WHETHER THE ACTION COMPLAINED OF FALLS WITHIN THE AMBIT OF THIS COURT’S JURISDICTION. The Plaintiffs herein have filed this Application against the Defendant on alleged violation of their rights as enshrined in the African Charter on Human and Peoples rights. It is pertinent therefore to ascertain the extent of this court’s competence as it relates to the substance of the Plaintiff’s Initiating Application. Article 9(4) of the Supplementary Protocol provides: “The Court has jurisdiction to determine cases of violation of human rights that occur in any Member State.” Article 10 (d): Access to Court is open to the following: (d) Individuals on application for relief for violation of their human rights; the submission of application shall: i) not be anonymous; nor ii) be instituted whilst the same matter has been instituted before another International Court for adjudication.” The crux of the Plaintiffs application is the violation of their rights by the Defendant wherein the Defendant in amending its Electoral Act made it impracticable for the Plaintiffs to exercise their rights as enshrined in Article 13 of the African Charter. 8

اختر الفقرة المستهدفة3