(b) Demand that the Authorities of Niger introduce a new legislation which actually protects women against discriminatory customs in issues of marriage and divorce; (c) Ask the Authorities of Niger to revise the laws relating to courts and tribunals in such a manner that justice may fully play its role as a guardian of the rights of persons who are victims of the practice of slavery; (d) Require from the Republic of Niger that it abolishes harmful customs and practices founded upon the idea of inferiority of women; (e) Grant fair reparation to Hadijatou Mani Koraou, for the harm she had suffered during her 9 years of captivity. 29. The Defendant raised a Preliminary Objection, to the effect that: (a) The Application was inadmissible, for lack of exhaustion of local remedies; (b) The Application was inadmissible, due to the fact that the case brought before instant Honourable Court was still pending before the domestic courts of Niger. 30. In compliance with Article 87 (5) of its Rules of Procedure, the Court of Justice of ECOWAS joined the Preliminary Objection to the merits, to adjudicate by virtue of one and the same Judgment. 31. At the 24 January 2008 proceedings, scheduled for the hearing of the Parties, Counsel for the Applicant, citing her state of extreme financial poverty, and the necessity of hearing witnesses residing in Niger (whose transport costs to Abuja seemed to be beyond the financial capacity of the Applicant), requested that the Court's session be transferred to Niamey or any other venue in the Republic of Niger. 32. Counsel for the Defendant averred that "he did not mind if the court session was held outside the seat of the Court" but did, all the same, draw the Court's attention "to negative media coverage and a possible politicisation of the proceedings," before concluding upon the pointlessness of holding such a session in Niger. 33. By its Preliminary Ruling No. ECW/CCJ/APP/08/08 of 24 January 2008, the Court ordered that the court session be held at Niamey in compliance with Article 26 of the 1991 Protocol on the Court. 34. At the hearing of 7 April 2008, at Niamey, the Parties as well as their Witnesses appeared in court. Consideration of the Parties' Pleas-in-law As to the Preliminary Objection 35. The Republic of Niger raised, in limine litis, the inadmissibility of the Application on grounds of non-exhaustion of local remedies, on one hand, and on the other hand, upon the grounds that the case brought before the Court of Justice of ECOWAS was still pending before the national courts of Niger. 4

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