Wakilii

XYZ v Republic of Benin (Application No. 058-2019)

African Court on Human and Peoples' Rights · [2025] AfCHPR 22 · 2025 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to the African Court on Human and Peoples' Rights challenging an inter-ministerial order prohibiting issuance of official documents to persons wanted by Benin courts
Decision
Application dismissed as inadmissible for failure to exhaust local remedies

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The African Court on Human and Peoples' Rights held that the applicant failed to exhaust local remedies before filing the application. The Court found that a constitutional challenge before Benin's Constitutional Court was an available, effective and satisfactory remedy. The applicant's arguments based on alleged persecution, lack of judicial independence, and a prior Constitutional Court decision were dismissed. The application was declared inadmissible for non-exhaustion of local remedies.

Outcome

Application dismissed as inadmissible for failure to exhaust local remedies

Facts

The applicant, a national of Benin granted anonymity, challenged an inter-ministerial order of 22 July 2019 issued by the Minister of Justice and the Minister of Interior prohibiting the issuance of official documents to persons wanted by Benin courts. The order defined persons wanted as those whose appearance is required by criminal investigation or trial proceedings or who are subject to enforceable conviction decisions and fail to comply with summons. Official documents covered include identity cards, passports, birth certificates, driving licences and electoral cards. The applicant alleged the order violated multiple human rights provisions and targeted certain politicians. He filed the application directly with the African Court without first pursuing remedies in Benin's domestic courts.

Issues

  1. Whether the applicant exhausted local remedies before bringing the application to the African Court on Human and Peoples' Rights.
  2. Whether the requirement to exhaust local remedies can be dispensed with on grounds of an alleged environment of persecution.
  3. Whether the requirement to exhaust local remedies can be dispensed with on grounds of alleged lack of independence and impartiality of the Constitutional Court of Benin.
  4. Whether a prior decision by the Constitutional Court of Benin on the same inter-ministerial order justifies non-exhaustion of local remedies.

Orders

  • Declared that the Court has jurisdiction.
  • Upheld the objection based on non-exhaustion of local remedies.
  • Declared the Application inadmissible.
  • Ordered that each party shall bear its own costs.

Rules and key headnotes

Admissibility — Exhaustion of Local Remedies — Requirement
Applications to the African Court on Human and Peoples' Rights must be filed after exhaustion of local remedies, if any, unless it is clear that the procedure in respect of such remedies is unduly prolonged.
Admissibility — Local Remedies — Characteristics Required
Local remedies to be exhausted must be of a judicial nature, available to the applicant without hindrance, and effective in the sense of being capable of satisfying the complainant or remedying the situation in question.
Admissibility — Burden of Proof — Exhaustion of Local Remedies
It is not sufficient for an applicant to cast doubt on the effectiveness of a State's local remedies; the applicant must take all necessary steps to exhaust, or at least attempt to exhaust, local remedies.
Constitutional Court — Jurisdiction — Human Rights Violations
A constitutional challenge before the Constitutional Court of Benin is an available, effective and satisfactory remedy for alleged human rights violations, where that court has jurisdiction to hear such allegations under the Constitution.
Admissibility — Judicial Independence — Presumption
Independence and impartiality of judges is presumed, such that any party alleging a violation thereof must prove the same beyond any shadow of doubt.
Admissibility — Exhaustion of Local Remedies — Date of Assessment
The requirement of exhaustion of local remedies is assessed as at the date on which the application is lodged with the Court; an applicant cannot rely on circumstances arising after that date as valid justification for dispensing with the requirement of exhaustion of local remedies.
Admissibility — Cumulative Requirements
The admissibility requirements under the African Charter and the Protocol are cumulative; where an application fails to satisfy one requirement, the Court need not rule on the other admissibility requirements.

Legislation cited (29)

  • African Charter on Human and Peoples' Rights Article 1
  • African Charter on Human and Peoples' Rights Article 2
  • African Charter on Human and Peoples' Rights Article 3(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(1)(b)
  • African Charter on Human and Peoples' Rights Article 12(1)
  • African Charter on Human and Peoples' Rights Article 12(2)
  • African Charter on Human and Peoples' Rights Article 13(1)
  • 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 18(1)(2)(3)
  • African Charter on Human and Peoples' Rights Article 22(1)
  • African Charter on Human and Peoples' Rights Article 26
  • 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)
  • Universal Declaration of Human Rights Article 10
  • Universal Declaration of Human Rights Article 11
  • Universal Declaration of Human Rights Article 12
  • International Covenant on Civil and Political Rights Article 14
  • International Covenant on Civil and Political Rights Article 17
  • ECOWAS Protocol on Democracy and Good Governance Article 1(a)
  • African Charter on Democracy, Good Governance and Elections Article 2(5)
  • African Charter on Democracy, Good Governance and Elections Article 3(5)
  • Constitution of the Republic of Benin Article 117
  • Constitution of the Republic of Benin Article 124
  • Inter-ministerial Order no. 023/MJL/DC/SGM/DAPCG/SA/023SGG19 of 22 July 2019

Cases cited (16)

  • Houngue Éric Noudehouenou v Republic of Benin (2020) 4 AfCLR 701
  • Ghaby Kodeih and Nabih Kodeih v Republic of Benin (Application No. 008/2020)
  • Houngue Éric Noudehouenou v Republic of Benin (Application No. 032/2020)
  • Beneficiaries of the late Norbert Zongo and Others v Burkina Faso (2014) 1 AfCLR 219
  • Konaté v. Burkina Faso (merits)
  • Peter Joseph Chacha v United Republic of Tanzania (2014) 1 AfCLR 398
  • Diakité Couple v Republic of Mali (2017) 2 AfCLR 118
  • Komi Koutché v Republic of Benin (Application No. 020/2019)
  • Houngue Éric Noudehouenou v Republic of Benin (Application No. 028/2020)
  • Laurent Mètognon and Others v Republic of Benin (Application No. 031/2018)
  • Conaîde Akouedjenoudje v Republic of Benin (Application No. 024/2020)
  • Fidèle Mulindahabi v Rwanda (2020) 4 AfCLR 291
  • Sébastien Germain Marie Aikoue v Republic of Benin (2021) 5 AfCLR 623
  • Mariam Kouma and Ousmane Diabaté v Republic of Mali (2018) 2 AfCLR 237
  • Rutabingwa Chrysanthe v Republic of Rwanda (2018) 2 AfCLR 361
  • Collectif des anciens travailleurs ALS v Republic of Mali (Application No. 042/2015)

Full judgment

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

XYZ v Republic of Benin (Application No. 058-2019) [2025] AfCHPR 22 (26 June 2025)
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.