32. The Respondent State does not raise any objection to the admissibility of
the Application and only calls upon the Court to declare it inadmissible. The
Court will, therefore, consider whether the Application has met all
admissibility requirements as restated earlier.
33. From the records on file, the Court notes that the Applicant has clearly been
identified by name, in fulfilment of Rule 50(2)(a) of the Rules.
34. The Court notes that the claims made by the Applicant seek to protect his
rights guaranteed under the Charter. It further notes that one of the
objectives of the Constitutive Act of the African Union as stated in Article
3(h) thereof is the promotion and protection of human and peoples’ rights.
Furthermore, nothing on file indicates that the Application is incompatible
with the Constitutive Act of the African Union. The Application therefore
fulfils the requirement set out in Rule 50(2)(b) of the Rules.
35. The language used in the Application is not disparaging or insulting to the
Respondent State or its institutions, in fulfilment of Rule 50(2)(c) of the
Rules.
36. The Court further notes that the Application is not based exclusively on
news disseminated through mass media as it is founded on legal
documents, in fulfilment of Rule 50(2)(d) of the Rules.
37. The requirement under Rule 50(2)(e) that local remedies should be
exhausted has also been met since the Court of Appeal, which is the highest
judicial body of the Respondent State examined the matter and, on 27
October 2009, dismissed the Applicant’s appeal in its entirety for lack of
merit.
38. With regard to the condition of filing an application within a reasonable time
after exhaustion of local remedies, the Court notes that Article 56(6) of the
Charter does not specify any time frame within which an application must
be filed before this Court. Rule 50(2)(f) of the Rules, which in substance
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