36. The Applicant submits further that execution of judgment No. 0071 3C.COR
of 18 October 2018 rendered by CRIET, would have unforeseeable
consequences for him, and prays the Court take the decision for a stay of
execution of the said judgment, as a matter of urgency.
37. The Respondent State submits that the Applicant cannot ask the Court for
a stay of execution of a judgment of a Benin court under Benin's positive
law and the laws declared by the Constitutional Court as being in conformity
with Benin's Constitution.
38. It further submits that it is established jurisprudence that community courts
do not have jurisdiction to issue injunctions to Member States in respect of
their domestic laws and procedures; adding that to admit such injunctions
would lead to the obliteration of domestic court decisions. The Respondent
State also refers to the Applicant's cassation appeal, describing the same
as premature and unfounded.
39. Finally, the Respondent State prays the Court to dismiss the Applicant's
claims as premature and baseless.
.**
40. The Court notes that Article 27(2) of the Protocol provides that:
"In cases of extreme gravity and urgency, and when necessary to avoid
irreparable harm to persons, the Court shall adopt such provisional
measures as it deems necessary".
41. Further, Rule 51 (1) of the Rules provides that the Court may:
"[ajt the request of a party, the Commission or on its own accord,
prescribe to the parties any interim measure which it deems necessary
to adopt in the interest of the parties or of justice."