By Jibril Abdul Mumuni
Accra, Aug. 3, GNA- Justice Sir Dennis Dominic Adjei, Judge of the African Court on Human and Peoples’ Rights (AfCHPR), has urged litigants to exhaust domestic legal remedies before seeking redress at the continental court.
He made the call at a public lecture at Central University in Accra to mark the 20th anniversary of the African Court on Human and Peoples’ Rights.
Justice Sir Adjei said the African Court was established to complement, not replace, national judicial systems and therefore could not serve as a final court of appeal.
“The Court respects domestic judicial systems. It is not a court of appeal,” he said.
Justice Sir Adjei explained that applicants were generally required to pursue their cases through the highest available courts in their respective countries before petitioning the African Court.
The requirement, he said, ensured that national institutions had the opportunity to address alleged human rights violations before regional intervention became necessary.
Justice Sir Adjei said the Court operated within a framework of complementarity with domestic courts and the African Commission on Human and Peoples’ Rights, assessing whether state actions and laws complied with regional and international human rights obligations.
He said the Court intervened only where justice was unavailable or domestic remedies had proved ineffective, stressing that litigants must first take advantage of available national remedies.
Justice Sir Adjei also cautioned against forum shopping by litigants seeking favourable outcomes in different regional courts.
“Otherwise, there could be duplication and conflicting decisions,” he said.
He explained that cases already determined by a sub-regional or regional tribunal could not subsequently be brought before the African Court.
On access to the Court, Justice Sir Adjei said individuals and non-governmental organisations could institute proceedings directly only against States that had deposited the declaration under Article 34(6) of the Court’s Protocol.
He noted that although 12 countries had initially made the declaration, several later withdrew it following an increase in applications.
Justice Sir Adjei said Ghana remained among the States whose citizens could directly access the Court.
He urged African governments to strengthen domestic human rights enforcement mechanisms, saying stronger national judicial systems would reduce the need for citizens to seek justice at regional institutions.
The lecture brought together legal practitioners, academics, students and other stakeholders to reflect on the African Court’s contributions to the promotion and protection of human rights across the continent over the past two decades.
GNA
Edited by Kenneth Sackey
Reporter: Jibril Abdul Mumuni