EX.CL/717 (XX) Page 59 28. Concerning Article 56 (3) of the African Charter, the Complainant submits that the present Communication complies with the requirement under the said sub-Article because it is written and presented in a professional and respectful language. 29. The Complainant further submits that the present Communication fulfils the requirement in Article 56 (4) of the African Charter because according to the Complainant, it relies on first hand information from the victims, including testimonies from those directly affected by the pipeline explosion. 30. With respect to Article 56 (5) of the African Charter, the Complainant submits that the present Communication “constitutes a compelling exception to the requirement of exhaustion of local remedies” and requests the African Commission to wave this requirement as potrayed in its jurisprudence. It submits that there is no adequate or effective domestic remedies that exist to address the violations alleged in the present Communication. 31. The Complainant also submits that, although the Nigerian Government is well aware of the human rights violations that the country is subject to, it has not fully or effectively addressed the violations in the present Communication, and that these violations are still ongoing. 32. It further submits that even though the Respondent State has incorporated the African Charter into its national laws, Nigerian courts have ruled that its application in the country is subject to the Nigerian Constitution, which is the supreme law of the land. 33. The Complainant bases its request to wave the requirement of Article 56 (5) of the African Charter on several decisions of the African Commission.35 34. The Complainant also submits that the Nigerian legal system lacks availability and effectiveness, because it is not accessible to the poor and the marginalized community. 35. Furthermore, the Complainant submits that, the burden shifts to the Respondent State to submit evidence proving the availability, the accessibility, and the effectiveness of local remedies to redress the violations in the current Communication. 36. With respect to Article 56 (6) of the African Charter, the Complainant avers that the present Communication was filed within days of the pipeline explosion. 35 Communication 147/95 and 149/96 – Sir Dawda K. Jawara v The Gambia (Jawara v The Gambia) (2000) ACHPR, Communications 54/91, 61/91, 98/93, 164/97 à 196/97, 210/98 – Malawi Africa Association and Others v Mauritania (2000) ACHPR, Communications 25/89, 47/90, 56/91, 100/93 World Organisation Against Torture and Others v Zaire (1996) ACHPR, Communication 71/92 Rencontre Africaine pour la Defence des Droits de l'Homme v Zambia (1997) ACHPR.