a. If no domestic, remedies are available or there is unseasonable delay on the part of national Courts in granting the remedy b. Where the treaty establishing a tribunal excludes the application of the rule either exprecisly on by necessary implication. Indeed, the rule of local remedies should not constitute an unjustified impediment to access to the international remedies. The drafters of the Supplementary Protocol 2005 which created the human rights jurisdiction of this Court provides the conditions to be satisfied by Applicant before accessing this Court, namely i. The application must not be anonymous ii. The application must not be brought when same is already pending before another international Court. There is no requirement of the exhaustion of local remedies before accessing this Court. The Defendant argued that the Applicants failed to exhaust local remedies as a condition precedent for approaching this court and therefore in flagrant violation to articles 26, 50 and 56(5) of the African Charter on Human and Peoples Rights. We need to start by making it clear that the provisions relied upon by the Defendant is a procedural rule applicable by the African Court and this Court is not bound by the procedural provisions of the African Court. 25

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