42. The Court notes that the Respondent State’s Constitutional Court has
jurisdiction to hear allegations of human rights violations11 and it has
consistently held that the remedy before the Respondent State’s
Constitutional Court is available, effective and sufficient.12
43. The Court notes that in the present case, on 18 December 2017, the
Applicant filed a petition with the Constitutional Court challenging the
constitutionality of Article 6(1)(3) and (4) of the Law of 24 August 2004, in
which he alleged the violation of the relevant provisions of the Charter, the
Maputo Protocol, the ICCPR and the CEDAW, as he does in the instant
Application. The petition was declared inadmissible by decision of 1
February 2018. This decision is not subject to appeal in accordance with
Article 124(1)13 of the Respondent State’s Constitution.
44. In light of the foregoing, the Court holds that the Applicant exhausted local
remedies and the application meets the requirements of Rule 50(2)(e) of the
Rules.
45. With regard to the requirement under Rule 50(2)(f) of the Rules that an
application be filed within a reasonable time, the Court has held that the
§§ 92 and 108; Sébastien Germain Marie Akoué Ajavon v. Republic of Benin (merits and reparations)
(4 December 2020) 4 AfCLR 133, § 99.
11 Article 114 of the Constitution of Benin stipulates that: “The Constitutional Court shall be the highest
court of the State in constitutional matters”. It shall be the judge of the constitutionality of laws and it
shall guarantee the fundamental rights of the human person and public freedoms (…)” Under Article 122
of the Constitution: “Any citizen may complain to the Constitutional Court about the constitutionality of
laws, either directly or by raising before a court of law an objection of unconstitutionality with respect to
a matter which concerns him”.
Article 22. Law No. 91-009 of 4 March 1991 amended by the Law of 31 May 2001 “Similarly, laws and
regulatory acts alleged to infringe fundamental human rights and public freedoms, and in general, on
the violation of human rights, are referred to the Constitutional Court either by the President of the
Republic, or by any citizen, association or non-governmental organisation for the defence of human
rights. See, in the same vein, Houngue Éric Noudehouenou v. Republic of Benin, ACtHPR, Application
No. 028/2020, Judgment of 1 December 2022 (merits and remedies), § 50.
12 Mama Seydou Samiratou v. Republic of Benin, ACtHPR, Application No. 054/2019, Judgment of 5
September 2023, § 45; Laurent Mètognon and others v. Republic of Benin, ACtHPR, Application No.
031/2018, Judgment of 24 March 2022, § 63.
13Article 124(1) of the Constitution states: "The decisions of the Constitutional Court are not subject to
appeal”.
12