44. The Court notes that the claims made by the Applicant seek to protect his
rights guaranteed under the Charter. It further notes that one of the
objectives of the Constitutive Act of the African Union, as stated in Article
3(h) thereof, is the promotion and protection of human and peoples’ rights.
Furthermore, nothing on file indicates that the Application is incompatible
with the Constitutive Act of the African Union. Therefore, the Court holds
that the requirement of Rule 50(2)(b) of the Rules is met.
45. The language used in the Application is not disparaging or insulting to the
Respondent State and its institutions or to the Organisation of the African
Unity in fulfilment of Rule 50(2)(c) of the Rules.
46. The Application is not based exclusively on news disseminated through
mass media as it is founded on record of the proceedings of the domestic
courts in fulfilment with Rule 50(2)(d) of the Rules.
47. The Court notes that the Application was filed on 10 May 2016, that is, two
(2) months and twenty-one (21) days after the Court of Appeal rendered its
decision on 19 February 2016. The Court considers this period of two (2)
months and twenty-one (21) days within which it was seized after
exhaustion of local remedies to be reasonable. Consequently, the Court
holds that the Application was filed within a reasonable time in accordance
with Rule 50(2)(f) of the Rules.
48. Furthermore, the Application does not concern a case which has already
been settled by the Parties in accordance with the principles of the Charter
of the United Nations, the Constitutive Act of the African Union, the
provisions of the Charter or of any legal instrument of the African Union in
accordance with Rule 50(2)(g) of the Rules.
49. The Court, therefore, finds that all the admissibility conditions have been
fulfilled and that the Application is admissible.
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