AFRICAN UNION UNION AFRICAINE aa aby UNIAO AFRICANA COUR AFRICAINE DES DROITS DE L’HOMME ET DES PEUPLES AFRICAN COURT OF HUMAN AND PEOPLES’ RIGHTS Application No. 019/2015 In the Matter of Femi Falana v. The African Commission on Human and Peoples’ Rights Separate Opinion of Judge Fatsah Ouguergouz 1 I am of the opinion, same as all my colleagues, that the Court lacks the jurisdiction to hear and to rule on the “Application” filed by Mr, Femi Falana against the African Commission on Human and Peoples’ Rights (hereinafter the “African Commission”). 2; Indeed, according to the Protocol, only States Parties to this instrument may be brougth before the Court (see Articles 3 (1), 5 (1, /ittera c)), 7, 26, 30, 31 and 34 (6)). The African Commission not being a State entity party to the Protocol, the Court manifestly lacks the jurisdiction ratione personae to entertain the said request. Furthermore, by virtue of its subject matter, this request does not fall within the jurisdiction ratione materiae of the Court as envisaged in Article 3 of the Protocol. 5; Unlike my colleagues, I am however of the view that this request, rather peculiar in nature,' cannot in any circumstance be registered in the General List of the Court nor a fortiori, be subject to judicial determination by the Court and be dismissed by way of an Order issued by the Court. It ought to have been rejected by way ofa simple letter from the Registrar. * ' Mr. Falana indeed sets out his request as follows: “The Applicant therefore seeks the following reliefs from the African Court: 1, Request the African Commission to refer the Communication against 2. initiated before it on 4 May 2015 to the African Court. Burundi Hear the Applicant pursuant to Rule 29 of the Rules of Procedure of the African Court and the inherent jurisdiction of the Honourable Court.