Procedure
9. The complaint was dated 4th October 2002 and received at the Secretariat on 8th and 15th October 2002.
10. At its 32nd Ordinary Session held from 17th to 23rd October 2002 in Banjul, The Gambia, the African
Commission considered the complaint and decided to be seized thereof.
11. On 4th November 2002, the Secretariat wrote to the Complainant and Respondent State to inform them
of this decision and requested them to forward their submissions on admissibility before the 33rd Ordinary
Session of the Commission.
12. On 31st January 2003, the Respondent State forwarded its written submission on the admissibility of the
communication, which was forwarded to the Complainant.
13. On 3rd February 2003 (received on 6th February 2003), the Complainant forwarded its written
submission on the admissibility of the communication as requested by the African Commission. The
Secretariat forwarded a copy of the same to the Respondent State on 17th February 2003.
14. On 4rd March 2003, the Complainant forwarded its response to the submissions by the Respondent
State. The former also requested for leave to appear before the Commission at its 33rd Ordinary Session
for the purpose of making an oral submission.
15. On 8th May 2003, the Secretariat received the written submission of the Respondent State on the
admissibility of the complaint.
16. At its 33rd Ordinary Session held in Niamey, Niger from 15th to 29th May 2003, the African Commission
considered the communication and deferred its decision on admissibility to the next ordinary session
allowing the Complainant more time to forward written response to the Respondent State's reply on
admissibility, which was handed to the Complainant on 24th May 2003. Pending the final decision of the
African Commission on the issue, the latter also requested its Chairman to forward an urgent appeal letter
to His Excellency, President Paul Biya of the Republic of Cameroon respectfully urging him to ensure that
the Respondent State no further alienation of the land in question takes place.
17. Accordingly, the Chairman of the African Commission forwarded the said letter to His Excellency,
President Paul Biya of the Republic of Cameroon on 20th May 2003.
18. The Complainant forwarded its written response to the Respondent State's reply on 23rd August 2003.
19. At its 34th Ordinary Session held in Banjul, The Gambia from 6th to 20th November 2003, the African
Commission heard oral submissions of the parties and decided to defer its consideration on admissibility to
the 35th Ordinary Session. The parties were also requested to avail the Secretariat with copies of the
Constitutions of the Republic of Cameroon and relevant legislations cited in their respective submissions.
20. On 10th December 2003, the Secretariat wrote to the parties informing them of this decision.
21. At its 35th Ordinary Session held in Banjul, The Gambia from 21st May to 4th June 2004, the African
Commission deferred its decision on admissibility to the 36th Ordinary Session due to lack of time.
22. On 17th June 2004, the Secretariat wrote to the parties informing them of this decision.
23. During its 36th Ordinary Session that took place from 23rd November to 7th December 2004 in Dakar,
Senegal, the African Commission considered the communication.
Law
Admissibility
24. In its initial complaint dated 4th October 2002, the Complainant noted that it is mindful of the
requirement of exhausting local remedies under Article 56.5 of the African Charter. This rule is waived,
however, where it is obvious that the procedure for exhausting domestic remedies is "unduly prolonged"
and further, the Complainant holds, that the African Commission, in its jurisprudence, has cautioned
against the mechanical application of the domestic remedies rule particularly in "cases where it is
impractical or undesirable for complainant to seize the domestic courts in case of each violation" 1 . The
Complainant also cited the African Commission's jurisprudence on the need to exhaust local remedies in
the ACHPR Communication 155/96 Social and Economic Rights Action Center [and Center] for Economic
and Social Rights/Nigeria. The Complainant drew the Commission's attention to the fact that the
Government of Cameroon has had four decades during which it could have redressed these grievances
within the framework of its domestic legal system. It further argues that the Government instead was
2