Wakilii

Tsikata v Republic of Ghana (Communication 322 of 2006)

African Commission on Human and Peoples' Rights · [2006] ACHPR 77 · 2006 Communication Inadmissible AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Communication to the African Commission alleging violations of the African Charter during ongoing criminal trial in Ghana
Decision
Communication dismissed as inadmissible without consideration of merits

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 non-exhaustion of local remedies. The complainant's criminal trial was ongoing in the High Court of Ghana with further rights of appeal to the Court of Appeal and Supreme Court available. The Commission held that the respondent state must first have an opportunity to redress alleged wrongs within its domestic legal system before international review. The Commission rejected the argument that the complaint was written in insulting language, distinguishing factual allegations of Charter violations from genuinely disparaging statements.

Outcome

Communication dismissed as inadmissible without consideration of merits

Facts

Redmond Tsatsu Tsikata submitted a communication against Ghana alleging violations of the African Charter during his ongoing criminal trial for wilfully causing financial loss to the state. He alleged retroactive criminalisation contrary to Article 7.2, denial of fair trial rights under Article 7.1, and violations of judicial independence under Article 26. He claimed the Supreme Court reversed an earlier favourable decision after executive interference and appointment of a new justice. He was charged before multiple courts on the same facts. The trial judge overruled a no-case-to-answer submission without reasons. The Court of Appeal relied on a repealed law not cited in the charge sheet. The International Finance Commission was held immune from testifying despite constitutional guarantees of the right to call witnesses. At the time of the communication, the trial remained pending in the High Court with further appeal rights available.

Issues

  1. Whether the communication should be declared inadmissible for failure to exhaust local remedies under Article 56(5) of the African Charter.
  2. Whether the communication was written in disparaging or insulting language contrary to Article 56(3) of the African Charter.
  3. Whether the communication was submitted within a reasonable period under Article 56(6) of the African Charter.

Orders

  • Communication declared inadmissible for non-exhaustion of local remedies.

Rules and key headnotes

Human Rights — Admissibility of Communications — Exhaustion of Local Remedies
A communication alleging violations of the African Charter is inadmissible where the matter remains pending before domestic courts and the complainant has not exhausted available remedies including rights of appeal to higher courts.
Human Rights — Admissibility — Exhaustion of Local Remedies — Rationale
The rule requiring exhaustion of local remedies is based on the premise that the respondent state must first have an opportunity to redress by its own means and within the framework of its own domestic legal system the wrong alleged to have been done to the individual.
Human Rights — Admissibility — Disparaging or Insulting Language
Factual allegations of Charter violations and expressions of a complainant's fear of judicial bias, prejudice, or executive interference with judicial independence do not constitute disparaging or insulting language under Article 56(3) of the African Charter where the purpose of the communication is to seek redress for such perceived violations.
Human Rights — Admissibility — Reasonable Period for Submission
The timeliness of a communication under Article 56(6) of the African Charter is estimated from the date that the last available local remedy is exhausted by the complainant, or in cases of unavailability or prolongation of local remedies, from the date of the complainant's notice thereof.
Human Rights — Admissibility — Premature Communications
A communication is premature and inadmissible where the complainant brings it before the conclusion of domestic proceedings, as time has not begun to run to afford the complainant the opportunity to bring the complaint.

Legislation cited (19)

  • African Charter on Human and Peoples' Rights Article 7.1
  • African Charter on Human and Peoples' Rights Article 7.2
  • African Charter on Human and Peoples' Rights Article 26
  • 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)
  • African Charter on Human and Peoples' Rights Article 56(6)
  • African Charter on Human and Peoples' Rights Article 60
  • African Charter on Human and Peoples' Rights Article 61
  • Constitution of Ghana Article 11
  • Constitution of Ghana Article 19(2)(g)
  • Constitution of Ghana Article 19(5)
  • Constitution of Ghana Article 131
  • Constitution of Ghana Article 137
  • Criminal Code 1960 (Act 29) Section 179A(3)
  • Public Property Decree 1977 (SMCD 140) Section 1(2)
  • Rules of Procedure of the African Commission Rule 111
  • Rules of Procedure of the African Commission Rule 116

Cases cited (3)

  • Ligue Camerounaise des Droits de l'Homme v Cameroon (Communication 65 of 1992)
  • Kenya Human Rights Commission v Kenya (Communication 135 of 1994)
  • John K. Modise v Botswana (Communication 97 of 1993)

Full judgment

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

Tsikata v Republic of Ghana (Communication 322 of 2006) [2006] ACHPR 77 (29 November 2006)
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.