Court recalls its jurisprudence that the withdrawal by the Respondent
State of its Declaration has no retroactive effect, neither does it affect
cases pending at the time of the said withdrawal or new cases
brought before it prior to its entry into force 12 months after its
deposition, in this case, on 26 March 2021. As the Application was
filed on 4 September 2018, that is, before the withdrawal took effect,
it is not affected by the said withdrawal.
ii.
Temporal jurisdiction, insofar as all the alleged violations occurred
after the Respondent State became a Party to the Charter and to the
Protocol, as mentioned in paragraph 2 of this Judgment.
iii. Territorial jurisdiction, insofar as the violations alleged by the
Applicant occurred in the territory of the Respondent State.
25. Consequently, the Court holds that it has jurisdiction to hear the instant
Application.
VI.
ADMISSIBILITY
26. Under Article 6(2) of the Protocol, “the Court shall rule on the admissibility
of cases taking into account the provisions of Article 56 of the Charter”.
27. The Court further notes that under Rule 50(1) of the Rules “The Court shall
ascertain the admissibility of an Application filed before it in accordance with
Article 56 of the Charter, the Protocol and these Rules”.6
28. Rule 50(2) of the Rules, which in substance restates Article 56 of the
Charter, provides :
Applications filed before the Court shall comply with all of the following
conditions:
a.
Indicate their authors even if the latter request anonymity,
b.
Are compatible with the Constitutive Act of the African Union
(hereinafter “the Constitutive Act”) and with the Charter;
6
Rule 40 of the Rules of Court of 2 June 2010.
10