004084
111.
The Court notes that the judicial proceedings conducted in 2016 and the
proceedings before CRIET in 2018 have a nexus of continuity and the Court will
consider the issue of exhaustion of local remedies globally on account of this link.
112.
The Court notes that generally and as concerns all the remedies that the
Applicant could have exercised in 2016 (remedy before the Constitutional Court,
remedy on the basis of Article 206 of the Code of Criminal Procedure, remedy
before administrative jurisdictions) the circumstances surrounding the Prosecutor
General's appeal and CRIET's Judgment in 2018 confirm the Applicant's
apprehensions regarding their effectiveness .
113.
With regard, in particular, to the remedy provided under Article 206 of the Benin
Code of Criminal Procedure, the Court notes that there was evidence of judicial
malfunction to the point of making the said remedy unavailable to the Applicant.
The Court holds that the parties acknowledged that the appeal lodged by the
Prosecutor General against the Judgment of 4 November 2016 had not been
served on the Applicant, and that the recording of the same in the register of
appeals in the Court Registry was done on 26 December 2016, after the Applicant
had received an attestation precluding him from appealing or filing an Application
to set aside the judgment. Hence, it is apparent that the Prosecutor General's
appeal in the end placed the Applicant in a state of confusion, such that he could
not utilise the remedy provided under Article 206 of the Benin Code of Criminal
Procedure, and this , ipso facto rendered the remedy unavailable. Thus , failure in
the obligation to effect service was transformed into an impediment for the
Applicant to exercise the local remedies and exhaust them.
114.
Regarding the remedies before administrative courts , the Court notes that,
against the decisions taken by HAAC and the customs administration , the
Applicant brought two actions for annulment for abuse of power. The Court further
notes that the two appeals filed, respectively, under No. COTO/2017/RP/01759
dated 15 February 2016, did not generate any court decision, at least until the
Applicant's trial before CRIET, thus contributing to fuelling the mistrust or suspicion
I