We agree with the applicant on this assertion. It is for this reason that we distinguish our position in Femi Falana v African Union as enunciated in our Dissenting Opinion therein. The State Parties have the duty to ensure that the Peoples of Africa have access to judicial protection of their rights and this cannot be achieved with the clog of Article 34(6) of the Protocol. protection of human The right to access the Court is an essential element in the rights. In ensuring access to Court, the Court is competent to set aside any impediment. It is for the above reasons, together with the reasons we have already articulated in the aforesaid case of Femi Falana v. the African Union, that we have no hesitation declaring Article 34 (6) null and void. Justice Sophia A.B. Akuffo —Rresident Justice Bernard M. Ngoepe iosnny p Justice Elsie N. Thompson —Zt~>~@e C_ Dated in Arusha this fifteenth day of March in the year Two Thousand an Thirteen.