ACHPR
African Commission on
Human and Peoples' Rights
Human Rights our
Collective Responsibility
116. The Commission wishes to reiterate its position as clarified in its jurisprudence
that in line with the principle of subsidiarity, and article 56(5) of the Charter which
requires the exhaustion of local remedies before filing communications with the
Commission, it does not serve as an 'appellate body' quoad national court decisions
and that, "in assessing the compatibility of the ruling of a national court with the
African Charter, the African Commission does not act as an appellate body with
powers to overrule the decisions of national courts, but simply discharges its
mandate of ensuring compliance by a State Party, with the provisions of the
African Charter in its interpretation and application of the law".22
117. As a matter of consequence, it has been held in Agnes Uwimana-Nkusi & saidati
Mukakibibi (represented by Media Legal Defence Initiative) v . Rwanda, "the Commission in
this particular case does not intend to examine whether the national courts applied
its national laws correctly to the facts, but rather, what the Commission will
determine is whether the law in itself, and the procedure of the Court in its
application of the law is consistent with the African Charter."23
118. Likewise, in the present instance, the Commission does not purport to examine
whether the Supreme Court and the JCPC applied the domestic law provisions
correctly to the facts, but rather, whether in interpreting and applying domestic law
including the Supreme Court Rules 2000 to the effect of preventing the Complainant
from litigating his case in person, they acted in a manner consistent with the African
Charter or otherwise.
Alleged violation ofArticle 3
119.
Article 3 of the African Charter provides :
"1. Every individual shall be equal before the law.
2. Every individual shall be entitled to equal protection of the law".
120. According to the Commission, equality before the law includes 'equality in the
administration of justice', meaning that 'all individuals should be subject to the
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