42.
In support of their position, the Applicants refer to Rule 26 of the Rules which for
the Applicants, clearly establishes that the interpretation and application of the
Protocol falls within the jurisdiction of the Court.
43.
Therefore, the Applicants submit that when a new case is submitted to the Court
which deals with the question whether or not the Respondent State has fulfilled
its commitment to comply with a judgment in accordance with Article 30 of the
Protocol, the Court has the power to rule on this matter because it relates to the
interpretation and application of the Protocol.
44.
Considering that the present case involves new litigation based on a new law
adopted by the Respondent State with the aim of fulfilling its obligation under
Article 30 of the Protocol, the Applicants maintain that the Court is within the limits
of its jurisdiction set out in Rule 26 of the Rules, to judge whether or not the
Respondent
State
complied
with
the
Court's
previous
judgment
within
the
prescribed time limit and in conformity with the terms set out.
kK
45.
The Court observes that its material jurisdiction is not disputed concerning the
violations alleged of the Charter, the ACDEG, the ECOWAS
Democracy Protocol
and the ICCPR which are all instruments to which the Respondent
State is a
Party. Specifically, the Respondent State became a Party to the Charter on 31
March
1992, to the ACDEG
on 28 November 2013, to the ECOWAS
Democracy
Protocol on 31 July 2013, and to the ICCPR on 26 March 1992.
46.
However,
the Respondent
State contests the Court’s jurisdiction to hear this
matter, because it allegedly lacks the jurisdiction to monitor the execution of its
judgments,
which, for the Respondent
State,
constitutes the essence of this
Application. Accordingly, the Court notes that the Respondent State contests its
jurisdiction to establish a violation of Article 30 of the Protocol.
47.
The Court recalls that pursuant to Article 3(2) of the Protocol, “[i]n the event of a
dispute as to whether the Court has jurisdiction, the Court shall decide”.
12