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 ,

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