47. If one of these criteria is lacking, the requirement to exhaust local remedies under Article 56(5) of the African Charter can therefore not be met. 48. In this Communication, the Complainants contend that local remedies are not available, effective and sufficient to provide redress due to the large number of victims, the serious and massive nature of the violations and the low income of victims who cannot access legal aid. 49. In this regard, the Commission refers to its jurisprudence on the futility of exhausting local remedies in cases of serious and widespread human rights violations. In Open Society Justice Initiative v. Cote d'Ivoire, the Commission concluded that the seriousness of the violations and the large number of victims concerned made the remedies unavailable and their exhaustion practically useless.'? 50. Regarding this Communication, the Commission notes that the prospect of success is a determining factor in the exhaustion of local remedies, given the low level of income of victims who are unable to access legal aid. 51. The Commission, also notes that one of the rights allegedly violated in the present Communication, namely the right to health-is .. included under Chapter II on Fundamental Objectives and Directive Principles of State Policy, which cannot be litigated under Section 6(6)(c)of the Constitution. 52. Section 6(6)(c) of the Constitution seeks to make economic, social and cultural rights immune froD;1litigation;however, Nigerian courts and the Commission have taken a progressive view on the litigation of such rights, as evidenced in Socio Economic Rights ~'ang AccQuntability Project v. Nigeria, in which the Commission concluded that" all the Nigerian cases cited above are aimed at establishing the fact that socio-economic rights can be litigated in Nigerian courts" .20 53. Irrespective of this, the Commission observes that Section 6(6)(c) of the Constitution, which has not been repealed or amended by the Respondent State, will have an impact on the prospect of success of cases at the national level regarding violations of economic, social and cultural rights, in particular the right to health. 9