00032 $48.The Court further notes that the Application was filed on 2 October 2015, that is,
after five (5) years and five (5) months from the date of the deposit of the said
declaration. ln the intervening period, the Applicants attempted to use the review
procedure at the Court of Appeal, but their application for review was dismissed
on 19 March 201 5 as having been filed out of time. ln this regard, the key issue for
determination is whether the five (5) years and five (5) months' time within which
the Applicants could have filed their Application before the Court is reasonable.
49.The Court takes note that the Applicants do not invoke any particular reason as to
why it took them five (5) years and five (5) months to seize this Court after they
o
had the opportunity to do so, the Respondent having deposited the declaration
envisaged under the Protocol, allowing them to directly file cases before the Court.
Nonetheless, although they were not required to pursue it, the Applicants chose to
exhaust the abovementioned review procedure at the Court of Appeal. lt is evident
from the file that the five (5) years and five (5) months delay in filing the Application
was due to the fact that the Applicants' were awaiting the outcome of this review
procedure and at the time they seized this Court, it was only about six (6) months
that had elapsed after their request for review was dismissed for filing out of time.
50.ln view of these circumstances, the Court dismisses the Respondent State's
objection in this regard.
a
B. conditions of admissibility that are not in contention between the
Parties
51.The conditions of admissibility regarding the identity of the Applicants, the
Application's compatibility with the Constitutive Act of the African Union, the
language used in the Application, the nature of the evidence adduced,
and the
principle that an Application must not raise any matter already determined in
accordance with the principles of the United Nations Charter, the Constitutive Act
16
Y