IV.5- The Republic of Benin, in a “preliminary objection” dated 20
November 2014 filed simultaneously with the merit i.e. the same 4
December 2014, rejected the application by Mr AMOUSSOU Georges
Constant taken from the authority of res judicata;
IV.6- It maintained that Mr AMOUSSOU’s application is inadmissible for
the simple reason that this Court has already delivered on 6 March 2014
a judgment in relation to the arrest, custody and detention of the
applicant in the case of the ICC-Services between the parties in this case;
IV.7- Mr AMOUSSOU argued in his conclusions reply dated 30 December
2014 mainly, that the conclusions of the Republic of Benin dated 20
November 2014 is inadmissible for violation and/or non-compliance
with the requirements of Articles 33 and 35 of the Rules of Court and
secondarily, that the plea of inadmissibility is unfounded;
IV.8- Article 33.2 of the Rules of the Community Court of Justice requires
electing domicile in the place where the Court has its seat and indicating
the name of the person who is authorized and has consented to receive
all services;
The examination of the “preliminary objection” dated 20 November 2014
by the Republic of Benin shows that the document meets the
requirements of Article 33.2 of the Rules of Court;
In fact, he mentioned the election of domicile by the Republic of Benin as
the Embassy of Benin in Nigeria, located at Plot No. 2579 (near Algon
Guest House) Yedserram Street, Maitama in Abuja seat of the Court;
IV.9- Article 33.3 of the Rules of the Community Court of Justice provides
that “…the application may state that the lawyer or agent agrees that
service is to be effected on him by telefax or other technical means of
communication....”;
In the present case, counsel for the Republic of Benin indicated his
consent to accept service by fax and e-mail;
It follows then that the requirement of the article has been satisfied;
Moreover, in view of the wording of this provision, the indication of
consent is only optional;
8