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Socio-Economic Rights and Accountability Project (SERAP) v Nigeria (Communication 338 of 2007)

African Commission on Human and Peoples' Rights · [2010] ACHPR 109 · 2010 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Communication to the African Commission alleging human rights violations following a pipeline explosion
Decision
Communication declared inadmissible 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 under Article 56(5) of the African Charter. The Commission held that Section 11(5) of Nigeria's Oil Pipelines Act LFN 2004 provided an available and effective remedy for victims of pipeline explosions, and the complainant failed to demonstrate that this remedy had been attempted or was unavailable, ineffective or unduly prolonged.

Outcome

Communication declared inadmissible for non-exhaustion of local remedies

Facts

On 26 December 2006, a pipeline explosion occurred in Abule Egba, Lagos State, Nigeria, affecting the Awori Community. The complainant alleged approximately 700 lives were lost, including women and children, with many suffering physical injuries and property destruction. The explosion occurred after young people scooped fuel from damaged pipelines due to fuel scarcity in the country. The fire department was allegedly ill-equipped to respond, lacking water and equipment. The complainant alleged environmental degradation, potential water pollution, inadequate medical treatment for the injured, and that community leaders' reports to Nigerian authorities were ignored. SERAP filed a communication on behalf of the affected community on 14 February 2007, alleging violations of multiple articles of the African Charter.

Issues

  1. Whether the communication satisfied the admissibility requirements under Article 56 of the African Charter on Human and Peoples' Rights.
  2. Whether the complainant exhausted local remedies as required by Article 56(5) of the African Charter before bringing the communication to the African Commission.
  3. Whether the availability of Section 11(5) of the Oil Pipelines Act LFN 2004 constituted an available, effective and sufficient local remedy that should have been exhausted.

Orders

  • Communication declared inadmissible with respect to Article 56(5) of the African Charter.
  • Notice of this decision to be given to the parties.
  • Decision to be published in the Commission's report on communications.

Rules and key headnotes

Human Rights — Admissibility of Communications — Exhaustion of Local Remedies — Article 56(5) African Charter
For a communication to be admissible before the African Commission on Human and Peoples' Rights, all seven requirements of Article 56 of the African Charter must be cumulatively satisfied; if any one requirement is absent, the communication will be declared inadmissible.
Human Rights — Exhaustion of Local Remedies — Three-Part Test — Available, Effective and Sufficient
A local remedy must be available, effective and sufficient to satisfy the exhaustion requirement under Article 56(5) of the African Charter. A remedy is available if the petitioner can pursue it without impediment, effective if it offers a prospect of success, and sufficient if it is capable of redressing the complaint.
Human Rights — Exhaustion of Local Remedies — Burden of Proof
The initial burden is on the complainant to prove that they have exhausted local remedies as required by Article 56(5) of the African Charter. The burden shifts to the respondent state only if it contests the allegations and declares that further available and effective remedies exist.
Human Rights — Exhaustion of Local Remedies — Generalised Statements Insufficient
Generalised statements about the unavailability or ineffectiveness of local remedies, without attempting to exhaust them or providing concrete evidence of barriers to their use, are insufficient to satisfy or waive the exhaustion requirement under Article 56(5) of the African Charter. If a remedy has the slightest likelihood to be effective, the applicant must pursue it.
Human Rights — Waiver of Exhaustion Requirement — Serious and Massive Violations
A waiver of the requirement to exhaust local remedies under Article 56(5) of the African Charter is not automatic and is granted only in cases of serious and massive violations of human rights.
Human Rights — Exhaustion of Local Remedies — Purpose and Rationale
The purpose of the requirement to exhaust local remedies under Article 56(5) of the African Charter is to give the respondent state an opportunity to redress the alleged wrong within its own domestic legal system. This rule conforms to the principle that international law does not replace national law and international mechanisms do not replace national judicial institutions.

Legislation cited (21)

  • 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 14
  • African Charter on Human and Peoples' Rights Article 16
  • African Charter on Human and Peoples' Rights Article 20
  • African Charter on Human and Peoples' Rights Article 24
  • African Charter on Human and Peoples' Rights Article 56
  • African Charter on Human and Peoples' Rights Article 56(1)
  • African Charter on Human and Peoples' Rights Article 56(2)
  • African Charter on Human and Peoples' Rights Article 56(3)
  • African Charter on Human and Peoples' Rights Article 56(4)
  • African Charter on Human and Peoples' Rights Article 56(5)
  • African Charter on Human and Peoples' Rights Article 56(6)
  • African Charter on Human and Peoples' Rights Article 56(7)
  • Oil Pipelines Act LFN 2004 s.11(5)
  • Nigerian Constitution s.33
  • Nigerian Constitution s.35
  • Nigerian Constitution s.36
  • Nigerian Constitution s.42
  • Nigerian Constitution s.46

Cases cited (10)

  • Jawara v The Gambia (2000) ACHPR
  • Malawi Africa Association and Others v Mauritania (2000) ACHPR
  • World Organisation Against Torture and Others v Zaire (1996) ACHPR
  • Rencontre Africaine pour la Defence des Droits de l'Homme v Zambia (1997) ACHPR
  • Zimbabwe Lawyers for Human Rights v Zimbabwe (2009) ACHPR
  • Anuak Justice Council v Ethiopia (2006) ACHPR
  • Egyptian Organisation for Human Rights v Egypt (Communication No. 201 of 1997)
  • Obert Chinhamo v Zimbabwe (Communication No. 307 of 2005)
  • Michael Majuru v Zimbabwe (Communication No. 308 of 2005)
  • Socio Economic Rights and Accountability Project v Nigeria (2008) ACHPR

Full judgment

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Socio-Economic Rights and Accountability Project (SERAP) v Nigeria (Communication 338 of 2007) [2010] ACHPR 109 (24 November 2010)
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.