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DOCTRINE OF EXHAUSTION OF LOCAL REMEDIES

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In other words, the issue is hinged on the disrespect for the doctrine of exhaustion of local remedy in a legislation. The doctrine connotes that a party 49 must accomplish all internal remedies, donated to him by a statute, before approaching a Court for redress. Where a party ignores harvesting them, his action will be declared premature and impotent to activate/ignite the jurisdiction of the Court to hear it. The concept has received the blessing of the case-law in flood of authorities, see Eguamwense v. Amaghizemwen (1993) 9 NWLR (Pt. 315) 1, Bamisile v. Osasuyi (2007) 10 NWLR (Pt. 1042) 225; Aribisala v. Ogunyemi (2005) 6 NWLR (Pt. 921) 212; Ogologo v. Uche (2005) 4 NWLR (Pt. 945) 226; Awoyemi v. Fasuan (2006) 13 NWLR (Pt. 996) 86; Owoseni v. Faloye (2005) 14 NWLR (Pt. 946) 719; Okomalu v. Akinbode (2006) 9 NWLR (Pt. 985) 338; Unilorin v. Oluwadare (2006) 14 NWLR (Pt. 1000) 751; Aladejobi v. NBA (2013) 15 NWLR (Pt. 1376) 66; Kayili v. Yilbuk (2015) 7 NWLR (Pt. 1457)26; Bukoye v. Adeyemo (2017) 1 NWLR (Pt. 1546) 173; A.G., Kwara State Adeyemo (2017) 1 NWLR (Pt. 1546) 210; Magbagbeola v. Akintola (2018) 11 NWLR (Pt. 1629) 177. The wisdom for the doctrine is, inter alia, to prune down the number of “dispute that eventually find their way into Court”,Kayili v. Yilbuk (supra) at 83, per Kekere-Ekun, JSC. Thus, it is a similitude of alternative dispute resolution.

— O.F. Ogbuinya JCA. Stanbic IBTC Bank Plc v. Longterm Global Cap. Ltd. & Ors. (September 20 2021, ca/l/1093/2017)

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EXHAUSTING LOCAL REMEDIES IS A LEGAL REQUIREMENT – (African Court)

Exhaustion of local remedies by an Applicant is not a matter of choice. it is a legal requirement in international law. Therefore this Court in the matter of Application No 003/2011 Urban Mkandawire v Republic of Malawi affirmed the importance of this requirement; it dismissed the application on the basis that the Applicant in that matter had not exhausted local judicial remedies.

– CHACHA v. THE UNITED REPUBLIC OF TANZANIA (003/2012) [2014] AFCHPR 48 para 142