g.
Do not deal with cases which have been settled by those States
involved in accordance with the principles of the Charter of the
United Nations, or the Constitutive Act of African Union or the
provisions of the Charter.
35. The Court observes that the Respondent State objects to the admissibility
of the Application based on the non-exhaustion of local remedies. The Court
will, therefore, consider the said objection first before examining other
admissibility requirements, if necessary.
A. Objection based on failure to exhaust local remedies
36. The Respondent State contends that the Applicants have not fulfilled the
admissibility requirements provided under Rule 50(2)(e) of the Rules, as
they did not exhaust all local remedies before filling this Application.
37. In support of its position, the Respondent State contends that the Applicants’
failure to institute a constitutional petition before its High Court, under the
Basic Rights and Duties Enforcement Act, is clear evidence that they have
not afforded it the opportunity to address the allegations within the
framework of its domestic legal system.
38. The Respondent State further contends that the Applicants did not raise any
of the grievances, they raise before this Court as grounds of appeal before
the Court of Appeal.
*
39. The Applicants submit that they exhausted all local remedies by filing an
appeal with the Court of Appeal. They also allege, without offering any proof,
that they filed an application for review of the Court of Appeal’s judgment
but that no decision had been rendered on that.
***
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