its previous jurisprudence,42 it held that the Complainant must seek to
take all necessary steps to remedy their grievances at the national level
and not merely cast doubts or aspersions on the futility of approaching
the local courts or appealing to a higher judicial body.
104.
The Complainants’ reliance on the conduct of the National
Electoral Board and the Federal Supreme Court in cases relating to the
2010 election petition as reasons for not approaching the local courts
with election grievances relating to the 2015 elections cannot amount
to justifications for not exhausting local remedies.
105.
The above notwithstanding, according to the Complainants’
submissions, the Commission notes in the present Communication
that complaints were filed before the National Electoral Board, and
nothing came out of the complaints. The Commission also notes that
the Court of Cassation had previously ruled that there is no legal basis
to contest the National Electoral Board and Federal Supreme Court
decisions. No fora existed in the Respondent State that could provide
the Victims with effective redress of the right to vote during the May
2015 elections. Therefore, while local remedies may be available, they
do not seem effective or sufficient as they do not offer prospects of
success and, consequently, may be incapable of redressing the present
complaint.
106.
In addition, regardless of the Victims’ failure to approach
domestic courts due to the conduct of the National Electoral Board and
the Federal Supreme Court, the Commission has previously adjudged
that local remedies will be considered unavailable, ineffective, and
inadequate where the State has failed to investigate violations and
crimes brought to its attention.
107.
that:
Specifically, in Article 19 v Eritrea,43 the Commission adjudged
Whenever there is a crime that can be investigated and
prosecuted by the State on its own initiative, the State has
the obligation to move the criminal process forward to its
ultimate conclusion. In such cases, one cannot demand that
the Complainants, the Victims, or their family members
assume the task of exhausting domestic remedies when it is
up to the State to investigate the facts and bring the accused
42 Communication No 372/09 - Interights (on behalf of Gizaw Kebede and Kebede Tadesse) v. Ethiopia & Com.
299/05 - Anuak Justice Council v. Ethiopia.
43 n 29 above, para 72
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African Commission on Human and Peoples’ Rights
31 Bijilo Annex Layout, Kombo North District,
West Coast Region, The Gambia,
Phone: (220) 230 4361 Fax: (220) 441 05 04
Email: au-banjul@africa-union.org
https:/achpr.au.int/