98. The Commission has in its jurisprudence consistently reiterated the necessity
of exhausting local remedies in order to enable Respondent States to address
the allegations through their own judicial and administrative procedures,
before being called before an international body. The Commission has held that
"the generally accepted meaning of local remedies, which must be exhausted
prior to any communication/ complaint procedure before the African
Commission, are the ordinary remedies of common law that exist in
jurisdictions and normally accessible to people seeking justice" and that "the
internal remedy [to] which Article 56(5) refers entails remedy sought from
courts of a judicial nature ... "36
99. The author of a Communication must have taken ·a matter to the highest
available court of the land, which in this case is the Court of Appeal of the
Respondent State, which is the body that can entertain appeals from the
Constitutional Court. The verdict by the Court of Appeal upholding the
constitutionality of Section 10 of the Chieftainship Act ended all judicial
avenues at the Complainants' disposal. Since it is not in dispute that the Court
of Appeal is the Respondent State's body of final jurisdiction, the Commission
considers that there were no other re:r:nedies left to be exhausted. Consequently,
the Commission holds that the local remedies were duly exhausted.
6. Submission within a reasonable period (Article 56(6))
100.
Further to Article 56 (6) which requires communications to be submitted
within a reasonable period from the time local remedies are exhausted, this
Communication was submitted within 5 months following the exhaustion of
local remedies, which the Commission finds to be a reasonable period.
7. Other procedure of international settlement (Article 56(7))
101.
In accordance with Article 56 (7) of the African Charter, the
Communication, as duly indicated by the Complainant, has not been submitted
to, or settled by another regional or international complaints mechanism.
102.
After carefully exammmg the information provided by the
Complainant, the Commission is satisfied that all the requirements under
Article 56 of the African Charter have been complied with.
DECISION OF THE COM1\1ISSION ON ADMISSIBILITY
36
Communication 221/98 -Alfred B. Cudjoe vs. Ghana (1999} ACHPR, para 14.