i.
Reject the request for revocation of the Order for provisional
measures.
ii.
V.
Rule that the Respondent State has failed to comply with the Order.
JURISDICTION
10. In its Order on provisional measures dated 28 August 2023, the Court held that it
has prima facie jurisdiction in this matter.
11. The Court observes that, after the delivery of the above-mentioned Order, the
Registry of the Court has been informed, via a note verbale dated 7 March 2025,
addressed to the African Union Commission and copied to the Court’s Registry,
that the Respondent State has withdrawn its Declaration under Article 34(6) of the
Protocol.
12. The notification of the Respondent State’s withdrawal of the Declaration
necessitates the Court’s consideration of its effects on the present matter. As the
Court has previously held, the effects of the withdrawal of a Declaration deposited
pursuant to Article 34(6) of the Protocol do not have any retroactive effect.4
Additionally, the withdrawal has no bearing on matters pending prior to the filing of
the withdrawal, as is the case with the present Application.
13. In relation to date of entry into force of the withdrawal, the Court reaffirms its settled
position that such a withdrawal takes effect 12 months after the filing of the
4 Ingabire Victoire Umuhoza v. Republic of Rwanda (jurisdiction) (2016) 1 AfCLR 562, §§ 66-68;Houngue
Eric Noudehouenou v. Republic of Benin, AfCHPR, Application No. 003/2020 Order of 5 May 2020
(provisional measures), §§ 4- 5 and Corrigendum of 29 July 2020; Kouadio Kobena Fory v. Republic of Côte
d'Ivoire (merits and reparations) (2 December 2021) 5 AfCLR 682, § 2 and Andrew Ambrose Cheusi v.
United Republic of Tanzania (judgment) (26 June 2020) 4 AfCLR 219, § 38.
4