IV. 31. JURISDICTION OF THE COURT Under Rules 39(1) and 52(7) of the Rules, the Court is required to consider the objections raised by the Respondent and in particular, that regarding the jurisdiction of the Court to hear and determine the present Application. 32. Articles 3(2) of the Protocol and Rule 26 (2) of the Rules of Court provide that “in the event of a dispute as to whether the Court has jurisdiction, the Court shall decide.” 33. To resolve the issue raised in the preliminary objection, it should be understood that, for the Court to entertain an Application directly by an individual, the said Application should submitted inter-alia meet the requirements of Articles 5(3) and 34(6) of the Protocol. 34. Article 5(3) of the Protocol provides as that: “The Court may entitle relevant Non-Governmental organizations (NGOs) before the Commission, with observer status and individuals to institute cases directly before it, in accordance with Article 34(6) of this Protocol.” 35. Article 34(6) of the Protocol for its part provides that “at the time of the ratification of this protocol or any time make thereafter, a declaration accepting the competence cases under Article 5(3) of this Protocol. the The Court shall not receive any ~ has not made Rh = i shall of the Court to receive petition under article 5(3) involving a State Party which such a declaration”. State oh : [ 4 a £— f HH ve — Gy OF SQ r> On,