The Applicant thus submits that there is no remedy for his grievance within the
Respondent State.
35. Thirdly,
the
Applicant
contends
Enforcement Act,
a person
violation
by articles
covered
that
under
the
Basic
Rights
can only go to court if he alleges
12 to 29 of the Respondent
and
Duties
a human
State’s
rights
Constitution.
According to the Applicant, the violation he is alleging arises from article 41(7) of
the Respondent State’s Constitution and is not covered by the remedies offered
under the Basic Rights and Duties Enforcement Act. The Applicant thus submits
that there is no remedy for him to exhaust in the Respondent State.
ke
36. The Court reiterates that, in accordance with Article 56(5) of the Charter and Rule
40(5)
of the Rules, for an Application
exhausting
local
remedies,
if any,
to be admissible
unless
it is obvious
it must
be filed
“after
[to the
Court] that this
procedure is unduly prolonged’.
37. The Court recalls that for purposes of exhausting local remedies an Applicant is
only
required
to
exhaust
sufficient.2 As confirmed
judicial
remedies
that
by both the Commission
are
available,
effective
and the Court,
and
a remedy
is
available if it can be utilised as a matter of fact without impediment; a remedy is
effective if it offers a real prospect of success; and a remedy is sufficient if it is
capable of redressing the wrong complained against. However, the Court has
always
considered
unavailable,
that there is an exception to this rule if local remedies
ineffective
or
insufficient,
2 Sir Dawda K Jawara v. The Gambia, (2000) AHRLR
3 Ibid.
10
or if the
procedure
107 (ACHPR 2000) §§ 31-32.
for
obtaining
are
such