1. The jurisdiction of the Court shall extend to all cases and disputes submitted to it concerning the interpretation and application of the Charter, this Protocol and any other relevant human rights instruments ratified by the States concerned. 2. In the event of a dispute as to whether the Court has jurisdiction, the Court shall decide. 21. The Court further observes that pursuant to Rule 49(1) of the Rules, it “shall preliminarily ascertain its jurisdiction … in accordance with the Charter, the Protocol and these Rules.”6 22. On the basis of the above-cited provisions, the Court must, in every Application, preliminarily ascertain its jurisdiction and rule on objections thereto, if any. 23. The Court observes that the Respondent State raises an objection to material jurisdiction on the ground that it is being requested to sit as an appellate court from decisions of its Court of Appeal. The Court will thus, preliminarily, address the said objection before considering other aspects of its jurisdiction, if necessary. A. Objection to material jurisdiction 24. The Respondent State submits that the jurisdiction of the Court is evoked through Article 3(1) of the Protocol and Rule 26 of the Rules,7 Which he avers do not give the Court jurisdiction to sit as an appellate court after its Court of Appeal has decisively concluded on a matter. 25. It is the Respondent State’s contention that by raising evidential issues previously resolved by domestic courts, the Applicant is asking this Court to exercise appellate jurisdiction on matters already concluded and finalised by its Court of Appeal, which is the highest domestic court. The Respondent 6 7 Rule 39(1), Rules of Court, 2 June 2010. Rule 29, Rules of Court, 2020. 7