Court points out that the requirement of exhaustion of local remedies is
assessed as at the date on which the Application is lodged with it.16
Consequently, an applicant cannot rely on circumstances arising after that
date as a valid justification for dispensing with the requirement of exhaustion
of local remedies.
38. In this regard, the Court notes that one Conaïde Akouedjenoudje seized the
Constitutional Court on 16 August 2019, which court rendered its decision
on 18 June 2020. As this decision, invoked by the Applicant in support of
his arguments came after the filing of the present Application on 6 August
2019, the Applicant cannot rely on it to justify his failure to exhaust local
remedies in the present case. Accordingly, the Court also dismisses this
contention.
39. In the light of the foregoing, the Court considers that the Applicant’s
arguments lack merit, and that he should have exhausted local remedies
before seizing it.
40. Accordingly, the Court upholds the objection based on non-exhaustion of
local remedies and considers that the Application fails to comply with the
requirement of Rule 50(2)(e) of the Rules.
B. Other admissibility requirements
41. Having found that the Application does not satisfy Rule 50(2)(e) of the
Rules, and since the admissibility requirements are cumulative,17 the Court
does not need to rule on the other admissibility requirements.18
42. Consequently, the Court holds that the Application is inadmissible.
16 Sébastien Germain Marie Aikoue v. Republic of Benin (jurisdiction and admissibility) (2 December
2021) 5 AfCLR 623, § 79.
17 Mariam Kouma and Ousmane Diabaté Republic of Mali (jurisdiction and admissibility) (21 March
2018) 2 AfCLR 237, § 63; Rutabingwa Chrysanthe Republic of Rwanda (jurisdiction and admissibility)
(11 May 2018) 2 AfCLR 361, § 48; Collectif des anciens travailleurs ALS Republic of Mali, AfCHPR,
Application No 042/2015, Judgment of 28 March 2019 (jurisdiction and admissibility), § 39.
18 Ibid.
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