ACHPR African Commission on Human and Peoples' Rights Human Right s our Collective Responsibility available remedy is one where 'the petitioner can pursue it without impediment'. 24 An effective remedy will be one that 'offers a prospect of success.' 25A remedy will be sufficient 'if it is capable of redressing the complaint.' 26 51. The Commission recalls that an effective remedy will be one that 'offers a prospect of success', 27 and 'upon success, the appropriate relief is one that is capable of adequately and timely redressing the specific violation suffered' .28 It should also be noted that a prospect of success of a remedy need not be 'certainty or guarantee of a favourable outcome for the complainant' but simply an assurance of full and fair examination of the legal issues and arguments. 29 In determining the propensity of a remedy to offer real prospects of success the Commission will assess the nature of the complaint, the 'general legal and political context' of the remedies, and the complainant's personal circumstances.30 52. The Complainants argue that they exhausted local remedies when they approached the Constitutional Court which is the highest Court in the Respondent State. The Respondent State contends that the Complainants did exhaust local remedies because they did not file their appeal against the decision of the JSC in the High Court but rather approached the Supreme Court of Appeal and then subsequently, the High Court. 53. It is prudent here for the Commission to clarify a misunderstanding of the facts that has occurred between the parties. It appears that the Respondent State is of the impression that the dispute here arises from the JSC decision and not the High Court decision on the three applications. The Commission is of the view that the principal dispute arises from the High Court decision and the litigation that ensued from that point rightly commenced with an application for leave to appeal in the High Court. 24 Communication 317 / 2006 - The Nubian Community in Kenya vs The Republic of Kenya, 30 May 2016, para 55. 25 Communication 147/95-149/96: Sir Dawda K. Jawara v Gambia (The), 11 May 2000, para 31. 26 Communication 147/95-149/96: Sir Dawda K. Jawara v Gambia (The), 11 May 200 ;i...t:li::::===:::::-... 27 Communication 147/95-149/96: Sir Dawda K. Jawara v Gambia (The), 11 May 2 28 Communication 445/13- Human Rights Council and Others v. Ethiopia, 19 May 2 29 Communication 445/ 13- Human Rights Council and Others v. Ethiopia, 19 May 2 3 Communication 445/ 13- Human Rights Council and Others v. Ethiopia, 19 May 2 ° 10 I Page A~n{'t~) The African Commission o Union\!;, 31 Bijilo Ann Fm;1il · ~1 1- h:::1ni1,lln)~frir.::1-1minn nrn

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