refusing to return the fees paid to them after their relations had soured.
According to the Applicant, the lawyers’ conduct prevented him from acting
effectively before the domestic courts against the judgment of 29 July 2011
handed down by the Cotonou Court, thereby violating his right to a fair trial
protected by Article 7 of the Charter.
59. The Court notes that the Respondent State’s Constitutional Court has
jurisdiction to hear allegations of human rights violations.17 In accordance
with its jurisdiction, the Court notes that a petition to the Constitutional Court
of the Respondent State is an available, effective and satisfactory remedy.
60. The Court also notes that, in accordance with Article 124(1) and (3)18 of the
Respondent
State’s
Constitution
(hereinafter
referred
to
as
“the
Constitution”), the decisions of the Constitutional Court are not subject to
appeal. They are binding on all civil, military and judicial authorities.
61. The Court notes that in the present case, in relation to his dispute with his
lawyers, the Applicant brought an action before the Constitutional Court of
the Respondent State for breach of Article 7 of the Charter. However, by
Decision DCC 16-164 of 2 November 2016, the said Court declined
jurisdiction on the ground that “the Applicant’s requests, in fact, seek to
have the Court assess the conditions of application of the rules governing
the legal profession, in particular Regulation No 05/CM/UEMOA of 25
September 2014 on the harmonisation of the rules governing the legal
profession in the UEMOA zone (...) that such an assessment relates to
ascertaining legality (which) the Constitutional Court cannot know”.
62. The Court emphasises that the Constitutional Court declining jurisdiction is
therefore based on the fact that it had been requested to review the legality
of a Community law for which there was no available domestic remedy.
Article 114 of the Constitution of 11 December 1990 reads as follows: “The Constitutional Court (...)
shall guarantee fundamental human rights and public freedoms. (...)”.
18 Article 124(1) and (3) of the Constitution states: “The decisions of the Constitutional Court are not
subject to appeal. They are binding on public authorities and on all civil, military and jurisdictional
authorities”.
17
17