Exhaustion Of Local Remedies Under Achpr Shall The Remedies Under The House Of The Federation Be Exhausted

There is an internationally recognized principle of law known as rule of the exhaustion of localrnremedies which requires states to provide effective and sufficient remedies. Equivalently, there isrnalso a globally recognized right to seek effective remedy from an independent, impartial, andrncompetent tribunal. In the context of Africa, Art. 56 (5) of the African Charter on Human andrnPeoples’ Rights (ACHPR) provides that communications are admissible only if they arernsubmitted after exhausting local remedies unless those remedies are unavailable, ineffective orrninadequate. In the same vein, the African Commission established three requirementsavailability,rnsufficiency and effectiveness of remedy - to evaluate the nature of the local remediesrnfor the purpose Art. 56 (5) of the ACHPR.rnIn one of the cases brought against Ethiopia, EHRC v. Ethiopia, complainants contended thatrnthe two bodies that are mandated to interpret the constitution, HoF and CCI, are notrnindependent, impartial, competent, and do not decide cases according to fundamental principlesrnof law while Ethiopia argued strenuously to the opposite. The Commission ruled that HoF andrnCCI are independent, impartial, competent, and decide cases according to fundamentalrnprinciples of law.rnThe questions are: did complainants present sufficient information to the Commission thatrnenables it to fully appreciate the nature of remedies under HoF and CCI, if any? Are therernimpediments to the remedy under HoF and CCI and, if so, what are they?rnThe above listed questions demand scientific answers, which will be uncovered via mixed legalrnresearch. It is mixed because the scientific legal research in this inquiry involves both doctrinalrnand empirical elements of research approaches. As to the empirical approach, interview andrncase laws of HoF, ACHPR, ECrtHR, and IACHR are employed alongside with other doctrinalrnapproach to get the actual practice of the HoF. Finally, the research’s finding is that exhaustionrnof local remedies from HoF is not mandatory for the purpose of Art.56 (5) of ACHPR.

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