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Legal Defence Centre v Gambia (Communication 219 of 1998)

African Commission on Human and Peoples' Rights · [2000] ACHPR 18 · 2000 Communication Inadmissible AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Human rights communication alleging illegal deportation and Charter violations
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 declared the communication inadmissible for failure to exhaust local remedies. The Commission held that a victim does not need to be physically present in a country to pursue available domestic remedies through counsel. The complainant, a Nigerian NGO, should have exhausted available legal and administrative processes in The Gambia before approaching the Commission, notwithstanding the subsisting deportation order against the victim.

Outcome

Communication dismissed for non-exhaustion of local remedies

Facts

Mr Sule Musa, a Nigerian journalist working for the Daily Observer in The Gambia, was arrested by Corporal Nyang at his office on 9 June 1998. He was taken to Bakau Police Station, then to Police headquarters in Banjul, and finally to the Immigration Department. He was detained at the airport without food, water, or bath until 10 June 1998 when he was served with a deportation order declaring him an undesirable alien. The deportation was allegedly motivated by his writings on Nigerian issues under General Sani Abacha's military regime. Upon arrival in Nigeria, no authorities arrested him for any purported crimes. He was not permitted to collect his personal effects before deportation. Legal Defence Centre, a Nigerian NGO with observer status at the African Commission, filed a communication alleging violations of multiple Charter provisions.

Issues

  1. Whether the complainant exhausted available local remedies in The Gambia before bringing the communication to the African Commission.
  2. Whether the victim's physical absence from The Gambia due to deportation excused the requirement to exhaust domestic remedies.

Orders

  • Communication declared inadmissible.

Rules and key headnotes

Human Rights — Admissibility — Exhaustion of Local Remedies — Physical Presence Not Required
A victim does not need to be physically present in a country to exhaust available domestic remedies; such remedies can be pursued through counsel.
Human Rights — Admissibility — Exhaustion of Local Remedies — Deportation Not an Excuse
A subsisting deportation order does not excuse the requirement to exhaust local remedies where legal and administrative processes remain available in the respondent state.
Human Rights — Admissibility — Exhaustion of Local Remedies — Burden on Complainant
A complainant must exhaust available local remedies in the respondent state before approaching the African Commission, regardless of whether the complainant is an NGO acting on behalf of a victim.

Legislation cited (8)

  • African Charter on Human and Peoples' Rights Article 56.5
  • African Charter on Human and Peoples' Rights Article 7
  • African Charter on Human and Peoples' Rights Article 9
  • African Charter on Human and Peoples' Rights Article 12(4)
  • African Charter on Human and Peoples' Rights Article 2
  • 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 15

Full judgment

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

Legal Defence Centre v Gambia (Communication 219 of 1998) [2000] ACHPR 18 (11 May 2000)
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.