The alleged lack of jurisdiction of the Court:
67.
The Defendant raised the lack of jurisdiction of this Court, alleging, in
summary, that from the jurisprudence of this Court, it is understood that
appeals against decisions of national courts do not fall within its jurisdiction
and that for the Court to rule on the legality of preventive detention, it would
necessarily have to go through an interpretation of the aforementioned
provisions of the Code of Criminal Procedure, to ensure its conciliation,
which this Court does not consider itself competent to do.
68.
The Applicant did not reply.
69.
Based on the Defendant's submission, it is for the Court to ascertain
its own jurisdiction.
70.
To do so, it must first take into consideration both the legal texts
governing its jurisdiction and the nature of the question put before it by the
Applicant, based on the facts as alleged by the Applicant. See the case
CHUDE
MBA
v.
REPUBLIC
OF
GHANA,
Judgment
No.
ECW/CCJ/JUD/10/13, in CCJRL (2013) p. 349§52.
71.
Thus, it is from the analysis of the application lodged by the Applicant
that the Court will verify whether the matter falls within its jurisdiction.
72.
In this sense this Court pronounced in the case BAKARY SARRE AND
28 ORS v. REPUBLIC OF MALI, Judgment No. ECW/CCJ/JUD/03/1, in
CCJRL (2011) p. 67, §25, that: “The competence of the Court to adjudicate
in a given case depends not only on its texts but also on the substance of the
initiating application. The Court accords every attention to claims made by
applicants, the pleas-in-law invoked, and in an instance where human rights
violation is alleged, the Court equally carefully considers how the parties
present such allegations. The Court therefore looks to find out whether the
human rights violation as observed constitutes the main subject-matter of the
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