18.With
respect to the Respondent
State’s objection that this Court is being
asked to act as an appellate court, the Court notes that Article 3(1) of the
Protocol states that it has jurisdiction to consider any Application filed before
it provided that it contains allegations of violation of rights protected by the
Charter, or any other human
State.? Moreover,
rights instruments ratified by a Respondent
in accordance with Article 7 of the Protocol, it applies the
provisions of the Charter and any other relevant human rights instruments
ratified by the State concerned.
19. The Court has previously underlined that it is empowered by the above cited
Articles of the Protocol to examine the conformity of the proceedings of the
Respondent
State’s courts with
human
rights standards
set out in the
instruments ratified by a State. *
20. In the instant case, the Applicant alleges violation by the Respondent State
of
rights
protected
consistently
held,
by
the
cannot
be
Charter.
said
Therefore,
to exercise
respect to decisions of national courts.
the
Court,
as
it has
appellate jurisdiction
with
Consequently, the Court holds that
it has material jurisdiction.
21.In view of the foregoing, the Court holds that it has material jurisdiction.
B.
Personal jurisdiction
22.While the Respondent State has not raised any objection to the personal
jurisdiction of the Court, the Court notes that, on 21 November 2019, it filed
with
the
Chairperson
withdrawal
of the
Judgment,
of which
of the
Declaration,
African
as
the Court was
Union
referred
informed
Commission,
to in
paragraph
a
notice
2
by the Legal Counsel
of
of this
of the
African Union Commission, on 4 December 2019.
2 Peter Joseph Chacha v United Republic of Tanzania (admissibility) (2014) 1 AfCLR 398, § 114.
3 Alex Thomas v United Republic of Tanzania (merits) (2015) 1 AfCLR 465, § 130. See also Mohamed
Abubakari v United Republic of Tanzania (merits) (2016) 1 AfCLR 599, § 29; Christopher Jonas v United
Republic of Tanzania (merits) (2017) 2 AfCLR 101, § 28; and Ingabire Victoire Umuhoza v Rwanda
(merits) (2017) 2 AfCLR 165, §§ 53 and 54.