Operator, decided to set up Nigeria’s Liquefied Natural Gas Project at Bonny. This was in a bid to harness Nigeria’s huge gas resources. However, the environmental impact assessment which is obligatory was not carried out until after the project was underway, and a private citizen’s suit, challenging this was initially thrown out for lack of locus standi. The case was appealed and the Court of Appeal in Nigeria upheld the justiciability of an action brought on the basis of Article 24 of the 11 African Charter (Ratification and Enforcement) Act. 69. All the Nigerian cases cited above are aimed at establishing the fact that socio-economic rights can be litigated in Nigerian courts. Thus the Complainant could have made attempts to utilise the local remedies available instead of making presumptions that this complaint would not be heard since Nigerian courts do not generally regard economic and social rights as legally enforceable human rights. The African Commission thus holds that the complainant has not utilised the domestic remedies available and has not demonstrated why this could not be done. Holding For the reasons outlined above, the African Commission declares this communication inadmissible. th Adopted at the 5 Extraordinary Session of the African Commission on Human and Peoples’ Rights, st th 21 to 29 July 2008, Banjul, The Gambia. Footnotes 1. See communications 25/89, 47/90, 56/91, 100/93 Free Legal Assistance Group and Others / Zaire; 74/92 Commission nationale des droits de l’Homme et libertés / Chad; 83/92, Jean Y Degli (on behalf of N Bikagni)/Togo. 10. (1994) 9 NWLR (pt 336) 1, 26-27. 11. (1999) 2 NWLR (pt 591) 466. 2. See para. 32 of communications 147/95 and 149/96. 3. (1981) 2 NCLR 358. 4. (1998) 1 NWLR (pt 559) 598 at 612. 5. (2004) All FWLR (pt 231) 1209 1235-1236. 6. See communication 275/03 Article 19 v Eritrea, para. 67. 7. Communication 560/1993, UN Doc CCPR/C/59/D/560/1993 (1997). 8. Communication 307/05, para. 84. 9. (2000) 6 NWLR (pt 600) 228.