Original language


Date of text
Type of court
Reference number
No. 338/2007 (ACmHPR, Nov. 2010)
Remedies, Admissibility, Property, Licences, Human Rights, Torts, Evidence, Damages, Liability, Civil
Free tags
Land & soil
Legal questions

“2. The Complainant alleges that the Respondent State violated the rights of the people of Awori Community, following a pipeline explosion in Abule Egba on 26 December 2006, which resulted in loss of lives, physical and permanent injuries, destruction of properties, environmental degradation, and other human rights violations.”

“ 5. The Complainant alleges that about 700 lives were lost including women and children in the aftermath of the pipeline explosion. Furthermore, it submits that, the environment has not been properly disinfected since the explosion, which could cause an epidemic to the remaining residents of the area.”

“39. According to the Respondent State, the Complaint does not fulfill the requirement of Article 56(5) of the African Charter related to the exhaustion of local remedies.”

“66. In the present communication, the African Commission is of the opinion that the Complainant only made generalised statements about the unavailability of local remedies in the Respondent State, without attempting to exhaust them. Accordingly, as was the situation in the Anuak Justice Council v Ethiopia case, the African Commission concludes that the Complainant in the present communication has not exhausted local remedies.”