VII. JURISDICTION
29.
This Application is founded on the alleged violation of the right to freedom
of assembly, freedom of expression and freedom of movement guaranteed
in Articles 11, 9 and 12 (1) of the African Charter respectively. In
accordance with Article 9(4) of the Protocol A/P1/7/91 on the Community
Court of Justice (Protocol), which provides, “The Court has jurisdiction to
determine cases of violation of human rights that occur in any Member
State.” The Court therefore holds that the Application being premised on
the alleged violation of human rights, the Court has jurisdiction to
adjudicate on the Application.
30. VIII. ADMISSIBILITY
The admissibility of applications in this Court is provided for in Article
10(d) (i) and (ii) of the Supplementary Protocol 2005: “Access to the Court
is open to…d) individuals on application for relief for violation of their
human rights; the submission of application for which shall: i) not be
anonymous; nor ii) be made whilst the same matter has been instituted
before another International Court for adjudication.”
31.The Court holds that the Application is in compliance with Article 10 (d)
(i) and (ii) of the Protocol, having found that it is neither anonymous nor
made whilst the same matter has been instituted before another international
court for adjudication.
32.It is imperative to state at this point that while Article 10(d) (i) and (ii) are
statutory provisions enshrined in the Protocol for the determination of the
admissibility of an application therein, they are not exhaustive as certain
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