Applications filed before the Court shall comply with all of the following
conditions:
a.
Indicate their authors, even if the latter request anonymity;
b.
Are compatible with the Constitutive Act of the African Union
and with the Charter;
c.
Are not written in disparaging or insulting language directed
against the State concerned and its institutions or the African
Union;
d.
Are not based exclusively on news disseminated through the
mass media;
e.
Are sent after exhausting local remedies, if any, unless it is
obvious that this procedure is unduly prolonged;
f.
Are submitted within a reasonable time from the date local
remedies were exhausted or from the date the Commission is
seized with the matter, and;
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 Charter of the Organization of African
Unity or the provisions of the Charter.
40. The Court notes that the Respondent State raises an objection based on
non-exhaustion of local remedies. The Court will rule on the said objection
before examining the other admissibility requirements, if necessary.
A. Objection to admissibility based on failure to exhaust local remedies
41. The Respondent State submits that the Application is inadmissible for
failure to exhaust local remedies, insofar as the case is still pending before
the domestic courts.
42. It submits, in effect, that the Applicant should have exhausted the said
remedies since notarial deed attached to the Application affords the
Applicant an avenue to initiate civil actions in domestic courts to recover his
debt, but he failed to do so.
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