13. The Secretariat also sent a letter referenced ACHPR/COMM 273/2002 by electronic mail and by post on 3rd December 2003 reminding the Complainant to submit his arguments on admissibility. The Secretariat further informed the Complainant of the difficulties encountered in contacting him and requested information as to whether the victim was still detained and about the conditions of his detention. 14. On 19th April 2004, the Secretariat of the [African] Commission sent a letter to the Complainant again by post informing him that since it had not received any information despite constant reminders, [the] African Commission had decided to postpone the case for consideration to its 36th Session. The letter further pointed out that if by the end [of] July 2004 it did not receive any information enabling it to rule on the admissibility of the complaint it would be compelled to strike the complaint from its register for lack of interest by the Complainant. 15. On 20th April 2004, a copy of the letter to the Complainant was sent to the Complainant through the Nigerian National Human Rights Commission, which, some weeks later, informed the Secretariat of its inability to trace the Complainant at the indicated address. 16. On 25th May 2004, the Secretariat of the African Commission received an electronic message from the Complainant, through a one Mr Gerald Abonyi, informing the African Commission that the organisation was withdrawing its complaint. He specified that his organisation would, from henceforth, stop all correspondence on the subject. 17. At its 35th Ordinary Session, which was held in May/June 2004 in Banjul, The Gambia, the African Commission realized that the request for withdrawal of the complaint came from the email address of the Complainant but not from the usual correspondent in this case (Mr Ekene Chukwu, Secretary General of CADSJCRHW). The [African] Commission requested the Secretariat to send him a note for confirmation on whether the request for withdrawal was genuine. 18. On the 21st June 2004, the Secretariat sent a letter requesting clarifications and confirmation of the request for withdrawal of the complaint from the CADSJCRHW. However, no response was received from the Complainant. 19. During its 36th Ordinary Session held in Dakar, Senegal from 22nd November to 7th December 2004 the African Commission decided to give the Complainant one last chance to confirm withdrawal of his complaint. 20. The Secretariat via a letter dated 23rd December 2004 requested the Complainant to confirm withdrawal of the complaint. However, to date no response to the request has been received by the Secretariat. Law Admissibility 21. Article 56 of the African Charter provides that communications referred to in Article 55, in order for them to be considered, must necessarily be sent to the African Commission after exhaustion of local remedies if any, unless it is obvious that this procedure is unduly prolonged. 22. It is worth noting in the case under study, that from the date the Complaint was submitted to the Secretariat of the African Commission (17th March 2003) and in spite of several letters sent to request the Complainant and the Respondent State to submit on admissibility, there were no responses. 23. The Complainant in May 2004 requested the withdrawal of the Complaint via email and again despite various efforts to get a written confirmation of the withdrawal the same was not forthcoming to date. Holding 24. Consequently, the African Commission decides to close the file for lack of further interest in the communication by the Complainant. Adopted at the 37th Ordinary Session of the African Commission held from 27th April to 11th May 2005 in Banjul, The Gambia. 2