Respondent notes

The State argues that the remedies were not only available but effective and sufficient and

that the complainant didnt bother to access them to seek justice for the victims.

NUGAL

The matter is constitutional issue and Supreme Court has Jursidiction to hear constitutional

issues.

Trokosi

The African Commission is of the view that it is incumbent on the complainant to take all

necessary steps to exhaust, or at least attempt the exhaustion of local remedies. It is not

enough for the complainant to cast aspersion on the ability of the domestic remedies of the

State due to isolated incidences. In this regard, the African Commission would like to refer to

the decision of the Human Rights Committee in A v Australia7 in which the Committee held

that mere doubts about the effectiveness of local remedies did not absolve the author

from pursuing such remedies.