c) that the 4th Respondent only deposited a declaration under Article 34(6)
of the Protocol after the commencement of these proceedings.
22. The following were distilled as points of disagreement and which now
require this Court’s determination:
1) whether the Court has jurisdiction to entertain this Reference.
2) whether the issues as presented were justiciable.
3) whether the Application discloses a cause of action against the 1st
and 4th Respondents.
4) whether the Applicant has locus standi to present the Reference.
5) Whether the delay by the 2nd to 5th Respondents to deposit their
respective declarations is a violation of Articles 5, 6, 7, 8(1)(c), 126
and 130 of the Treaty; Articles 1(2), 7, 13, 26, 62, 65 and 66 of the
African Charter on Human and People’s Rights (the Charter) and
Articles 1, 3, 5, and 34 of the Protocol on the African Charter on
Human and Peoples’ Rights on the Establishment of the African
Court on Human and Peoples’ Rights (the Protocol).
6) Whether the 1st Respondent has a duty under the Treaty, the Charter
or the Protocol to compel and/or supervise the 2nd, 3rd and 5th
Respondents to deposit declarations under Article 34(6) of the
Protocol.
7) Whether the parties are entitled to the remedies sought.
15 | P a g e
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