005065 62.The Court notes that the High Court of Ghana has original jurisdiction to consider claims for enforcement of human rights by virtue of Article 33 (1) of the Constitution of the Respondent State. 63. The issue for determination before this Court is whether filing a claim at the High Court regarding the alleged violation of the Applicant’s human rights by the Supreme Court would have been an effective remedy if the Applicant pursued it before bringing the Application before this Court. 64.In Norbert Zongo v. Burkina Faso this Court held that “in ordinary language, effective refers to that which produces the expected being result... the effectiveness of a remedy is therefore measured in terms of ifs ability to solve the problem raised by the Applicant.”'4 The Court reaffirmed this in the case of Lohé [ssa Konaté v Burkina Faso where it also noted that a remedy is effective if it can be pursued by the Applicant without any impediment.1® 65. The Court finds that, in the circumstances of this case, even though the High Court has original jurisdiction on human rights, it would have been unreasonable to require the Applicant to file a claim before it to call into question, a decision of the Supreme Court, whose decisions are binding on subordinate courts. 66. This position is buttressed by the fact that in its decision of 29 July 2014, the Review Bench of the Supreme Court indicated that it assumed jurisdiction over the matter to avoid the High Court rendering a contrary decision from its own. ‘Tals matters stand now, there is a real danger of the High It noted as follows Court, which is the appropriate forum that this Court referred to may itself give a contrary and conflicting decision quite apart from what this Court has given. The review application in our opinion is an opportunity for the Supreme Court to level up the playing field and give '4 Application No. 013/2011. and Others v. Burkina Faso, 'S Application No. 004/2013. Others v Burkina Faso §§ 92 Judgment of 28/03/2014 (Merits), Beneficiaries of the Late Norbert Zongo § 68. Judgment of 5/12/2014 (Merits) Beneficiaries of the Late Norbert Zongo and and 96. SA. ofl wif ye , ~

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