ACHPR
African Commission on
Human and Peoples' Rights
Hurnan Rights our
Collective Responsibility
no longer be under consideration under an international dispute-settlement
procedure" 32 Further, that the other international body must have decided the
case on the merits and there is a 'final settlement' by that body. 33 The settlement
must, as the Commission has previously stated, a human-right adjudicatory
body.34 In the present case, there is no evidence to suggest that this matter was
settled by another international adjudicatory body. It thus complies with subArticle 7 of the Charter.
COMMISSION'S DECISION ON ADMISSIBILITY
58. In view of the foregoing, the Commission declares the present Communication
admissible in accordance with Article 56 of the African Charter and
consequently as the parties have already made their submissions on the merits
the Commission will proceed to consider the merits and render its decision
thereon in due course.
MERITS
THE SUBMISSIONS OF THE COMPLAINANTS ON THE MERITS
59. It is the view of the Complainants that the Respondent State's Constitutional
Court, as the highest court or institution of appeal in the State Party failed to
adequately and reasonably address their case which violates their rights under
the Charter. 35 The Complainants argue that their rights were violated by the
Respondent State by virtue of the Courts:
(i)
Failing to consider that the main Complainants were self represented lay litigants
and that their case should have been
constnted generously and in the light most
favorable to the litigant";
Adjudicating the matter on a mere procedural technicalihJ, to wit "urgency";
Failing to have considered that the matter should proceed on a normal basis if
urgenet; is not established;
Failing to adjudicate the constitutional questions and referencing them in the
judgment;
11
•••
(ii)
(iii)
(iv)
32
Communication 409/12, 30 April 2014, para 112.
Communication 260/ 02 : Bakweri Land Claims Committee v Cameroon, 4 Dec 2004, par
34
Communication 279/03-296/05 : Sudan Human Rights Organisation & Centre on Hou
(COHRE) v Sudan, 27 May 2009, para 103.
35 Complainants' heads of arguments on t he admissibility and merits (2022) Para 21
33
12 I Page
Af~nt r}
Union\ '.I'
The A frican Commission on H
31 Bijilo Annex L
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