several applications against the same Respondent State does not
necessarily mean that he/she lacks good faith.35 More substantiation is
required to establish bad faith on the part of an Applicant.36
237. The Court considers that failure to disclose information or to file evidence
on relevant material facts does not constitute sufficient grounds to declare
an application as abuse of process. In any event, in accordance with Rule
51(1) of the Rules, it may, in the course of the proceedings and whenever it
considers it necessary, request the parties to produce any relevant
document and provide any relevant explanations. Notwithstanding, the
Court will take note of any failure to produce documents or explanations.
238. In the light of the foregoing, the Court finds that the filing of the present
Application does not constitute abuse of process.
239. Accordingly, the Court dismisses the Respondent State’s objection to the
admissibility of this Application based on abuse of process.
B. Objections to admissibility based on requirements provided for in the
Charter
240. The Respondent State raises objections to the admissibility of the
Application on the grounds that the Application is incompatible with the
Constitutive Act of the AU (i) and is based on news disseminated by the
mass media (ii). It submits that the Application was not filed after exhaustion
of domestic remedies (iii) and that the Application concerns cases that were
settled in conformity with the principles of the Charter of the United Nations,
the Constitutive Act or the provisions of the Charter (iv).
35 Sébastien Germain Marie Aïkoué Ajavon v. Republic of Benin (merits and reparations) (4 December
2020) 4 AfCLR 133, § 64 ; XYZ v. Republic of Benin (merits and reparations) 4 AfCLR 83, § 42.
36 Ajavon v. Benin, ibid; XYZ v. Benin, supra, § 45.
55
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