Wakilii

Dumbaya v Gambia (Communication 127 of 1994)

African Commission on Human and Peoples' Rights · [1994] ACHPR 11 · 1994 Communication Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Communication to the African Commission on Human and Peoples' Rights alleging wrongful dismissal and breach of official secrets
Decision
Communication dismissed for non-exhaustion of local remedies

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The African Commission on Human and Peoples' Rights declared the communication inadmissible for failure to exhaust local remedies. The complainant, a former registry clerk dismissed in July 1992 allegedly for leaking official secrets, failed to respond to two requests from the Commission for information on whether local remedies had been exhausted.

Outcome

Communication dismissed for non-exhaustion of local remedies

Facts

Mr. Dumbaya worked as a registry clerk for the Ministry for Local Government and Lands in The Gambia from January to July 1992. In July 1992 he was dismissed under unclear circumstances, allegedly for leaking official secrets. He brought a communication to the African Commission on Human and Peoples' Rights. The Commission requested information twice regarding whether he had exhausted all local remedies. The complainant failed or neglected to respond to both requests.

Issues

  1. Whether the communication is admissible before the African Commission on Human and Peoples' Rights.
  2. Whether the complainant exhausted all available local remedies before bringing the communication.

Orders

  • Communication declared inadmissible on account of lack of exhaustion of local remedies.

Rules and key headnotes

Human Rights — Admissibility — Exhaustion of Local Remedies
A communication to the African Commission on Human and Peoples' Rights is inadmissible where the complainant fails to demonstrate that all available local remedies have been exhausted.
Administrative Law — Procedural Requirements — Duty to Respond to Tribunal Requests
Where a complainant fails or neglects to respond to requests from a tribunal for essential information on admissibility, the tribunal may declare the matter inadmissible.

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Dumbaya v Gambia (Communication 127 of 1994) [1994] ACHPR 11 (3 November 1994)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.