Wakilii

Seth Appiah-Mensah v Republic of Ghana (Communication 684-18)

African Commission on Human and Peoples' Rights · [2022] ACHPR 19 · 2022 Communication Struck Out AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Communication to the African Commission on Human and Peoples' Rights struck out for want of diligent prosecution
Decision
Communication struck out without determination on admissibility or merits

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The African Commission struck out the Communication for want of diligent prosecution. The Complainant was requested to present evidence and arguments on admissibility within two months but failed to do so. Almost four years elapsed without any submission or application for extension. The Commission found the Complainant had not shown interest in prosecuting the Communication and lacked sufficient information to determine admissibility.

Outcome

Communication struck out without determination on admissibility or merits

Facts

Seth Appiah-Mensah served in the Ghana Armed Forces from 1983 to 2006 as a Naval Officer. In January 2006, he applied for voluntary release but was told he must wait six months pursuant to an administrative decision. He received a UN job offer with a 30 March 2006 reporting date but his release was not expedited. After proceeding on leave, he was declared Absent Without Official Leave. In June 2006, his family was evicted from military accommodation. He sought redress through the Armed Forces Council and the President's Office without success. In 2010, the High Command decided he was a fugitive from justice. He attempted court proceedings through the High Court Fast Track Division in 2014 but faced difficulties retaining counsel. He filed a Communication with the African Commission in January 2018 alleging violations of his rights.

Issues

  1. Whether the Communication should be struck out for want of diligent prosecution where the Complainant failed to submit evidence and arguments on admissibility within the stipulated time and did not apply for an extension.

Orders

  • Communication struck out for want of diligent prosecution.

Rules and key headnotes

Civil Procedure — Strike Out — Want of Diligent Prosecution
Where a complainant fails to submit evidence and arguments on admissibility within the stipulated time period and does not apply for an extension, and almost four years elapse without any submission, the Commission may strike out the communication for want of diligent prosecution.
Civil Procedure — Admissibility — Burden on Complainant
Rule 105(1) of the Commission's Rules of Procedure requires that when the Commission is seized of a complaint, it shall request the complainant to present evidence and arguments on admissibility within two months.
Civil Procedure — Extension of Time — Application Required
Rule 113 of the Commission's Rules of Procedure provides that when a deadline is fixed for a particular submission, either party may apply to the Commission for an extension of the stipulated period, and the Commission may grant such application.

Legislation cited (3)

  • African Charter on Human and Peoples' Rights Article 7
  • African Charter on Human and Peoples' Rights Article 12
  • Constitution of the Republic of Ghana 1992 Article 23

Cases cited (5)

  • Ahmed Mohammed Ali Subaie v Arab Republic of Egypt (Communication 612/16)
  • Mohammed Abdel Hay Faramawy and 2 Others v Arab Republic of Egypt (Communications 637/16 and 639/16)
  • European Alliance for Human Rights (AED) and 3 Others v Egypt (Communication 544/15)
  • Kofi Yamagnane v Togo (Communication 387/10)
  • Miles Investments & 2 Others v Republic of Sierra Leone (Communication 623/16)

Full judgment

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

Seth Appiah-Mensah v Republic of Ghana (Communication 684-18) [2022] ACHPR 19 (9 March 2022)
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.