25. As a result of the Court’s decision above, this Application will only proceed
as against the following States, which are Parties to the Protocol and have
also deposited the Declaration: Burkina Faso, Republic of Gambia, Republic
of Ghana, Republic of Guinea Bissau, Republic of Mali, and Republic of
Niger.
26. Given the striking out of the Respondent States listed above, it is necessary
to change
the title of the Application. This change, however, will not
adversely affect either the procedural or substantive rights of the
Applicants.4 Consequently, the Court decides that this Application be
henceforth renamed as Application No. 005/2024 – Chief Festus A.
Ogwuche & 24 Others v. Burkina Faso and 5 Other States. The Court further
decides that the renamed Application be served on the relevant Respondent
States as identified herein earlier.
V.
OPERATIVE PART
27. For these reasons:
THE COURT
Unanimously,
i.
Holds that the following States are struck out of this Application as
Respondents: Republic of Benin, Republic of Côte d’Ivoire,
Republic of Cabo Verde, Republic of Guinea, Republic of Liberia,
Federal Republic of Nigeria, Republic of Togo, Republic of
Senegal and Republic of Sierra Leone;
ii.
Holds that the Application shall proceed only in respect of the
Respondent States that have ratified the Protocol and deposited
the Declaration being: Burkina Faso, Republic of Gambia,
4 Karata Ernest and Others v. United Republic of Tanzania (procedure) (27 September 2013) 1 AfCLR
356, § 8.
11