72. In light of this, the Court holds that the Respondent’s Preliminary Objection
that the Application is statute barred cannot stand and is hereby dismissed.
VIII. ADMISSIBILITY
73.The admissibility of applications in this Court is provided for in Article
10(d) (i) and (ii) of the Supplementary Protocol 2005: “Access to the Court
is open to…d) individuals on application for relief for violation of their
human rights; the submission of application for which shall: i) not be
anonymous; nor ii) be made whilst the same matter has been instituted
before another International Court for adjudication.”
74.The Court holds that the Application is in compliance with Article 10 (d) (i)
and (ii) of the Protocol, having found that it is neither anonymous nor made
whilst the same matter has been instituted before another international court
for adjudication.
75.It is imperative to state at this point that while Article 10(d) (i) and (ii) are
statutory provisions enshrined in the Protocol for the determination of the
admissibility of an Application therein, they are not exhaustive as certain
facts of the Application may present a need for further examination of its
admissibility outside the enshrined provision. One of such requirements
relates to the authorization or mandate to act in a representative action lack
of which renders the Application inadmissible.
76.Thus while the Application has been declared to be in compliance with the
provision of Article 10(d) (i) and (ii) of the Supplementary Protocol, it is
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