asking it to constitute itself as a court of first instance and, secondly, that the Application is frivolous and vexatious for not raising any human rights violations. 28. With regard to the argument that the Court will constitute itself as a court of first instance in considering this Application, the Court recalls that it has consistently held that, so long as an Application alleges violation of rights protected in the Charter or any other international instrument to which the Respondent State is a party, it possesses jurisdiction.8 In Armand Guehi v. Tanzania, the Court held that “… with respect to whether it is called to act as court of first instance, [the Court is of the view] that, by virtue of Article 3 of the Protocol, it has material jurisdiction so long as the Application alleges violations of provisions of international instruments to which the Respondent State is a party.”9 29. In relation to the Applicants’ allegations in this case, the Court observes that these directly relate to rights guaranteed in the Charter. The Applicants have questioned the compatibility of provisions of the NEA with Articles 1, 3 and 13(1) of the Charter, Article 25 of the International Covenant on Civil and Political Rights (hereinafter referred to as “the ICCPR”) and Articles 21(1) and 21(2) of the Universal Declaration of Human Rights (hereinafter referred to as “the UDHR”). 30. Since the Applicants are alleging violations of the Charter, and other instruments to which the Respondent State is a party, the Court holds that it will not be sitting as a court of first instance in adjudicating on the Applicants’ allegations. Accordingly, the Court dismisses the first limb of the Respondent State’s objection to its material jurisdiction. 8 Kenedy Ivan v. United Republic of Tanzania (merits and reparations) (28 March 2019) 3 AfCLR 48, §§ 20-21 and Nguza Viking (Babu Seya) and Johnson Nguza (Papi Kocha) v. United Republic of Tanzania (merits) (23 March 2018) 2 AfCLR 287, § 36. 9 (merits and reparations) (7 December 2018), § 31. 9