed that it was
impossible. The only instance in which he approached the Supreme Court was to
request the transfer of the case and replacement of the judge, not to challenge the
final decision
Regional Appellate Court.
:¢§i"
f
48.
The Commission notes that the reasons presented by the Complainant regarding
alleged procedural irregularities in the Regional Appellate Court fall within the
purview of legal questions over which the Supreme Court holds jurisdiction. Thus,
the Commission believes that the Complainant could have appealed to the Supreme
Court, thereby fulfilling the requirement of exhausting local remedies. The
Commission underscored in the case of Patrick Okiring and Agupio Samsnda
that the local remedies of States should be utilised, to provide°
opportunity to address alleged wrongs within their domestic 1e{zai'fr§' . 6"
before international accountability is pursued.5
0
4 Law on the Organization of the Judiciary Law No. 3 OF 12 Jun 1962 https://clra.so/wp1
contenL"u )ioads/207 l.'0 I/_Iucliciuiv-Qrg_gl1izz1liol\-Law-Law-No.-3-oil l2-.lunc- l962-Final. dl`
5 Communication 339/2007, Patrick Okiring and Agupio Samson (represented by Human Right
WICCE) v. Republic of Uganda (ACHPR) para 58.
AUUA
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