23. In the present Application, the Court notes that the Respondent State has
raised an objection to its material jurisdiction. The Court will thus consider
the objection to its material jurisdiction (A) before assessing other aspects
of its jurisdiction (B).
A. Objection to the Court’s material jurisdiction
24. The Respondent State argues that, under Article 3 of the Protocol, the Court
complements rather than substitutes a State’s internal domestic
mechanisms for redressing human rights violations. In the instant
Application, according to the Respondent State, if the Court considered the
Applicants’ allegations in relation to section 4(1) of the NEA it would be
sitting as a court of first instance to consider a provision that has never been
challenged in its domestic courts. In support of its argument, the
Respondent State cites the Court’s decision in Kijiji Isiaga v. Tanzania and
submits that “… the Court lacks material jurisdiction to entertain this matter
in its entirety…”.
25. The Respondent State’s further argues that “the Application is frivolous and
vexatious as it does not establish any human rights which is violated
regarding section 4(1) of the National Elections Act.”
*
26. In their Reply, the Applicants contest the Respondent State’s arguments
and submit that the Court has material jurisdiction to hear the Application.
According to the Applicants, the Application “… is based on interpretation of
the African Charter as well as other international human rights instruments
which the Respondent is a party to and has duty to respect, fulfil and
comply.”
***
27. At the outset, the Court notes that the Respondent State raises two
arguments against its material jurisdiction. Firstly, that the Applicants are
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