29. For these reasons, the Court dismisses the objection raised by the
Respondent State and holds that it has material jurisdiction in this
Application.
B. Other aspects of jurisdiction
30. The Court observes that no objection has been raised with respect to its
personal, temporal and territorial jurisdiction. Nonetheless, in line with Rule
49(1) of the Rules, it must satisfy itself that all aspects of its jurisdiction are
fulfilled before proceeding.
31. In relation to its personal jurisdiction, the Court recalls, as stated in
paragraph 2 of this judgment that the Respondent State became a party to
the Charter on 21 October 1986, the Protocol on 10 February 2006, and on
29 March 2010, deposited the Declaration. However, on 21 November
2019, the Respondent State deposited with the Chairperson of the African
Union Commission an instrument withdrawing its Declaration made under
Article 34(6) of the Protocol. The Court further recalls that it has held that
the withdrawal of a Declaration does not have any retroactive effect and it
also has no bearing on matters pending prior to the filing of the instrument
withdrawing the Declaration, or new cases filed before the withdrawal takes
effect.10 Since any such withdrawal of the Declaration takes effect 12
months after the notice of withdrawal is deposited, the effective date for the
Respondent State’s withdrawal was 22 November 2020.11 This Application,
having been filed before the Respondent State deposited its notice of
withdrawal, is thus not affected by it. The Court, therefore, finds that it has
personal jurisdiction to examine the present Application.
32. In respect of its temporal jurisdiction, the Court notes that the violations
alleged by the Applicant arose after the Respondent State became a party
to the Protocol. Furthermore, the Court observes that the Applicant remains
convicted based on what he considers an unfair process. Therefore, it holds
10 Cheusi v. Tanzania, supra, §§ 35-39.
11 Ingabire Victoire Umuhoza v. Republic of Rwanda (jurisdiction) (3 June 2016) 1 AfCLR 562, § 67.
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