Res judicata and the Admissibility of Applications before the African Court on Human and Peoples’ Rights: a Fresh Look at Dexter Eddie Johnson v. Republic of Ghana

Abstract

In Dexter Eddie Johnson v. Republic of Ghana, the African Court on Human and Peoples’ Rights (the Court), for only the second time in its history, applied Article 56(7) of the African Charter on Human and Peoples’ Rights (the Charter) to declare a case inadmissible. The Court reasoned that the case was inadmissible since the applicant had first approached, and obtained a determination, from the United Nations Human Rights Committee before lodging his case with the Court. This article analyses the Court’s decision and attempts to unpack the Court’s interpretation and application of the doctrine of res judicata, which is the essence of the requirement in Article 56(7) of the Charter.