AFRICAN UNION at ola UNION AFRICAINE UNIAO AFRICANA AFRICAN COURT ON HUMAN AND PEOPLES’ RIGHTS COUR AFRICAINE DES DROITS DE L'HOMME ET DES PEUPLES SEPARATE OPINION OF VICE-PRESIDENT FATSAH OUGUERGOUZ the I fully subscribe to the decision on the Court’s lack of jurisdiction to hear Application filed against the African Union by Mr. Atabong Denis Atemnkeng. The Protocol establishing the Court indeed provides that only States Parties to the said Protocol may be brought before the Court (see Articles 3 (1), 5 (1, litera c)), 7, 26, 30, 31 and 34 (6)). The African Union not being a State entity party to the Protocol, the Court manifestly lacks the jurisdiction to hear this Application. Consequently, I am of the opinion that the Application ought not to have given rise to a judgment per se on the basis of Article 52 (7) of the Rules, relating to preliminary objections; it ought to have been dismissed de plano by a simple letter from the Registrar (see mutatis mutandis my separate opinion attached to the Court’s judgment of 26 June 2012 in a similar case namely Femi Falana y. The African Union, see also my separate opinion attached to the decision of 30 September 2011 in the case of /foua Mbozo'o Samuel v. Pan African Parliament). Besides, the fact that the Court manifestly lacks the jurisdiction to hear this Application is clearly exhibited in the relative brevity of the reasons for the judgement (see paragraphs 36 to 40, and more specifically paragraphs 36 and 39). Hon. Fatsah Ouguergouz Vice President joe