Noudehouenou v Republic of Benin (Ruling) (Application No. 020-2020)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The African Court held that it has material jurisdiction to examine whether national judicial procedures comply with human rights standards, and is not acting as an appellate body when doing so. However, the Court found the application inadmissible for failure to exhaust local remedies. The Applicant bore responsibility for the delay in appeal proceedings as he failed to demonstrate he took necessary steps to obtain the trial court judgment, and he did not pursue the available remedy before Benin's Constitutional Court. The application was therefore dismissed as inadmissible.

Outcome

Application declared inadmissible for failure to exhaust local remedies

Facts

The Applicant, a Beninese economist and tax specialist, alleged human rights violations arising from two matters. First, a contractual dispute with SBEE (a state-owned electricity company) over a tax assistance contract worth over 7 billion CFA Francs. The Cotonou Court of First Instance dismissed his claim on 22 December 2017. He filed an appeal on 28 December 2017, but the Court of Appeal had not delivered judgment by the time he filed this application on 4 June 2020, allegedly because the trial court judgment was not made available until October 2020. Second, he alleged that a civil servant, Edouard Ouin-Ourou, failed to repay a loan of 10 million CFA Francs. The Applicant claimed these matters engaged the international responsibility of Benin for violations of rights protected by the African Charter, ICCPR, and ICESCR.

Issues

1. Whether the African Court has material jurisdiction to hear an application arising from contractual disputes between entities legally distinct from the Respondent State.
2. Whether the African Court exercises appellate jurisdiction over decisions of domestic courts when examining alleged human rights violations.
3. Whether the Applicant exhausted local remedies before filing the application, particularly in relation to the appeal proceedings against the Cotonou Court of First Instance judgment.
4. Whether the Applicant was required to seize the Constitutional Court of Benin as an available remedy.
5. Whether the appeal proceedings before the Cotonou Court of Appeal were unduly prolonged such that the Applicant was not required to await their outcome.

Orders

• Dismisses the Respondent State's objection to its material jurisdiction.
• Declares that it has jurisdiction.
• Upholds the Respondent State's objection based on non-exhaustion of local remedies.
• Declares the Application inadmissible.
• Orders each party shall bear its own costs.

Rules and key headnotes

Legislation cited (22)

• African Charter on Human and Peoples' Rights Article 1
• 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 7
• African Charter on Human and Peoples' Rights Article 14
• African Charter on Human and Peoples' Rights Article 15
• African Charter on Human and Peoples' Rights Article 16
• African Charter on Human and Peoples' Rights Article 56
• Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 3
• Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 6(2)
• Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 34(6)
• International Covenant on Civil and Political Rights Article 2(3)
• International Covenant on Civil and Political Rights Article 7
• International Covenant on Civil and Political Rights Article 14(1)
• Universal Declaration of Human Rights Article 8
• Universal Declaration of Human Rights Article 10
• Universal Declaration of Human Rights Article 17
• Universal Declaration of Human Rights Article 23
• International Covenant on Economic, Social and Cultural Rights Article 2
• International Covenant on Economic, Social and Cultural Rights Article 6
• International Covenant on Economic, Social and Cultural Rights Article 7
• International Covenant on Economic, Social and Cultural Rights Article 11

Cases cited (18)

• Houngue Eric Noudehouenou v Republic of Benin (Application No. 003/2020)
• Lohe Issa Konaté v. Burkina Faso
• Sébastien Germain Ajavon v Republic of Benin (Application No. 027/2020)
• Eleftherios g. Kokkinakis - Dilos kykloforiaki A.T.E. v. Greece, Judgment of 20 October 2016
• Peter Joseph Chacha v United Republic of Tanzania (Application No. 003/2012)
• Ernest Francis Mtingwi v Malawi (Application No. 001/2013)
• Kennedy Ivan v United Republic of Tanzania (Application No. 002/2015)
• Armand Guehi v. Tanzania (merits and reparations)
• Nguza Viking and Johnson Nguza v United Republic of Tanzania (Application No. 005/2015)
• Ingabire Victoire Umuhoza v Republic of Rwanda (Application No. 003/2014)
• Beneficiaries of Late Norbert Zongo and Others v Burkina Faso (Application No. 013/2011)
• Yacouba Traoré v Republic of Mali (Application No. 010/2018)
• Kouma and Diabaté v Mali (Application No. 007/2015)
• Landry Angelo Adelakoun and Others v Republic of Benin (Application No. 012/2021)
• Laurent Metongnon and Others v Republic of Benin (Application No. 031/2018)
• Conaïde Togla Latondji Akouedenoudje v Republic of Benin (Application No. 024/2020)
• Rutabingwa Chrysanthe v Republic of Rwanda (Application No. 007/2015)
• Collectif des anciens travailleurs ALS v Republic of Mali (Application No. 042/2015)

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