Wakilii

Ilesanmi v Nigeria (Communication 268 of 2003)

African Commission on Human and Peoples' Rights · [2005] ACHPR 66 · 2005 Application 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 violations of the African Charter
Decision
Communication declared inadmissible for failure to meet admissibility requirements under Article 56 of the African Charter

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The African Commission declared the communication inadmissible on two grounds. First, the language used by the complainant was found to be insulting and disparaging to Nigerian state institutions, particularly the presidency, in violation of Article 56(3) of the African Charter. Second, the complainant failed to demonstrate that he had exhausted local remedies or that such remedies were unavailable, ineffective, or unduly prolonged, as required under Article 56(5).

Outcome

Communication declared inadmissible for failure to meet admissibility requirements under Article 56 of the African Charter

Facts

The complainant, a consultant with the Economic Help Project in Abuja, alleged that in 1999 he exposed smuggling activities involving narcotics, arms, counterfeit pharmaceuticals, and other goods to Nigerian authorities. He claimed that as a result, his pregnant wife was assassinated in July 1999, and he was twice abducted and detained by police under inhuman conditions in 1999 and 2000. He alleged that the smuggling syndicate, involving customs and police officials, caused the closure of 41 textile mills and 8 auto assembly plants, resulting in mass unemployment and deaths from fake drugs. He claimed the smugglers deprived Nigeria of approximately 101 trillion naira annually. The complainant alleged violations of multiple articles of the African Charter on Human and Peoples' Rights by the Federal Republic of Nigeria.

Issues

  1. Whether the communication was written in disparaging or insulting language directed against the State and its institutions contrary to Article 56(3) of the African Charter.
  2. Whether the complainant exhausted local remedies as required under Article 56(5) of the African Charter.

Orders

  • Communication declared inadmissible.

Rules and key headnotes

Human Rights — Admissibility — Disparaging or Insulting Language — Article 56(3) African Charter
A communication to the African Commission will be declared inadmissible under Article 56(3) of the African Charter if it is written in language that is disparaging or insulting and directed against the State concerned or its institutions, where such language is intended to bring the institution into ridicule and disrepute and thus undermine its integrity and status.
Human Rights — Admissibility — Exhaustion of Local Remedies — Article 56(5) African Charter
Under Article 56(5) of the African Charter, a complainant must exhaust local remedies before bringing a communication to the African Commission, and the remedies required are legal remedies, not administrative or executive remedies provided by non-judicial bodies such as national human rights commissions or anti-corruption commissions.
Human Rights — Admissibility — Burden of Proof — Exhaustion of Local Remedies
Where a complainant wishes to argue that a particular remedy did not have to be exhausted because it is unavailable, ineffective, or insufficient, the complainant must first state this claim; the respondent State must then show that the remedy is available, effective, and sufficient; and if the State establishes this, the complainant must demonstrate either that the remedy was exhausted or that it could not have been effective in the specific case.
Human Rights — Admissibility — Characteristics of Local Remedies — Available, Effective, and Sufficient
The local remedies to be exhausted before bringing a communication to the African Commission must be available, effective, and sufficient; however, the complainant must be able to show that the remedies do not fulfil these criteria in practice, not merely in the opinion of the victim or legal representative.

Legislation cited (19)

  • African Charter on Human and Peoples' Rights Article 2
  • African Charter on Human and Peoples' Rights Article 3
  • African Charter on Human and Peoples' Rights Article 4
  • African Charter on Human and Peoples' Rights Article 5
  • African Charter on Human and Peoples' Rights Article 6
  • African Charter on Human and Peoples' Rights Article 12
  • African Charter on Human and Peoples' Rights Article 15
  • African Charter on Human and Peoples' Rights Article 19
  • African Charter on Human and Peoples' Rights Article 20
  • African Charter on Human and Peoples' Rights Article 21
  • African Charter on Human and Peoples' Rights Article 22
  • African Charter on Human and Peoples' Rights Article 23
  • African Charter on Human and Peoples' Rights Article 24
  • African Charter on Human and Peoples' Rights Article 27
  • African Charter on Human and Peoples' Rights Article 29
  • African Charter on Human and Peoples' Rights Article 55
  • African Charter on Human and Peoples' Rights Article 56
  • African Charter on Human and Peoples' Rights Article 56(3)
  • African Charter on Human and Peoples' Rights Article 56(5)

Full judgment

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Ilesanmi v Nigeria (Communication 268 of 2003) [2005] ACHPR 66 (11 May 2005)
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.