67.Rule 40 of the Rules, which in substance restates Article 56 of the Charter, sets
out the criteria for admissibility of Applications as follows:
"1.disclose the identity of the Applicant notwithstanding the latter's request for
anonymity;
2. comply with the Constitutive Act of the Union and the Charter ;
3. not contain any disparaging or insulting language ;
4. not be based exclusively on news disseminated through the mass media;
5. be filed after exhausting local remedies , if any, unless it is obvious that the
procedure in unduly prolonged ;
6. be filed within a reasonable time from the date local remedies were exhausted or
from the date set by the Court as being the commencement of the time limit within
which it shall be seized with the matter; and
7. not raise any matter or issues previously settled by the parties in accordance with
the principles of the Charter of the United Nations, the Constitutive Act of the
African Union, the provisions of the Charter or of any legal instrument of the African
Union."
A. Conditions of admissibility in contention between the parties
68. The Respondent State raises two objections to the admissibility of the Application:
one, in relation to the use of disparaging language and, the other, in relation to the
non-exhaustion of local remedies.
i. Objection based on the use of disparaging language in the
Application
69. The Respondent State contests the admissibility of the Application on the ground
that the words used by the Applicant are grossly disparaging, dishonourable to the
dignity inherent in the function of Benin Head of State and degrading towards the
Benin judiciary. In his view, the Applicant's use of the terms "machination", "obvious
interference with the principle of separation of powers", "interferences with
domestic judicial decisions", and "mockery of a
trial" is inconceivable and
outrageous to the Head of State and Benin justice system. The Respondent State
adds that the said remarks with regard to Ben' . judicia
I
unsustainable since ,