as the ultimate decisions of the House of Federation. Thus both the CCI and House of
Federation are required to conduct a constitutional review and decide according law.
The decisions are legally binding and all government bodies and officials are legally
bound to implement them.
71. Remarkably, the Respondent State has referred the Commission to the case of
Melaku Fenta to illustrate that the remedy of constitutional review works in practice.55
In that case, Art. 8(1) of Proclamation 25/1996 was declared unconstitutional for being
inconsistent with the rights to appeal and equal protection of the law. Consequently, the
trial of Mr. Melaku Fenta before the Federal Supreme Court was averted and thecase
was remitted to the Federal High Court. The Commission finds this case comparable to
the present complaint in that certain provisions of Proclamation 621/2009 (a federal
law) and the measures taken under it (freezing of bank accounts by the CSO Agency, a
government body) are challenged as violative of fundamental rights under the Charter,
which rights are also guaranteed under the FDRE Constitution.
72. The Commission is satisfied that a constitutional review is clearly a legal action
that may lead to the redress of the complainant grievances at the domestic level56, and
in this regard it is designed for vindication of rights as opposed to obtaining favours.
Accordingly, a constitution review ought to have been pursued and exhausted at the
domestic level. The Complainants did not even attempt it despite that possibility in the
context of proceedings before regular courts or indeed outside of such proceedings.
Instead, the first Complainant completely disregarded a constitutional review on its
own opinion that such a procedure was not relevant to its grievances. This view as the
Commission has concluded above is not supported by the nature of the complaint and
constitutional review as a remedy.
73. In light of the nature, practicality and effectiveness of a constitutional review as
considered above and illustrated by the Melaku Fenta Case, the Complainants’ view
about the inefficacy of a constitutional review amounts to mere theoretical
apprehensions. As held in Anuak Justice Council v Ethiopia such apprehensions cannot
absolve a Complainant from the obligation to pursue and exhaust local remedies which
present a likelihood of success.57 The first Complainant outright ignored a constitutional
review as a remedy and opted for proceedings before regular courts which do not have
55
See above paragraphs 35 and 36
56
Communication 299/05 - Anuak Justice Council v Ethiopia (2006) ACHPR para. 50
Id, para. 58;
57
22 | P a g e