A. Objection to admissibility based on failure to exhaust local remedies
33. The Respondent State argues that the Applicant had the opportunity to raise
his grievances during the cross-examination of witnesses and as grounds
for appeal before the High Court and the Court of Appeal.
34. The Respondent State further argues that the Applicant had a legal remedy
available to him in the form of an application for review of the Court of
Appeal’s decision, under Article 66 of the 1979 Rules of the Court of Appeal,
as amended, if he considered that he had sufficient and convincing grounds.
The Respondent State asserts that, instead of pursuing the available
remedy, the Applicant prematurely seised this Court seeking reparation.
35. The Respondent State also contends that the Applicant could have filed a
constitutional petition under the Basic Rights and Duties Enforcement Act, Cap
3, to enforce the rights he believes were violated.
36. In support of its contention, the Respondent State cites the decision of the
African Commission on Human and Peoples’ Rights (the Commission) in
Sharingon and Others v. Tanzania where the Commission stated that it is
necessary to at least attempt to exhaust available remedies and that it is not
sufficient to merely question the merit of exhausting local remedies. The
Respondent State further submits that it is incumbent on the Applicant to
take all necessary steps to exhaust, or at least attempt to exhaust, local
remedies.
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37. For his part, the Applicant prays that the objection be dismissed. He
contends that all relevant judicial remedies were exhausted in the present
case, including before the High Court and the Court of Appeal, which is the
highest court of the Respondent State.
38. He further submits that the Respondent State’s arguments are unfounded
in this case, since the national legal system had an opportunity to address
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