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.

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