Consequently, the Court declares that this argument advanced by the Federal Republic of Nigeria is admissible. 45. Nevertheless, the Court does not find in the arguments advanced by the Federal Republic of Nigeria any determining factor capable of compelling it to set aside the previous decision. Consequently, the Court adjudges that SERAP, in the instant case, has locus standi. iii) As to the admissibility of the report by Amnesty International Argument advanced by the Federal Republic of Nigeria 46. The Federal Republic of Nigeria maintained that at the time of lodgment of the initial application, and even the produce the report by Amnesty annexed schedule of exhibits. amended application, International, which By acting in such the it had manner, Plaintiff did not listed among the and deliberately so, the Plaintiff violated the provisions of Article 32 of the Rules of Procedure — particularly paragraphs 1, 4, 5 and 6 — which it was bound to respect, and thus violated its right to defence. It added that the Plaintiff thus contributed to a systematic denial of fair hearing in the suit. Argument advanced by the Applicant 47. Plaintiff counsel maintained that the admissibility of the document is at the discretion of the Court, and urged the Court to discountenance the argument brought by the Defendant, which falls under technicality, to the detriment of substantial justice. Moreover, the Plaintiff argued that the report is a piece of evidence report he intended is due to rely on. to an omission He added on the that the failure to produce part of counsel to the the Plaintiff, which should not result in injury to the Plaintiff. He prayed the Court to admit the said document. Analysis of the Court 48. Paragraphs 1, 4, 5 and 6 of Article 32 of the Rules of Procedure of the Court provides: 13|Page

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