EX.CL/717 (XX)
Page 61
45.
In its submission on Admissibility, the Respondent State, however, noted that
the present Communication should not be Admissible because of the non-fulfilment
of Article 56 (4), (5) and (6) of the African Charter. The Respondent State
nonetheless only submitted arguments relating to the non-exhaustion of local
remedies requirement, that is, Article 56 (5) of the African Charter.
46.
Notwithstanding the fact that the only Article the Respondent State contends
to is Article 56 (5) of the African Charter, the African Commission will still proceed to
analyse all the seven requirements under Article 56 of the African Charter to ensure
that they have been duly complied with by the Complainant.
47.
Article 56 (1) of the African Charter provides that Communications should be
Admissible if it ‘indicates their authors even if the latter requests anonymity.’ This
Communication is filed by SERAP – a registered human rights NGO based in Lagos,
Nigeria. The author of the Communication has not requested anonymity. The
Complainant has thus fulfilled the requirement set in Article 56 (1) of the African
Charter.
48.
Article 56 (2) of the African Charter provides that Communications should be
‘compatible with the Charter of the Organisation of African Unity or with the Present
Charter.’ The present Communication complies with this requirement because it
invokes the violation of Articles 2, 4, 5, 14, 16, 20 and 24 of the African Charter, thus
it shows a prima facie violation of the African Charter.
49.
Article 56 (3) of the African Charter provides that in order for Communications
to be Admissible, they should ‘not [be] written in disparaging or insulting language
directed against the State concerned and its institutions or the Organisation of
African Unity.’ The present Communication has not shown any evidence of
disparaging language and therefore fulfils the requirement under Article 56(3) of the
African Charter.
50.
Article 56 (4) of the African Charter provides that Communications should not
be ‘based exclusively on news disseminated through the mass media.’ The present
Communication is submitted based mainly on primary information gathered by the
Complainant from victims of the pipeline explosion, and thus fulfills the requirement
of Article 56 (4) of the African Charter.
51.
Article 56 (5) of the African Charter provides that Communications should be
‘sent after exhausting local remedies, if any, unless it is obvious that this procedure is
unduly prolonged.’
52.
The Complainant argues that, there is no adequate or effective domestic
remedy that exists in Nigeria to address the violations alleged. It argues that the
African Charter has not been accorded recognition and supremacy in the Nigerian
legal system.