b.
Are compatible with the Constitutive Act of the African Union
and with the Charter;
c.
Are not written in disparaging or insulting language directed
against the State concerned and its institutions or the African
Union;
d.
Are not based exclusively on news disseminated through the
mass media;
e.
Are sent after exhausting local remedies, if any, unless it is
obvious that this procedure is unduly prolonged;
f.
Are submitted within a reasonable time from the date local
remedies were exhausted or from the date set by the Court as
being the commencement of the time limit within which it shall
be seized with the matter; and
g.
Do not deal with cases which have been settled by those States
involved in accordance with the principles of the Charter of the
United Nations, or the Constitutive Act of the African Union, or
the provisions of the Charter.
40. The Court notes that the Respondent State raises objections to the
admissibility of the Application in relation to (A) non-exhaustion of local
remedies and (B) the Application having not been filed within a reasonable
time. The Court will thus consider these objections before examining other
conditions of admissibility, if necessary.
A.
Objection based on non-exhaustion of local remedies
41. The Respondent State submits that the present Application does not fulfil
the admissibility condition under Article 56(5) of the Charter, which requires
that seizure of the Court shall be after exhaustion of local remedies, if any,
unless such remedies have been unduly prolonged.
42. The Respondent State argues that even though the Applicant claims that
he was not notified of the date of the hearings of his appeal, which led him
to miss the hearings, he still had the opportunity to raise this allegation in
11